ynkewmn Posted September 28, 2004 Report Share Posted September 28, 2004 I have posted several times concerning this, but no replies yet, I'm sure everyones busy, but this is driving me nuts! I went to a court appearance to file my answer on an OC collection suit, CITI,(attny., Baker, Miller, Markoff & Krasny). I was called and the judge told me there was a problem with the summons, and continued case, so as I may then file my answer. A Citi attorney was standing there from previous cases, and started writing things down. I think I may have been railroaded, as when I received my paper, I noticed that the plaintiffs lawyer in my case was not present that day. Couldn't I have filed a motion then to have the case dismissed? The judge didn't tell me that the lawyer was NOT present, I just assumed that this attny. was them. I am not very familiar with procedures in court, guess I've got alot of reading to do, by going Pro Se. Link to comment Share on other sites More sharing options...
DocDon Posted September 28, 2004 Report Share Posted September 28, 2004 You can always file a grievance against the judge. A courtroom is not a private club just for lawyers and judges to stroke egos. You have just as much right to be there as the next person. Sounds to me like the judge has an issue with "civilians" in his courtroom - "if you want to represent yourself, you should know what to do". What would have happened if you didn't show? An extension, or a judgment against??? We put too much faith in judges - we hold them to such high values, when in reality, it's just like any other job - some need to get fired. Link to comment Share on other sites More sharing options...
ynkewmn Posted September 28, 2004 Author Report Share Posted September 28, 2004 I figured I could file some kind of complaint at the very least. I went to the clerk for file records of the case today (third attempt) and the copy of cert. of service is never there. I know it was improperly served as in my state it must be left with someone in the household over 13 yrs. and it was left in my yard. Just waiting until I get my hands on a copy to see if the server perjured himself. Yes, DocDon, I know if I hadn't drug my a$$ to court, default judgement. So, wouldn't I assume then default on the plaintiff and motion to dismiss? Or does the "Good Old Boys Club" receive special services. Link to comment Share on other sites More sharing options...
calawyer Posted September 29, 2004 Report Share Posted September 29, 2004 From your description it is hard to conclude that the Judge did anything wrong. Judges don't normally just dismiss a case unless there is a written motion to do so that is served on the opposing party. What hearing was held? In other words, why did you show up that day in court? Also, what state are you in? Link to comment Share on other sites More sharing options...
ynkewmn Posted September 29, 2004 Author Report Share Posted September 29, 2004 This was my first appearance to file an answer to the complaint in the case. The case was continued and I now have the 28 days to file my answer. Can I then file a motion to dismiss based on the fact of improper service and the plaintiff not present at hearing? I am in IL. Link to comment Share on other sites More sharing options...
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