THE SYSTEM!

[ynkewmn]

I don't know if I have a point here, but I need to vent!

I have recently attended two hearings upon my defense, and DH had one just yesterday. Unfortunately, we don't know the system, and are idiots as in litigation. But this is how I see it, at least in the Judicial system in my county.

These are our senario's, and also my sister has personally observed this in the same county;

It is to our observation that before the court cases begin for the day, it appears that the Judge has all the paperwork filled out for each case, so as to speed things up. DH came home from his appearance just yesterday, with his paperwork filled out and marked as judgement; yes,

Defendant present in court, no.(scribbled out), marked;yes.

On the right side of the order states as follows, Judgement to enter; By default, Strike pending dates. On top of this all is a BIG X, so as to void all this information. DH showed up early to court, signed in, and sat through 45 min. of cases, when the ballif notices that he is still sitting there. He approaches DH, and asks him what he is doing there. DH tells him for his court appearance. Minutes go by, Judge calls DH up. While he is standing there, he hands her the summons. Waiting,,, someone had to go downstairs to retrieve his paperwork. Afterwards, the Judge sets another date for DH to file an answer. Assuming that the Plaintiff's attny. is standing next to DH, he takes the paperwork and leaves. When I later reviewed it, the box next to the Plaintiff present in open court is not checked.

OK, I have had similar experience with my appearance and my order, although the Plaintiff present in Open Court; No. BUT, I was also unaware that the Plaintiff's attny. was not present at my hearing.

I did not get my paperwork immediately. I had to wait for it until all the cases were finished, and I reviewed it after I had left the courthouse.

(Shellmis63), My sister, had a similar experience in the same court, but different judge. Her paperwork was filled out as if she had had a judgement, and they just squiggled and X'd everything out.

After observing how many debtors do not show up in court and receive default judgements, I can see how the judge would like to "speed things up", but I feel it is an embarrassment to the public, and civil rights. It is almost a joke, I bet they laugh after court commences, how many defaults they got that day!

I don't know if I have any recourse on this, I just wanted to VENT!

IT TICKS ME OFF!!!!!!!!!!!!!!!

[anti-something]

i dunno what recourse you would have, but it sounds awful, that they are just expecting defaults, but at the same time i see it is a time-saving effort.

number of people likely to get defaults is higher then those that show up.

i would run the scenario past your AG, naca and the aclu

[LadynRed]

I have to agree, its enough to piss you off, and I would be too. However, the fact of the matter is MOST people who have lawsuits filed against them DO NOT show up in court to defend themselves. They either don't know they should, don't know they CAN, don't know their rights or think they HAVE to have a lawyer, and lastly, going to court scares the daylights out of people. That last is one reason they sue so much, these creditors/lawyers KNOW most people are scared to death to step into a courtroom when in many cases they could win if they just put their butts in front of the judge !

The whole thing is a travesty - that so many people in this country don't know their rights and don't know they CAN fight on their own. They don't know the legal system is set up to ALLOW for pro se litigants, that it cuts them a modicum of slack. Granted, I've read that many judges simply don't like pro se litigants in their courtrooms, but they can't stop you.

Your county judges are going on experience and pre-filling their forms based on the stats - most of the time these cases end in default judgments.