“I Don’t Believe This Debt is Owed By Me…”; Why I Decided To Sue Dave McCarty, Part Deux



By Chris M. Barkley:
“Am I bugging you? Didn’t mean to bug ya. OK Edge, play the Blues!”
U2 lead singer Bono, finishing a political soliloquy against South Africa’s then apartheid policies during a performance of the song “Silver and Gold” during U2’s Rattle and Hum tour dates in Denver, Colorado, November 1987.
What has gone before:
- On October 21st, 2023, I won a Hugo Award for Best Fan Writer in Chengdu, China.
- My award, along with a host of others were shipped from Chengdu to Dave McCarty, the 2023 Hugo Awards Administrator, who resides in Chicago, Illinois.
- The release of the 2023 Hugo Award Final Ballot results and Nomination Statistics raised concerns and controversy.
- In late January, the Hugo Awards arrived at Dave McCarty’s home, but many were damaged. McCartty states that there is money from the Chengdu con runners to have the awards repaired and will be dispersed in a timely manner.
- On February 14, 2024, “The Report on Censorship and Exclusion” by myself and Jason Sanford was published, highlighting irregularities in the nomination and voting processes overseen by Dave McCarty.
- Since then, some awards have been sent out to recipients but there has been no definitive accounting of who has received them. The current status of my Hugo Award is unknown.
There is no room for feelings in a court of law.
Forget what you’ve seen on Perry Mason, LA Law, The Practice or Suits. When it comes to the law you’re better off keeping your feelings under lock and key.
Because in a court of law, either civil or criminal, the only things that matter are evidence and facts. Not conjecture, hearsay, opinions or, especially, feelings.
Contrary to a good majority of people who support the current administration, we are a nation whose foundation and purpose is bound by laws and legislation, not people. Or feelings.
I have had my fair share of time inside courtrooms, fighting parking tickets, creditors and bad landlords. And I have had my fair share of victories and defeats.
In the previous Cook County Small Claims court hearing on March 27, David Lawrence McCarty claimed he did not feel he owed anything on the claim against him. On April 22, I received an untitled email from Mr. McCarty with a PDF attached of a Cook County court document signed by him stating that officially notifying me that he was going to participate in the upcoming legal proceedings.
On the morning of the hearing, I felt somewhat apprehensive about appearing on the scheduled Zoom call, even though I knew what the likely outcome was going to be.
As I set up my laptop for the hearing forty five minutes before the hearing, I tried to connect to the court website but my phone indicated that there was no internet service. My partner, Juli, who works from home, said that she received a text message from our internet provider that confirmed the area wide outage.
I was feeling a bit anxious about this development because while I could have easily attended over the phone, I felt that doing so felt a bit too impersonal for my taste.
As my anxiety was about to spike, Juli suggested an alternative; rather than waiting to see if the service was going to be restored, I should go over and connect at her vacationing daughter and son in law’s home ten minutes away. I checked my watch and agreed.
I easily zipped through the suburban forests and arrived with twenty minutes to spare. As I entered I faced my next obstacle, an enthusiastic, overly friendly and energetic eight month old chocolate Labrador named Chef.
Chef, being the boundless ball of dogwood he is, made a pest of himself as I set up the laptop. With ten minutes to go, I decided to put Chef outside into the backyard so he could find some wildlife to chase. Except Chef had other plans.
I had placed the laptop on the dining room table facing the living room, with the expansive springlike vista of their backyard as a backdrop.
Chef, wanting my attention and affection, jumped up onto the window ledge, looking over my shoulder as I frantically tried to connect to the Cook County website. When I finally did, I saw Chef, his tongue dripping sideways out of his mouth, loudly pawing at the window in the background.
I sighed and reversed my position to the other side of the table, lest the judge mistake Chef as my legal counsel.
I logged in and was acknowledged by the recording clerk with five minutes to spare. After receiving my case “line number”, I muted my microphone and waited to be called. At 10:35 a.m., Cook County Judge Maria Barlow called the court to order and began hearing cases. I witnessed a number of cases involving rent disputes, property damage, skip trace reports on delinquent defendants and other personal disputes.
And as time passed, my nervousness dissipated. Judge Barlow called cases and worked her way through the call list as efficiently as possible, allowing attorneys, plaintiffs and defendants to have their say but swiftly cutting off any attempts to obfuscate or deflect from the matter at hand.
I also saw ordinary people, also afraid, frustrated and nervous as I am, striving to make themselves understood.
Finally, forty minutes into the session, Judge Barlow called our line number. She addressed the both of us:
Me: Here, Your Honor.
Judge Barlow: All right, good morning.
Dave McCarty: Good morning. David McCarty here, Your Honor.
JB: All right, good morning. Mr. McCarty, it looks like you filed your appearance and Mr. Barkley, you filed the case. Did you all want to go to mediation or you want to set this for trial?
Me: I am willing to go to mediation.
JB: Okay, what about you, Mr. McCarty?
DM: I don’t believe that this debt is owed by me, so I don’t see what mediation would do.
Me: Your Honor, this has been a long-going issue between myself and the defendant, and this could be settled in five minutes if the defendant were to take my settlement offer.
JB: Well, he just said he doesn’t believe he owes the debt, so what do you want me to do, Mr. Barkley? Other than set a trial and listen to the testimony and make a determination.
Me: Well, I’m perfectly willing to go to trial then.
JB: All right. Are you all available Thursday, June 26th at 9:30? It needs to come in person.
DM: That date works for me. Chris is remote, though, so I’ll go with what works for him.
Me: Did you say June 22nd?
JB: The 26th, 26th.
Me: June 26th?
JB: The first day. Yep.
Me:9:30?
JB: Yep. In person, though, room 1102. Does that work?
DM: That works for me, Your Honor.
JB: All right. Mr. Barkley, Mr. McCarty, you all need to come with all of your witnesses in person, room 1102. With you, you’re going to bring three copies of any documents you want the court to see. Any questions, Mr. Barkley?
Me: I have no questions at this time, Your Honor.
JB: Any questions, Mr. McCarty?
DM: No questions, Your Honor.
JB: All right, I’ll see you both June 26th, 9:30 in the morning, in person.
Me: Thank you, Your Honor.
JB: All right, you all have a nice one.
DM: And you as well. Thank you.
And in a little over two minutes, it was over.
I was somewhat relieved that I had made myself clear in my presentation (although I, like a good many people I know, HATE hearing their voice over headphones).
And so, after some extensive contemplation (and eight White Castle sliders and a large Coke Zero later), I decided to contact Mr. McCarty directly via email to clearly and directly make my intentions known.
At 5:23 p.m., Eastern Daylight Time, I sent the following:
24 April 2025
Circuit Court of Cook County – Case #202511033122To: David L McCarty
From: Chris M. Barkley
To David L. McCarty,
In court proceedings earlier today, you stated that you do not owe anything to myself, the Plaintiff in the case I filed against you on 5 February 2025.
In my filing, I contended that you are currently in possession of the 2023 Hugo Award for Best Fan Writer, which I was the recipient of on 21 October 2023, in Chengdu, Sichuan Province, the People’s Republic of China.
The 2023 Hugo Awards that were shipped to your home address arrived in Chicago, Illinois in late January 2024 and I have not received it yet. My filing puts the value of the Award at $3000.00.
In two court hearings, on 27 March 2025 and today, 24 April, you have refused arbitration and my verbal offers to settle this suit. Having failed to disperse my and other 2023 Hugo Award recipients has placed you in this somewhat precarious legal situation.
Cook County Judge Maria Barlow has set an in person trial for 26 June 2025, in Cook County Courtroom 1102 at 9:30 am, Central Standard time.
In the hopes of reaching an mutual agreement before the trial date, I am offering you the settlement in writing:
1) That you will send the 2023 Hugo Award for Best Fan Writer bearing my name to my stated address on the court documents within two weeks of the date of this settlement offer.
2) You will include the designated winning Best Fan Writer envelope and the card bearing my name, to the same address, also within two weeks of this settlement offer.
3) I also request that you disperse any other 2023 Hugo Awards in your possession to the appropriate recipients within two weeks of the date of this settlement offer, with a public declaration (on either a social or a public media outlet of your choosing) that this has been accomplished.
Upon verification of the items above, the civil suit against you will be remitted in its entirety and no further legal action should be necessary.
Cordially,
Chris M. Barkley
Cincinnati, Ohio
I also posted this email as an open letter pinned onto my Facebook page and to many sf news and fandom pages as well.
It is my most fervent hope that Mr. McCarty has either read the email or any of the many posts circulating on social media. Because I am only asking to fulfill the many pledges has has made to deliver the 2023 Hugo Awards to their rightful recipients.
Watch this space…