DBMCC Posted October 6, 2004 Report Share Posted October 6, 2004 well I had a magistrate's trial yesterday after I was able to get a default removed a couple of months ago. I can't tell where the magistrate is going with his decision I should know within a week...He did say that I should consider law school.... Anywho, the JDB showed no paperwork stating that they were entitled to collect the debt.....what they had was a copy of a letter from one ABC stating they it was sold to XYZ....They actually claim to have bought the debt from XYZ but have no proof. My question is how can a JDB get info regarding my debt from ABC as they have no connection with them and did not but the debt from them. Also the JDB never responded to the interragotories that I sent them. The magistrate did not seem to care about this and still allowed him to produce paperwork that I never had a chance to review.... Link to comment Share on other sites More sharing options...
admin Posted October 6, 2004 Report Share Posted October 6, 2004 Good job! About the documents - did you ask for production of documents? Not sure why the judge can produce those others, but hey, I'm not familiar with a judge magistrate, either. Link to comment Share on other sites More sharing options...
DBMCC Posted October 6, 2004 Author Report Share Posted October 6, 2004 I actually sent interrogatories and stated attach answer to these interrogatories the following....any documents..you intend to offer at trial etc. etc. I cc the courts with an affidavit stating that I mailed a copy to the plaintiff and the magistrate did view the roggs. I commented on how I never received the plaintiff's response and questioned why he is admitting evidence that he was suppose to give me weeks ago. He seemed not to care!!!! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 6, 2004 Report Share Posted October 6, 2004 Sometimes, in lower level courts, judges will want to do " substantial justice" to teh parties and ignore the technical aspects of practice. He might also have decided to take the documents and give them no or little weight in his decision. If he did not admit them into evidence and rules for you, the other side might appeal. So by taking the documents, he takes away that appeal question. It might have been a favor if you see what I mean Link to comment Share on other sites More sharing options...
DBMCC Posted October 13, 2004 Author Report Share Posted October 13, 2004 Well I got the magistrate's decision in the mail.......I lost despite the fact that the plaintiff has NO documents stating that they were entitled to collect the debt. All they had was a letter from one JDB stating that they sold it to another JDB ...not the plaintiff......this really upsets me...and he awarded $226 in damages to the JDB. My question now is do I appeal to a judge or jury???? I need help.......thanks Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 To put it politely, file a complaint against the dipshit magistrate. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 13, 2004 Report Share Posted October 13, 2004 check with your court. If it is small claims, you can get a trial de novo. If it was a regular civil part, you may get a trial de novo or appeal in a higher court. However, I would consider just paying and moving on. Lower court judgments often do not show up as liens on your property. And if they are not placed in a court of record, the CRAs won't know about it. You need to consider this. Also, consider asking a lawyer to handle the appeal. Often the difference between being right and proving yourself right is called " Legal fees." Link to comment Share on other sites More sharing options...
anti-something Posted October 13, 2004 Report Share Posted October 13, 2004 go with a jury, they judge on fairness generally, not technicalities. Link to comment Share on other sites More sharing options...
DBMCC Posted October 13, 2004 Author Report Share Posted October 13, 2004 well I have ten days to appeal...to a judge or jury..and this is on my CR due to the default they won a year ago. I was able to get a default removed and a new trial by another magistrate.... I am just so heated that anyone can say that you owe them money and not have proof.......further I asked for specifics on how the amount being sought was calculated etc.....and was not given anything....how to I go about filing a complaint against the magistrate??? Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 And file a grievance against the magistrate. Don't tolerate incompetence of that caliber. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 13, 2004 Report Share Posted October 13, 2004 Just because you lost does not mean the magistrate violated any judicial conduct rules. Appeals are the place to take up errors in the law or evidence. Seriously think about hiring a lawyer. It sounds like you could use the help. Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 Piss on their procedure. Why have magistrates then? Why not just put everyone in the courtroom and pass out lollypops?We constantly discuss what is considered proof of a debt and this dork made the wrong decision. Period. Why should this moron be protected? He should be out finding a job he has a better grasp of. Rodeo clown may be a better choice.Stop defending stupidity. Stand up and at the very least help try fix this screwed up justice system by reporting faulty judges and lawyers - they F it all up for the good ones.Can you tell what one of my hot-buttons is? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 13, 2004 Report Share Posted October 13, 2004 With all due respect, DocDon, I am sorry you feel that way. Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 With all due respect, me and about a million or so others that see something is really wrong with our judicial system.These people aren't appointed by Jesus. They can and do make mistakes, and it's perfectly o.k. to complain about them if you feel your interests haven't been best served.You may have a hard time with it as an attorney, but as a civilian, I encourage it.There. I feel better now having got that off my chest. Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 how to I go about filing a complaint against the magistrate???They would more than likely fall under a Judicial Tenure Commission. You should be able to get more information from your State Bar Association website. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 13, 2004 Report Share Posted October 13, 2004 If I considered every overruled objection, or every order or judgment against my client's interests as a matter of misconduct, I wouldn't deserve my bar license. If a judge says he believes the CA and not you, that is his prerogative as a fact finder. If he lets in evidence against the clear legal precedent, it may be reversible or appealable. If he makes a decision that is clearly contrary to the evidence adduced at trial, that is reversible. But in and of itself , it is hardly judicial misconduct. We are too quick in our society to criminalize conduct. And we are way too quick at trying to smear someone in authority when things just don't go our way. Me and Dubya need a taller soapbox, but there. Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 That's certainly not what I'm talking about.We advise individuals all the time on what to accept as proper validation of a debt owed. This clearly goes against everything we preach. The magistrate screwed up. That's it. End of story.There are plenty of posts around here about judges and magistrates making decisions on the FDCPA and FCRA when they know nothing about the Acts.It stops being a matter of making an informed decision, and becomes nothing more than megalomania. Stop treating these people like GOD!-------------And yes, I can't wait for the next Pres debate. Link to comment Share on other sites More sharing options...
breathing_easier Posted October 13, 2004 Report Share Posted October 13, 2004 I hear what you're saying, RA, but I also understand DocDon's point of view. The problem with the case at hand is that the magistrate apparently ignored or disregarded the evidence. You're right, the magistrate is supposed to be a fact-finder, and he failed miserably at that task. The FDCPA says you have to be able to prove that you have the right to collect the debt. The JDB did not do that. On this board we seem to support suing CAs and CRAs when we've given them a chance to correct their ways and they don't. However, even if a person has a CA/CRA dead to rights it can still be a crapshoot going into court because you just don't know what type of judge you're going to get. Some follow the law, some don't. Some don't even know what the law is and you have to educate them. Some are annoyed that you are even there because their docket is overflowing and your matter, to them, is trivial. DBMCC, I do hope you will appeal and keep us posted. Out of curiosity, though, was there something in the magistrate's decision that gave a hint as to how he arrived at his decision? Link to comment Share on other sites More sharing options...
DSmithKMA Posted October 13, 2004 Report Share Posted October 13, 2004 With all due respect, me and about a million or so others that see something is really wrong with our judicial system.These people aren't appointed by Jesus. They can and do make mistakes, and it's perfectly o.k. to complain about them if you feel your interests haven't been best served.You may have a hard time with it as an attorney, but as a civilian, I encourage it.There. I feel better now having got that off my chest.I have to agree with you Doc.The judicial system (and to an extent, legislative as well) was created by lawyers for lawyers...kind of an "exclusive" club, made very complex.However, if it was simple, there wouldn't be a need for as many lawyers (except the great ones on this board). Link to comment Share on other sites More sharing options...
breathing_easier Posted October 13, 2004 Report Share Posted October 13, 2004 You may have a hard time with it as an attorney, but as a civilian, I encourage it.Unless they're in the JAG Corps or some such thing, attorneys are civilians, too. Link to comment Share on other sites More sharing options...
DocDon Posted October 13, 2004 Report Share Posted October 13, 2004 Unless they're in the JAG Corps or some such thing, attorneys are civilians, too. That's funny, I have yet to meet one face to face who believes they are equal to us "normies". Link to comment Share on other sites More sharing options...
breathing_easier Posted October 13, 2004 Report Share Posted October 13, 2004 Unless they're in the JAG Corps or some such thing, attorneys are civilians, too. That's funny, I have yet to meet one face to face who believes they are equal to us "normies". You just haven't met the right ones... Link to comment Share on other sites More sharing options...
DBMCC Posted October 14, 2004 Author Report Share Posted October 14, 2004 The magistrate gave no indication as to why he ruled in favor of the plaintiff. And then to award damages they were not even asking for was the icing on the cake.....Any other insight on the pros and cons of jury vs. judge appeal??? thanks fo the input thus far. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 14, 2004 Report Share Posted October 14, 2004 If it's an appeal you get, it will be to a judge only. If it is trial de novo, you can ask for a jury. There is a fee involved. Link to comment Share on other sites More sharing options...
admin Posted October 15, 2004 Report Share Posted October 15, 2004 Piss on their procedure. Why have magistrates then? Why not just put everyone in the courtroom and pass out lollypops?We constantly discuss what is considered proof of a debt and this dork made the wrong decision. Period. Why should this moron be protected? He should be out finding a job he has a better grasp of. Rodeo clown may be a better choice.Stop defending stupidity. Stand up and at the very least help try fix this screwed up justice system by reporting faulty judges and lawyers - they F it all up for the good ones.Hey Doc, I just read this and I apologise for jumping in so late, but hey - no need to name call here, no matter how strongly you feel. People aren't going to listen once you get them on the defensive and I think this was just a tad over the top, how ever well meaning you were. Remember the "No personal attacks" rule here. Link to comment Share on other sites More sharing options...
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