Jump to content

Tools of the Trade in the Field of Battle


Recommended Posts

Tools of the Trade

So you’ve decided to become a warrior on the field of battle against the armies of darkness? Its time to suit up and get your gear together, put your game face on and prepare for a battle that is less about direct confrontation and more about strategy and patience.

It is not unlike a game of chess, and can be a lot like getting into a staring contest with your cat to see who will blink first. You blink, you die.

You must anticipate your opponents moves. DON’T wait for a summons to start getting ready. Start preparing yourself the moment you realize you may be at risk.

I Would suggest the following items:

1) A 2 drawer file cabinet or one of those cardboard file drawers to keep your papers

2) File folders

3) A stapler and staples, keep your certified cards together with mailings.

4) Envelopes

5) Pick up a stack of certified mailing cards and slips at the Post Office

6) A Digital recorder for your phone

7) A clipboard to keep your phone log on

8) A Digital Camera that you can use to take pictures of your phone screen

9) Access to a fax machine or service

10) Access to a computer and printer

11) A thumb drive to put files on if you are using a public computer.

12) Several 3 ring binders and dividers

13) One Binder for your State Civil Rules, (learn to love them)

14) One Binder for your State Rules of Evidence

15) One Binder with everything you may use in Court divided by topic. I had my binder organized with all documents from day one, with anticipated actions by the Plaintiff and my responses and a section on case law, and one with motions written up in advance with citations to keep me on task.

16) A journal to record how the collection calls have affected your ability to sleep, concentrate, and work. How it has affected your personal life and relationships. How it impacts your health. Feelings of loss, hopelessness, depression, thoughts of suicide. You journal for yourself but it can serve as a record for a potential claim of damages in addition to anything else claimed.

17) Lawyers Civil Practice Manual for your jurisdiction. This is a book attorneys use. It has all the forms you need for pleadings, defenses and motions. In addition, it cites the lead cases for the type of motion you are doing, e.g. using SOL as an affirmative defense. It is essential to cite controlling cases in your motions.

18) "Bench Books" available as free PDF documents for District and Circuit Courts. A Benchbook is, basically it's sort of a handy guide, or set of instructions for judges to follow. They may contain anything from an overview of the most common issues you'd encounter in civil proceedings, right down to specifically outlining how and/why a judge should rule a certain way in a given situation

As a sidenote IF you are experiencing thoughts of suicide You MUST seek out help. You don’t have to deal with that alone. There is nothing worth taking your own life for so DO NOT pick a permanent solution to a temporary problem.

As Amended and thanks for the suggestions of 17 and 18 as listed below

ANY OTHER SUGGESTIONS?

Edited by antiquedave
Link to comment
Share on other sites

  • 4 weeks later...

How about some green solutions? I mean why kill a tree if you don't have to? I no longer keep file copies. Once I file a pleading an notice the other side I don't need a hardcopy. I therefore need fewer 3 ring binders and I have saved a sequoia. If I need a copy of something I have the original work product to modify and re-use. What in the world do I need a hardcopy for?

Link to comment
Share on other sites

The OP didn't claim that his strategy was "green".

I think it's a helpful post that could help the majority of people here fix their credit.

If it makes you feel better, you could include the reckless endangerment of sequoias in your counter-claim.

Link to comment
Share on other sites

The OP didn't claim that his strategy was "green".

I think it's a helpful post that could help the majority of people here fix their credit.

If it makes you feel better, you could include the reckless endangerment of sequoias in your counter-claim.

========================================================

Can you help me understand just how the so called majority of people would fix their credit based on his post?

As I read his posting in pertained to litigation. Please bridge the gap for me between collection litigation and this credit fix.

Link to comment
Share on other sites

I don't see a huge gap between collection litigation and fixing/repairing ones credit. One could easily lead to the other.

I initially came to creditinfocenter.com to repair my credit score.

Now I am reading his post because I am awaiting a summons as I type.

Regardless, I liked his post. It seemed like helpful content.

Yours just seemed condescending.

Link to comment
Share on other sites

How about some green solutions? I mean why kill a tree if you don't have to? I no longer keep file copies. Once I file a pleading an notice the other side I don't need a hardcopy. I therefore need fewer 3 ring binders and I have saved a sequoia. If I need a copy of something I have the original work product to modify and re-use. What in the world do I need a hardcopy for?

I take my 3 ring binder to court with me, the judge was flipping through my papers as he talked and if he has a question I have it all in front of me. It also has sections where I put bulleted lists and tried to chart the oppositions objections and potential reposnses and citations of case law or rules.

I also had my State Civil Rules in another binder

I thought about taking my laptop in with me and being able to hit the internet or my website for additional information if I needed it

I'm all for saving trees, but this whole process is not very green

Link to comment
Share on other sites

I like your list a lot. I may steal it.

Also, being able to take a binder to court and show the judge highlighted sections of case law or state statutes is invaluable. I believe in being green as well, but you can always recycle.

Link to comment
Share on other sites

I've been before Nancy and Tyler in the last 6 months. Before that I appealed a loss before BilyBobbi. In each instance I was told my 65 or my 72 page pleading was not in the court file.

The California AOC has greater than $97M set aside for capital improvements earmarked strictly for information systems. It is their stated goal to be paperless within 2 years.

I was at 450 Golden Gate last month. The court clerks office is very clear about pushing for everything that can be filed and handled electronically be done so. I realize the United States District Court-Northern District of California is in the Ninth Circuit but still rules are rules. If they are saying paperless in the Northern District, pretty sure they are saying the same in the Southern District as well as every other federal court.

Going green isn't my idea or my preference, it the reality at least in California state and federal courts.

Link to comment
Share on other sites

Not all CA courtrooms are the same and it makes little sense to tell people NOT to keep physical copies of their pleadings and other documents. So what that CA is working on their IS systems; banks have put millions of dollars into their infrastructure but that doesn't mean that they can itemize an account from zero balance when they sue, and frequently they aren't really able to do that due to information degraded over time and the ability of the legacy systems to communicate with one another is limited. ALWAYS keep physical copies of documents because with the push of a button OR a mess up in the ETL process with the data your digital data might just disappear or be incorrect due to improper merging etc.

Sometimes it almost seems like certain posters provide MISINFORMATION to deliberately sabotage debtors here!

Edited by rikkivs
Link to comment
Share on other sites

In addition to office supplies locate a copy of the lawyers civil practice manual for your jurisdiction. This is a book attorneys use. It has all the forms you need for pleadings, defenses and motions. In addition, it cites the lead cases for the type of motion you are doing, e.g. using SOL as an affirmative defense. It is essential to cite controlling cases in your motions.

Basically, it has all the rules of civil procedure with sample text of how to use them. This is very valuable.

You should find this at you local law library. You might find a used copy online but they are still going to cost around $150.

Go to your state supreme court's website and get a copy of the civil rules and also the model jury instructions. The civil jury instructions also layout the law for your state.

These are free.

Also, get a PACER account. There are tons of resources. Use them.

Link to comment
Share on other sites

Go to your state supreme court's website and get a copy of the civil rules and also the model jury instructions. The civil jury instructions also layout the law for your state.

These are free.

GREAT POINT! I totally forgot I found the same sort of jury instructions for civil court for district courts in my state. The jury instructions do a decent job of "dumbing down" the basic trial process if you have no clue how it works and are headed to trial.

I was also able to locate "Bench Books" available as free PDF documents for District and Circuit courts in my state. If you don't know what a Benchbook is, basically it's sort of a handy guide, or set of instructions for judges to follow. Of course each different one will be different, but many benchbooks I've seen contain anything from an overview of the most common issues you'd encounter in civil proceedings, right down to specifically outlining how and/why a judge should rule a certain way in a given situation.

If you can Google BenchBooks (also sometimes referred to as bench guides, judges guides etc) applicable to your state, or better yet even your specific court, they provide some very valuable information and even caselaw for some issues. They can provide a tremendously valuable inside look at how a judge is supposed to conduct his court. I know for MI there are Circuit court bench books, criminal benchbooks,probate benchbooks, domestic violence,family court benchbooks, etc. MI even has an evidence benchbook. Obviously we are mainly concerned with general civil issues here.

Link to comment
Share on other sites

I like your list a lot. I may steal it.

Also, being able to take a binder to court and show the judge highlighted sections of case law or state statutes is invaluable. I believe in being green as well, but you can always recycle.

You can't steal a gift

glad you like it, use it any way you wish thats why I posted it

I am going to add a couple of the good ideas given in here though

Link to comment
Share on other sites

I would add (if I may)

ALWAYS- know (or learn) your rights under applicable laws (STATE Collection laws, FDCPA , FCRA Etc. ) and KNOW when you have violations and whenever possible file a counter claim- they are dragging YOU into court,(often with NO credible/admissible evidence to prove anything) let them pay you for their foolish actions (IMO) Since they file to make $ not spend it this allows us to have some leverage as well.

Link to comment
Share on other sites

How about some green solutions? I mean why kill a tree if you don't have to? I no longer keep file copies. Once I file a pleading an notice the other side I don't need a hardcopy. I therefore need fewer 3 ring binders and I have saved a sequoia. If I need a copy of something I have the original work product to modify and re-use. What in the world do I need a hardcopy for?

I need hard copies. I just am not in the habit of saving to discs and ran into a major problem when I switched to a new PC and once i transferred all my files over they would not all open....

Thank God for hard copies to scan and re-enter.

Anyway... I also take my entire case to court, as needed.

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.