P.O. Box 8772
Pueblo, CO 81008
770-294-5475

May 24, 2002

Mr. Daryl Kidd
707 Whitlock Avenue, Suite H-7
Marietta, GA 30064

Dear Daryl:

Apparently, you have placed yet another lien on my home. I learned about this new lien May 22, 2002, at approximately 3:00 p.m. Mountain Time, through a phone call from Mr. Joe Kuhn, Attorney at Law. The purpose of this letter is to give you fair warning of my intent to pursue redress.

Please allow me to review the history of this dispute. This new lien involves the same fee dispute and the same property as identified by the following facts:

• You represented me in a divorce action in Cobb County Superior Court, October, 1995.
• You filed a lien on my home December, 1995.
• I attempted to settle the dispute through State Bar Fee Arbitration.
• You answered with a Foreclosure Action in Cobb County Superior Court.
• Judge Michael Stoddard ruled that I was entitled to a jury trial on the issue of Foreclosure.
• The State Bar relinquished jurisdiction to the Superior Court.
• Larry Custer, attorney on my behalf, attempted to negotiate a settlement with you and I attempted to complete that by bringing you a certified check for the agreed amount.
• You altered the terms of the agreement by insisting that I sign a waiver of rights of redress for legal malpractice, and then failed to timely produce said waiver for signature.
• You filed action to Enforce Settlement Agreement. I defended against said Motion in a court hearing before Judge Michael Stoddard.
• Judge Michael Stoddard ruled that no settlement agreement existed.
• I pursued legal discovery to defend my property in the foreclosure action. You barred all discovery with multiple Motions to Quash and Motions for Protective Orders.
• Fred D. Bentley, Jr., attorney on my behalf, scheduled your deposition and subpoenaed my divorce file in legal pursuit of discovery, pursuant to defense against foreclosure.
• Less than 24 hours before the scheduled deposition, you filed a Dismissal of the Foreclosure action to avoid deposition and demand for documents.
• Fred D. Bentley, Jr., attorney on my behalf, filed a Motion to Strike your Dismissal. You failed to appear as scheduled for the 9:00 hearing, but with Judge Stoddard's permission, you were allowed to present your case after Mr. Bentley and I were excused from the courtroom.
• Judge Stoddard subsequently issued an Order allowing the dismissal without prejudice. You then had 6 months in which to re-file the foreclosure action.
• You failed to file any subsequent foreclosure action.
• July, 2001, I learned that case law in Georgia (Georgia Court of Appeals) affirms the inability of the Courts to enforce such lien after four years.
• I obtained a new mortgage on my home August 2001, with full disclosure of the lien to the closing attorneys.
• I subsequently signed a sales agreement, dated April 29, 2002, with closing scheduled for May 23, 2002.
• On May 22, 2002 I learned that you had placed a new lien on this same property, for the same disputed fee, plus interest.
• The expected closing has been delayed, and possibly even canceled, solely on the basis of your lien.

You have consistently attempted to purposefully deny me due process in settling this dispute. You have barred me from defending against the filed foreclosure. (My attorney's fees for foreclosure defense were in excess of $14,000.) You have threatened legal action "on account." You have threatened legal action for libel! I responded to such threats with a willingness to meet you in a court with proper jurisdiction. You have failed to adequately pursue your claim through legal means, a responsibility that the Law clearly prescribes and ascribes to you.

I can only assume that you wisely chose NOT to be a plaintiff in additional litigation against me for the following reason: As I disclosed to you in previous response letters, my defense against any litigation will clearly include a claim of legal malpractice and abusive litigation. As I disclosed to you in proper Notice of Address Change, November 21, 2001, I am now a citizen of Colorado. Regardless of the distance, I will respond to any litigation according to my rights under Georgia law and Federal law.

Although I choose to address this issue through civil action, I do recognize my right to bring the irrefutable evidence to the attention of the peoples' prosecution. Please take notice of the Theft by Deprivation and Theft by Taking statutes, and consider how discovery will disclose additional malfeasant conduct on the part of others involved.

As per your attorney's April 7, 2000 letter, it is evident that you are very aware of the abusive litigation statutes. Consequently, this notice shall serve to fulfill the requirements of O.C.G.A. 51-7-84. By reason of notice, you are given an opportunity to voluntarily withdraw, abandon, discontinue or dismiss your claims in their entirety. Pursuant to O.C.G.A. 51-7-82(a), it shall be a complete defense to any claim for abusive litigation that any such person has voluntarily withdrawn, abandoned discontinued, or dismissed the assertion of such claims within thirty (30) days after the mailing of this notice.

If you do not file satisfaction of the lien and withdraw all stated and implied claims within thirty (30) days of the mailing of this notice, I shall be entitled by Law to seek redress and damages.

Using the famous "attorney's" closing line: Please govern yourself accordingly.

Most sincerely,

Marquitta Meade Portman