Jump to content

Abuse by creditor and misleading court translator


Recommended Posts

Houston Texas court location: Precint 1 Place 1. Judge Gorzynski

In court prior to see the judge a fill-in blanks contract was presented to my Mother of 61 yrs of age. Then the following took place.......

My mother does not speak English well. She cannot read or understand documents written in English. My mom asked the translator, "Am I going to owe anything? Because if I am, I cannot afford to pay it. I am on a fixed income and barely have enough for my bills". The translator that was offered by the court simply told her, ' Sign this and you will simply not be able to get anything on credit anymore." when my mom asked her about the numbers on the document the translator simply replied" Oh that is just telling you the rate that you had when you had this credit card account." She was not explained that she was signing an agreement to pay off these amounts and that these amounts would be added with interest. She was not told in any matter that she was signing a basic contract for payment arrangements. The translator mislead my mom to the benefit and advantage of the plaintiff. She was told, Either you pay now or just sign this document and you can no longer buy anything on credit". She was not in any way, shape, or form told that by signing this contract, she would agree to the payment terms listed on the contract. She was lead to believe that her punishment would be that she would not be able to purchase items on credit anymore. She was not told about having to pay any legal attorney fees for the plaintiff and additional interest to that fee. This situation is very serious. Either the court translator was bias in her translation duty(which is unacceptable in the eye of the law) or she is simply incompetent. I am asking if this matter can be looked into as far as appealing this final judgment and this employee be fired if she is incompetent. She has a very delicate and serious obligation to service individuals who are unable to understand the courts verbal and written language. I personally don’t think this contract is a difficult contract to translate.Mathematics is a universal language. The amounts listed on the contract are extremely unreasonable and appalling. The originall debt amount was $ 1,000. the contract states amount owed is 1,965.00 and would be paid at 5 percent interest starting from 2006. and fees paid to attorney of plaintiff in amount of $400.00 plus interest rate of 6 percent. I remember a prior court dates with this creditor that my mom showed up to court and the plaintiff did not show up. the court was reset to this recent incident time of May 14, 2009. TO CLARIFY A BIT MORE....my mom came home and told me well i guess my credit is completely ruined now. When I translated the document I told her what it was. and thats when she said that's not what they told me. I her son was not there in the courtroom when this signing took place.

if any lawyer can help or give some advice would greatly be appreciated.

Link to comment
Share on other sites

That is a rather detailed description... If you were there, why didn't you stop this?

Unfortunately, if she signed this in front of a court representative and no one stepped in to correct the problem with how it was explained, she is stuck. She signed a confession of judgment and that is pretty much that.

To tell the truth I doubt this was the court translator... more likely it was an associate attorney for the plaintiff. Translators have to read word-for-word what is on the paper, not paraphrase or subjectify it.

Link to comment
Share on other sites

I don't know if it's the same translator, but I went to that court a couple months ago and saw this rude translator lady who acted like she owned the place. She unnecessarily harassed some of the Spanish speaking people in the courtroom. When her services were needed, her translation was a little off, even a little biased in favor of the plaintiff.

I was so tempted to interrupt her and let the judge know what the translator was doing. Gorzynski seems like a nice man. He is an attorney (unlike most Texas JP judges who only have minimum working knowledge of the law) and has been on that bench for twenty some years.

The courtroom was packed. Hundreds of cases were docketed. Many of them were rubber stamped as default judgments, and many people showed up and talked to the judge when they were called.

I am not an attorney, but I think you should contact a consumer attorney in her area from naca.net. Your mother should have received an agreement in a language she could understand. Otherwise, the contract can be voided, but you still need an attorney to help make the case.

Link to comment
Share on other sites

I don't know if it's the same translator, but I went to that court a couple months ago and saw this rude translator lady who acted like she owned the place. She unnecessarily harassed some of the Spanish speaking people in the courtroom. When her services were needed, her translation was a little off, even a little biased in favor of the plaintiff.

I was so tempted to interrupt her and let the judge know what the translator was doing. Gorzynski seems like a nice man. He is an attorney (unlike most Texas JP judges who only have minimum working knowledge of the law) and has been on that bench for twenty some years.

The courtroom was packed. Hundreds of cases were docketed. Many of them were rubber stamped as default judgments, and many people showed up and talked to the judge when they were called.

I am not an attorney, but I think you should contact a consumer attorney in her area from naca.net. Your mother should have received an agreement in a language she could understand. Otherwise, the contract can be voided, but you still need an attorney to help make the case.

well I sent an email with these details to Mr Tom Vu who is the chief secretary and was suprised that he called me that same day and said the translator was not in that day but he would look into the situation the following monday. He said he would take this complaint serious. He is of asian decent and i noticed he had a hard accent himself. so i hope he understands what it is to be in a situation where you rely on someone else to translate for you. I respect him for responding to me so fast. I'll keep everyone here posted as in to what happens with this case. thank you for your thoughts and advice

P.S my mom described the lady over 50 years old with short hair. if this seems like the same lady would you be willing to email Mr. Vu explaining what you saw when you went to court? I'm starting to think this lady's position is getting out of hand.

Link to comment
Share on other sites

That is a rather detailed description... If you were there, why didn't you stop this?

Unfortunately, if she signed this in front of a court representative and no one stepped in to correct the problem with how it was explained, she is stuck. She signed a confession of judgment and that is pretty much that.

To tell the truth I doubt this was the court translator... more likely it was an associate attorney for the plaintiff. Translators have to read word-for-word what is on the paper, not paraphrase or subjectify it.

Yes you are right why didnt I stop this. Well unfortunatly the exact time she had to be in court I had a job interview. So I was not available. Who ever thinks that a court employee with a civic duty would go this far?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.