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Lawyer lives 9 hrs away-do you think they will show?


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Anybody have any input??

I have a court date in front of a district magistrate on nov 2nd and the attorney lives 9 hours away. what are the chances they will show???

Its a very weird situation..I live in PA and this is for an auto defieciency from a repo. There asking for 7000.00 and I'm not sure why they went thru a district magistrate and not file it down at the courthouse. There are no questions for me to answer-- i just have to show up on the court date. I'm thinking about asking for a change of venue because they did not produce any documents and I did not have the opportunity for discovery!

I hope they don't show because it would be a long drive for them. They mailed the complaint in and the DJ sent it certified mail..

Chris

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I've explained how this works before, but it's probably worth repeating for those who don't know.

CA attorneys generally work for dozens of CA's, OC's, hospitals, etc. Accordingly, on any given week, they can have dozens of cases in a single community. They batch their cases by date and location so that on a given day in court, they are prosecuting a number of claims; not just yours.

If you look at the court docket, you'll likely find that attorney's name on it for a dozen or so cases. Possibly for that many different clients.

Your first appearance in court is usually an answer hearing, though in some instances you may have filed a written answer and not need to appear in person (check your rules).

The judge will begin with the first case on the docket "#CV 026 Asset v. Mr. Smith" The plaintiff's attorney will make their presence known and the judge will ask if Mr. Smith is present. (Unless you've filed a written answer, in which case the plaintiff's attorney will notify the judge that an answer has been filed and request a conference or trial date.) If you're answering in person, you acknowledge your presence. The judge will ask you if you wish to deny the allegations or confess judgment.

If you deny the allegations, the judge will let you know you have x number of days to file a written answer. He may or may not set a pre-trial conference date at that time. If you confess judgment, a judgment will be entered and likely the judge will request you stay until after he completes the docket call so you can meet with plaintiff's counsel to make payment arrangements. Usually it's no more than 30 minutes to an hour that you have to wait.

Your answer hearing takes all of about a minute. So, in 15-30 minutes that one CA attorney will have made an appearance for 10-20 claims. 95% of which the defendant doesn't appear for or ever answer, and a default judgment is entered. Of the 5% that do appear, 90% of those will confess judgment.

Afterwards, the attorney will make the hour drive to the next county and repeat the process. Believe it or not, many county courts stagger the days and times for these types of cases to accomodate these "road show" attorneys.

So never consider the distance or the amount of the claim as a hinderance to the plaintiff. They're probably going to be there anyway, and since they count on the default judgment, it doesn't really matter if it's for $100 or $10,000.

This is also why it's a good idea to fight a claim. They don't want to eventually waste an hour appearing at trial for a $500 suit when they could spend that hour getting 10 default judgments. If you put up any kind of a defense, even a frivilous one, the odds are in your favor they will simply dismiss their claim.

The actual procedures will vary by state, but it's generally along these lines.

These "road show" attorneys are usually fresh out of law school and have limited or no trial experience. For the most part they are paid a salary, not a percentage (the firm gets the percentage). They are often only in it for a year or two until they have gained some courtroom experience and can get a real job. Though there are exceptions and those that get a percentage can make some big bucks.

Hope this helps.

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The lawyer for the plaintiff of my suit lives 200 miles away. I also hoped he wouldn't show. Unfortunately he got in touch with a lawyer in my town who showed up. I think it's some sort of outsourcing? This lawyer works for another firm here, but is on call for other firms for this sort of situation.

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The lawyer for the plaintiff of my suit lives 200 miles away. I also hoped he wouldn't show. Unfortunately he got in touch with a lawyer in my town who showed up. I think it's some sort of outsourcing? This lawyer works for another firm here, but is on call for other firms for this sort of situation.

There are all sorts of collection attorney forwarding networks out there. It's never safe to assume that a CA who is in another state or a great distance from you won't sue or won't show up if they do sue.

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Blue eyes- IMO, that is why you "won" your case on SOL grounds. You may have been within SOL, but once the attorney saw that you were going to fight, he moved on to easier targets.

I concede that is possible. In court it may have turned out differently a judge may have ruled it was within SOL.. my only issue was the guys at the AG's office in NC and in PA who told me that it was the date of... as we know CA's LOVE low hanging fruit.. they hate it when people fight back :)

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