jenawade

Know your stuff at court appearance

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We learned the hard way that the person going in front of the judge has to fully understand what's in anything submitted to the court. I'm the one that has spent all the time on this site and put all the documents together for hubby. Today was his pre-trial and the judge asked him to explain what all was in the motion to strike the affidavit. When hubby said he didn't know, his wife put it together for him, the judge said: then the motion is denied.

In hindsight I should have sat him down and went over everything, but now, let anyone else in a similar situation learn from our mistake. Know your stuff before you appear in front of the judge!

Now we start our discovery period. Oh joy. The lawyer gave hubby a statement today. Of course, its something anyone could have typed up on a computer and printed, but I think this is a sign that with 60 more days to dig up info, he may obtain an account history or something from the OC.

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Weird, at my court appearence for a motion to compel discovery, the judge asked me nothing and appeared ready to make a decision after reading the motion (I assume prior to the court going into session). Not sure how many cases were in front of the judge in your husbands case, there were only a few on the day when I was in court.

On one hand I do think it would have been prudent for your husband to have been able to explain what you had done for him to the judge. But who knows, perhaps your husband is a busy man, I assume he might be as you had to do the work for him. Personally, even though I am trying to do all I can do to be prepared for the courtroom and I think I am if my case is ever taken that far, I think people in our position should be given a bit of slack, some may disagree but I simply do. Many do not have the money to afford a lawyer and are making their best effort to fight the JDB's,who are hardly respectable and routinely fail to satisfy the court themselves, on their own and this should be taken into account by the courts and judges. I don't see why the judge could not have simply read the motion in your case, and assuming it was written properly, seen clearly what your husband was moving for, it seems like he was trying to put the screws to him, again assuming the motion was written correctly and it was clear what its purpose was.

I mean it is one thing if you are one of these enterprising chaps who sue the JDB's for federal consumer law violations, in that case YOU are bringing the suit and engaging another party and you should in doing so really know your stuff. But those of us who are sued by the JDB's certainly are not entering the process by our free will and some slack should be given, especially in matters of minor procedural errors.

On the good side I guess it is good that your husband knows now that he will need to take some care in knowing how to proceed with what you provide him. The best of luck to you both.

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Are they allowed to do that? That is so so so very very very lame! Ninety nine point nine percent of the time these jerks bring suits with no evidence and no legitimate proof, then they send rental attorneys who don't know JACK about these cases and I've never seen their motions denied based upon an ignorant rental attorney. The judge has it in for you guys.

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rikkivis is right. During my hearing I asked the JDB's attorney's rent-a-lawyer that was sent what exactly the delay was in anwsering the discovery and for a good faith anwser on the issue of if the extra time given would actually result in responses or not. The lawyer said that he had not reviewed or seen the discovery questions. I didn't really think about it until later, but then I was like WTF, how can they send people in there like that to respond in that manner. In retrospect, I would have liked the judge to question why the lawyer sent to appear for them was not more in tune with things.

I suppose they "get used" to this kind of stuff from all of these JDB suits.

I have also read of many instances of the lawyers in some of these cases knowing little to nothing about the JDB's case. In the defense of some of the courts and judges, the judges have had little patience with this stuff on some occasions. I also witnessed a lawyer for LNNV get a motion for summary judgment shot down when she could provide no proof to back it.

But in that case and in the others I have read the judge read, and appeared to have already read over, the motion before the court docket. Did the lawyer for the JDB ask the judge to clairify anything in the motion?

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Guest usctrojanalum
Are they allowed to do that? That is so so so very very very lame!

Can the judge ask someone to explain their motion? Of course.

Then does the judge have a right to deny the motion when the defendant admits on the record the person who prepared the motion was practicing law without a license? Absolutely.

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Guest usctrojanalum

Meh, even a rental attorney can read over a motion in 15 minutes and explain have somewhat of a gist of what the party they are representing is trying to do.

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We learned the hard way that the person going in front of the judge has to fully understand what's in anything submitted to the court. I'm the one that has spent all the time on this site and put all the documents together for hubby. Today was his pre-trial and the judge asked him to explain what all was in the motion to strike the affidavit. When hubby said he didn't know, his wife put it together for him, the judge said: then the motion is denied.

i agree. this happened to me.

this was during my motion to compel, during the summer of 2010. the judge asked me about my motion and i had to explain what i needed and why. the motion was granted.

i agree 100%. you must know what you are writing, and you must be able to explain it in your own words. you should be able to close your eyes and recite the merits of your motion, or the basics of what your motion (or opposition) is about.

as a pro se, i couldnt agree with OP more. judges can sometime smell it if you haven't written your pleading and they'll ask you about it.

sometimes if it looks well written, and you're pro se, they'll ask you questions about what you wrote, or they'll just engage in "argument" with you to determine whether you really know what it is that you apparently wrote.

so yeah i agree. before you go to court understand everything that you've filed.

sorry OP. get em next time after discovery.

i would say whoever is going to appear in court, let THEM write their own pleading. its the only way they'll understand. its easier to understand when you're doing the writing, versus trying to memorize a brief.

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I think people in our position should be given a bit of slack, some may disagree but I simply do.

I agree with you.

In my court they will not even answer a simple question.... claiming it would be giving legal help.

I am sorry what happened to OP's husband in court, but in truth he should have

been able to give a semblance of an answer.

When I presented a Motion to Compel Private Arb., the Plaintiff did not come to object. But the judge had me explain what my motion was before even looking it over.

I am certain if I could not have done that she would not have granted it.

But from my observation, and limited experience doing this.... they.... the courts really do not like Pro Se's.... at all. Maybe it is because they feel we are trampling on the toes of the real attorneys, or maybe it is because they feel we are trying to wiggle out of a legitimate debt.

What ever their reason, it is a real shame we have to go down a narrow path

of lawyer games and try to anticipate and defend what we expect the opposition to do.

The courts do not want you to just get up in front of them and explain how it came that you were sued. They don't want to hear that you lost your job or your business and when you asked for help you were basically told tough @@@@, and then were sued. They don't want to hear that even though the OC, and JDBs will offer a settlement, that when you signed up with a management/settlement company.... like, um C#re #ne... just for an example,

that the OC or JDB sued you anyway even when you were under a plan.

They only care that you follow a specified list of words and phrases to see if

you are able to hold your own against one of their legal brotherhood, albeit they may be a scumbag.... and God forbid, you make a misstep or a misstatement.

Because I was told by my judge I needed to initiate my Arbitration I filled out the form, and did a cover letter, and a certificate of service for this.

I made a copy for the OC, and a copy for the OCs Atty. Both having their

own certificates of service attached as the last page.

I gave a copy to the judge's secretary and went to file a copy. No problem.

But I asked then if they would stamp the copies I was sending to the OC and their Atty.

They wouldn't BECAUSE, even though all 3 had the very same pages as the body, They cover letters were different and the certificates of service were different, and I did not bring additional copies of the one to the OC and their ATTY to file.

So I said it didn't matter. But it was not even the cover letter differences that bothered them, it was that the last page on each was a different certificate of service. Everyone was getting the same 3 so they were aware that the others were served. Because they were in a different order was their reason. I said I was under the impression that each one was to have their relative certificate attached last. The comment to me was I SHOULD KNOW THAT.... and I said well, I know that to be the way for these and they would not stamp them. ( But my question is how are we to know this...

they give no legal advice, and if it weren't for this board, and the other one, likely no one would be able to help themselves.)

so.... the OPs words of caution very much need to be heeded. Know what and why you are presenting in court and know what and why you are filing.

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