Sanctions or Other Actions for Attorney who Continously Sends WRONG PAPERWORK.

[SilenceMakesMeSick]

I had a general question about whether or not a party representing pro se can motion for sanctions or have some other type of disciplinary action taken on an opposing attorney for utter incompetence.

I do not want to give away details...but I'm currently defending myself pro se in a case on an alleged Credit Card debt with a junk debt buyer. The Plaintiff's attorney and or their legal a$$i$tant are total idiots. I guess there's no surprise there..but the magnitude of the stupidity is shocking the more the case drags on.

I first noticed it on some paperwork toward the beginning of the case...they had the wrong case number listed on the caption of one document. I didn't think anything of it. Everything else was correct and we all make minor mistakes. (Although one would think a law office would be pretty versed in crossing their t's and dotting their I's.) I figured pointing it out to the judge or anyone else was a waste of time as it would be considered a minor clerical error.

Since then they've continually screwed up. They've cited Rules of evidence that don't even exist, they can't keep the alleged balance straight (minor differences) and I recently received the best mistake yet in the mail.

I sent my Discovery Requests for Admissions and Request for Production of Documents. Last week I received their response. The only problem was...it was for the wrong case entirely. The cover sheet for the court clerk matched the case..as did the last page which was the Proof of mailing. The problem was these two papers sandwiched the Plaintiff's response for an entirely different case. Complete with an entire caption to the wrong case. The caption listing the names of the defendant and plaintiff are wrong, the case number is wrong, in fact...it's even for a case in a completely different court not even in this county.

The responses don't even go with my requests..so it's not like some idiot forgot to change the caption in their word processor template. Instead it looks like some idiot stapled a cover sheet and proof of mailing info onto a response for another case in another court.

Why the hell would I pay these idiots one red cent w/o a fight if they can't even handle this stuff properly.

They continue to make mistakes and I'm not sure whether they are just total idiots or it's some sort of stall tactic. They still haven't responded to my Discovery requests as this response doesn't even apply to my case. With that in mind I had a few questions.

1. What kind of action can I take about this?

There should be some sort o fpenalty for an attorney and their ARSistant who make mistakes like this. I check my paperwork over for the most basic of errors and I don't do this crap "professionally". I have some other guy/gals legal paperwork and I suspect they have mine. Are sanctions applicable here? Can I complain to someone? Could that be used as leverage in a polite dimsmissal with prejudice request?

2. How should I handle this screw up with the court? I'd really like to point out this latest screw up to the judge. Would writing a letter to the plaintiff pointing out their mistake(s) and filing a copy of it with the court be allowed or a good idea? I'm guessing they may have filed the "real" paprwork with the clerk and they are pulling this on purpose...but of course I have no proof.

3. Can someone else with more experience tell me if this is common? Maybe this is a clever stall tactic to waste more time or to inconvenience me? My guess is I'll have to drive up to the courthouse 30 or 40 minutes away to get the "real" responses they actually filed.

Thanks.

[Guest usctrojanalum]

1. What kind of action can I take about this?

None to be honest. Mistakes happen thats why there are erasers on pencils.

2. How should I handle this screw up with the court? I'd really like to point out this latest screw up to the judge. Would writing a letter to the plaintiff pointing out their mistake(s) and filing a copy of it with the court be allowed or a good idea? I'm guessing they may have filed the "real" paprwork with the clerk and they are pulling this on purpose...but of course I have no proof.

No, discovery does not get filed with court. Why in the world would they want all this extra paper that they are not going to read? lol. Discovery is between the parties and the only time it will be filed in a court is an exhibit in a motion as supporting evidence.

3. Can someone else with more experience tell me if this is common? Maybe this is a clever stall tactic to waste more time or to inconvenience me? My guess is I'll have to drive up to the courthouse 30 or 40 minutes away to get the "real" responses they actually filed.

Return the documents to the attorney with a letter stating you want the appropriate discovery.

[Flyingifr]

Or you could simply hold on to these documents and insist at trial that the attorney stick to the case outlined in the Discovery.....

[SilenceMakesMeSick]

Or you could simply hold on to these documents and insist at trial that the attorney stick to the case outlined in the Discovery.....

Well this is sort of along the lines I was thinking. Or using this mistake any other way possible to my benefit. (Lord knows the Plaintiff would jump all over any paperwork mistake I made).

My concern is they filed the correct response and reply with the court but sent me this crap as a "mistake". I'm guessing I should call or go to the court and ask what's been filed.

The first reply to my post states that Discovery doesn't get filed with the court. I believe that's true in some courts and jurisdictions...but I'm not sure that is true in this case. Especially since the Plaintiff's Discovery requests to me and these responses to someone else's requests include the copy of the cover sheet addressed to the court and clerk asking the clerk to file/handle in customary manner.

This is my first go..but I believe I read in the rules of civil procedure that you don't HAVE to file discovery with this court...unless you plan to admit anything from Discovery as evidence. Something to that effect. I filed my response to their requests and my requests to the plaintiff with the court...hopefully that wasn't "wrong". The clerk and staff are little help as well. I get a different answer each time I go. One guy insists that EVERYTHING I submit has a "judge's copy" and the other lady I deal with says I only need a judge's copy for Motions. Gives me a headache. I just hand them a judge's copy of everything now and let them figure it out.

If I see they did indeed file the same wrong reply to requests for admissions and POD that they mailed me with the court should I not say anything and let it go?

If they didn't file anything with the court or if they filed the correct response that goes with our case should I then write a letter to the plaintiff demanding the correct paperwork?

Thanks for all the great help so far.

[colormeruby]

I also have pleadings full of cut-n-paste errors and misprints, and un-enumerated responses to my pleadings. And no offense to usctrojan, but in GA discovery does get filed with the court, ALL OF IT. Because, unless you request an oral hearing, all motions are decided in chambers without parties, and most likely decided by a court clerk and not a judge at all. Also, how are you to properly defend yourself when the CA cant get his $*^& together enough to send the proper paperwork or to properly amend them. They are confusing the matter for the pro se defendant, making it difficult to impossible to defend themselves and this in itself is a violation.

In my case,they responded with amended replies that were even more erroneous than the original errors, and ALL OF THIS, confuses the matter and is inexcusable negligence and habitual non-compliance. If they have endorsed it, and they should have, they were attesting to the pleading being factual, when it was in fact not. They FAILED TO READ THE PLEADING BEFORE ENDORSING THE CONTENTS and ARE held liable to actions by their paralegals according to the BAR laws. Also, pleadings should be ORIGINAL documents created for your case according to your pleading. Cutting and pasting or just changing #'s to match yours is insufficient.

Do some more research on your own state's laws and you surely will find, things like "furnishing deceptive forms" "endorsement" "failure to amend"

Good luck and keep us posted.

[SilenceMakesMeSick]

If they have endorsed it, and they should have, they were attesting to the pleading being factual, when it was in fact not. They FAILED TO READ THE PLEADING BEFORE ENDORSING THE CONTENTS and ARE held liable to actions by their paralegals according to the BAR laws.

This is what I was thinking because they continually threaten me with the whole "by signing a pleading a party is declaring that the document is true to the best of their belief and knowledge, well grounded in existing case law etc" rule here in MI.

The attorney did sign the response...but my guess is they would dodge any reprimand from the court if I asked for sanctions or for costs. The attorney signed the pleading which appeared to be correctly formatted for a totally different case with a different judge, in a different court. I suspect the idiot legal a$$istant simply attached the wrong cover sheet and proof of mailing sheet. Those both correctly refer to my case, they were just attached to the wrong Discovery response. Since it was the legal ARSistant who signed the proof of mailing I don't think I would have an argument that the attorney signed the pleading in bad faith etc.

I'm not convinced this is a "mistake" as much as it is a tactic to stall and further cost me time and money. By now the plaintiff knows I'll be sending everything CMRRR...which costs at least 7-10 bucks every time. Not to mention the time to type up whatever I'm sending.

Although I was considering simply writing a letter to the plaintiff explaining I'd like the actual documents I requested, I'm now wondering if I should instead type up, serve, and file an official "reply to their Discovery Answer". This would look much better than simply writing a letter wouldn't it? I'd like to have something on file with the court because I'm sure otherwise they'll just lie and say they sent the right paperwork.

In MI I believe they have 28 days to respond to Discovery requests. They've eaten up most of that and in my opinion they have not responded to MY discovery requests. I was thinking of waiting a little longer..close to the deadline and then file my reply..along with giving them 5-7 days to get me their real responses?

[Dr. Evil]

Or you could simply hold on to these documents and insist at trial that the attorney stick to the case outlined in the Discovery.....

Flying, careful you could lose your fake law license. If the debtor uses your method, he can see the real items requested for the first time as exhibits in a motion for summary judgment against him thus defeating the purpose of requesting discovery.

OP: Don't play games, I'm sure your pleadings contain an error or two. Send it back and request the correct items.

Oh and discovery is not considered a pleading.

Edited September 22, 2010 by Dr. Evil

[SilenceMakesMeSick]

Don't play games, I'm sure your pleadings contain an error or two. Send it back and request the correct items.

Very true...but I don't do this for a living! I can't believe a "professional" and their staff can't keep the alleged balance straight, doesn't check for proper case numbers and information in the caption on documents, cites case law that doesn't exist, and also files documents for a case in the completely incorrect court. A different court in a completely different district....but at least they got the State right.

Typos and transposing letters are one thing...but yikes!

Oh and discovery is not considered a pleading.

It would appear after looking at the MI rules of Civil procedure that this is correct. From what I read the following are considered "pleadings"?

(1)a complaint,

(2) a cross-claim,

(3) a counterclaim,

(4) a third-party complaint,

(5) an answer to a complaint, cross-claim, counterclaim, or third-party complaint, and

(6) a reply to an answer.

I guess I was a little confused because I incorrectly read number 6 as "reply or answer" way back when I read through the RCP. I now see that it referring to a reply to an answer to a complaint. I was further confused because the plaintiff has also referred to motions as being a form of pleading in the past.

[Dr. Evil]

The trick is to use the other side's incompetence in an appropriate timely, and in my opinion subtle way. Too often pro se'rs get overconfident after a strong dose of message board bolstering and their overzealousness distracts the court from the issues before it.

[colormeruby]

@ DR. EVIL

So what happens when you inform them of the error, then they send a bigger error, then fail to correct that error or the first one, clearly showing a habit of error even when they have been spelled out by the defendant??? whether or not it is a "pleading" when the lawyer puts his John hancock on that paper at the end of "whatever" he is saying HE READ IT, AND THAT IT'S contents are TRUE. And when he endorses multiple errors, prima facie, none, not ONE of them is resolved, what is your course of action then?

[SilenceMakesMeSick]

The trick is to use the other side's incompetence in an appropriate timely, and in my opinion subtle way.

That's pretty much what I'm trying to do. Although I was curious if there was any course of action for continued significant mistakes by the Plaintiff's attorney later on down the road if need be. Lord knows I've made some small and, not so small, mistakes already. And believe me the plaintiff jumps at any opportunity to threaten, intimidate, and otherwise use it as leverage. I was just curious if I could do the same later on if need be.

My biggest issue is if these guys can't even get case numbers, balances, or even the right DISTRICT COURT how am I supposed to believe anything else they say or provide to me.

Too often pro se'rs get overconfident after a strong dose of message board bolstering and their overzealousness distracts the court from the issues before it.

I understand..but I'm as far away from overconfident as it gets. I'm not convinced I'll win and I'm totally convinced I don't know wtf I'm doing...but I can't afford an attorney so it is what it is. I recognize this board for the valuable resource it provides..but in the end it's just a bunch of inexperienced...and a few experienced, people sharing their thoughts.

[Dr. Evil]

I think your play here is to send them a letter pointing out their mistake and advising you will return the incorrect materials providing they serve the correct materials and a postage paid envelope. You can copy the court with your letter so they are aware of the issue. To me it strikes of carelessness and incompetence, not maliciousness.

If they don't send the discovery materials, you make your motion to compel compliance. Ask for an order directing compliance by a certain day and if they fail to meet that deadline, dismissal of the case.