Ronin

Court appearance by phone

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A collector suing me requested the court to appear by phone. Is there a way to contest that so I have the chance to face them in person? I dont know how to argue my case when the other person is on the phone. seems like a cheap way out.

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Gotta be a motion or something you can file. Phoning it in is a cop out, how can they show documents..

Your honor, could you please find exibit a please?? that'll go over well.

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Original post by: Ronin

A collector suing me requested the court to appear by phone. Is there a way to contest that so I have the chance to face them in person? I dont know how to argue my case when the other person is on the phone. seems like a cheap way out.

I had this same problem. Read this:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=266205

I've since been to court with the CA appearing telephonically. It really doesn't matter. The CA still has to prove it's case. Focus on your defenses.

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I had a recent case in which I arrived 5 minutes late and there was an attorney present for the other party, and the judge was on the phone with the attorney of record.

Surprisingly enough, the one doing all the talking with the judge was the one on the phone, while the other attorney just stood there quietly.

The only thing I didn't like is that the judge didn't put the call on the speakerphone, so there could have been an ex-parte communication, or the other attorney may have introduced claims I was unaware of. The judge summarized what he heard, but I know that attorney talks a lot and too fast, so I didn't get the whole story.

Like Lecasbas said, focus on your defenses. If anything, being there in person can work to your advantage.

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You and the judge can make faces at each other that the other side can't see. That can work in your favor, so long as you are respectful to both the court and the opposing attorney. Respectful does not mean that if you think the other side is lying it should not register on your face. Respectful does not mean that if you think the other side is advancing an improper claim it should not register on your face. Respectful does not mean that if you think the other side is otherwise out of line it should not register on your face.

Just don't overdo it.

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Original post by: cjtx

The only thing I didn't like is that the judge didn't put the call on the speakerphone, so there could have been an ex-parte communication, or the other attorney may have introduced claims I was unaware of. The judge summarized what he heard, but I know that attorney talks a lot and too fast, so I didn't get the whole story.

Sounds like good appeal material if you don't eventually get the verdict you want. The question may be if you made an objection that is of record. If the judge said the call was from his wife to bring home doggie bits for Lassie then I doubt if the other two lawyers-for-the-CA witnesses would come to your aid.

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:BigDance:I WON MY COURT CASE AGAINST AIS/HOUSEHOLD! 8-)8-)8-)8-)

Now thw concern that I have is that I could not find information about court procedure. I was very apprehensive about what would take place in court. For those of you who have yet to experience DEbtor's Court, I will try to paint the picture as to what I experienced on My Court Date:confused:

:arrow:First, I had to pay to park, I didn;t have any cash, the girl parking the cars was gracious enough to let me park then run to the ATM and come back and pay her.

:arrow:Next, I proceeded to the Courthouse, you must go through the metal dector remember to take all the contraband off your person, because they will throw it away. (fingernail files, nail clippers, mace spray on key chains, ect)

:arrow:If you don't know where your court is, go early and ask the clerk.

:arrow: Go into the court and take a seat.

:arrow:turn off your CELL PHONE!

:arrow: Now, about your appearance, present yourself as though you know what you are doing, The right APPEARANCE EXHIBITS CONFIDENCE.

:arrow:gather all of your paper work together the nioght before

:)++:)++:)++

This is what I saw, as I walked in, the people were swarming to make arrangements with the lawyer. They were going to him. After he finished with them, he came to me. I told him my name, and he politely said that WE ARE DISMISSING OUR CLAIM AGAINST YOU. I asked about a copy, he said that I would have wait on the clerk. So, I sat down. The judge comes in and we stand in honor of the court. The judge then starts the proceedings. The judge ask this lawyer how did they come up with the amounts that they came up with. I could tell that they were cheating the people. I heard some debts that were SOL, but for lack of knowledge, the people settled. Then the judge begin to intimidate the people. If they disagreed with the amount, he would ask them what they thought they owed. They would actually say a figure. I was in my seat saying don't do it. or no, no, no. All before me agreed to settle. Then, he came to my name. I stood in confidence, from the information that was shared with me and the fact that I had asked God to be with me and turn the heart of the people in my favor. So, he called my name and the attroney said that it was dismissed, then the judge said with or without prejudice, he said without prejudice, with no chance for further suits. Cost on the planitiffs. I FELT AT THAT POINT THAT THE WIEGHT OF THE WORLD WAS LIFTED FROM MY SHOULDERS. 8]8]8]8]

IT FELT GOOOOOOOOOOOOOOOOD, REAL GOOOOOOOOOOOOOOOD.

I HAVE TO PINCH MYSELF TO MAKE SURE THAT I AM NOT DREAMING. I HOPE THAT THIS GIVES THOSE THAT ARE JUST STARTING OUT, HOPE TO FOLLOW THROUGH, IT IS WELL WORTH IT. MY CREDIT SITUATUION IS TURNING AROUND. READ THE WHO'S GIVING ME CREDIT TO FIND OUT WHO IS GRANTING ME CREDIT.

IT FEELS GOOD!:BigDance::BigDance:IT FEELS GOOD:BigDance::BigDance:

elgin2007

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If it is just a conference, or even a motion, that is ok. But if I wre you I'd want to be sitting with teh judge and ask the court to put it on speaker, and if the court will have a steno present for calls

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without prejudice means they can sue you again. WITH prejudice is what you want. That kills it for good.

But likely, they will leave you alone now. Congrats!

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I don't know which one the judge say, but after he said it he said that I could not be sued again. So, I may have gotten it wrong. I will get a copy of the order tomorrow. :?::?::?::?:

elgin2007

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thank you soooo much for posting that info. that is one of my questions. i don't see the outcomes of peoples court hearings - just the questions before hand.

i think there should be a thread about peoples experience in the court room

thanks again! congratulations!

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my husband is fighting a judgement as well and the lawyer for jdb submitted or sumons for summery judgement on the 10th of march by phone and of course he showed up on time other side never called in. now it shows on court doc as heard. he has a trial on the 26th we are hoping for no show or if by phone for no call. we had filed motion for discovery, never got that we also filed motion to compell discovery,and motion to dismiss for failure of discovery. i will post outcome wish us luck!

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without prejudice means they can sue you again. WITH prejudice is what you want. That kills it for good.

But likely, they will leave you alone now. Congrats!

I respectfully disagree.

We are on our 3rd suit with a case that has been dismissed w/o prej by the Plaintiff 2 times---the morning of the hearing.

Be very careful with thinking things are over with a dismissal w/o prej.

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