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Anyone had problems dealing with a justice of the peace insted of a judge?


MIDLAND-AFTER-ME-2-AZ
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The clerk asked if I owed the debt, not wanting to admit anything I said I did not, As I dont feel I owe midlands anything., I got the feeling the way they run there court is, if you once had a debt that you didnt pay, well your guilty then who cares about whether the new debter can prove it.

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  • 3 weeks later...

If they can bail out Casey Anthony, then i don't think there is much space to give them a chance about proving them that they are true to the law. I don't know how the jury came to such a decision and i don't know what were the court members think about. Everybody knew who was right and who was wrong.

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I just lost a case in JP court in Maricopa County, and I never had a chance to go before the courts. I filed EVERYTHING possible....flooded Midland's attorney's with discovery requests, which they never answered, filed a Motion to Strike the Affidavit, which Midland's attorney never replied to the courts, and provided to the courts copies of the Texas and Minnesota complaints, as well as the Ohio cases. Midland files a Motion for Summary Judgment, which I again answered, and they win a judgment against me four days before I am to do to trial. Midland appearred telephonically at the mediation and just informed the mediator that they were going to trial (that lasted about 10 minutes) and never had to produce anything other than the affidavit and bill of sale! I am shocked! I feel like I have gotten run over by a bus....I never got a chance to defend this matter in court! All the clerk said was oh well - that's the way judge's rule sometimes. Now I need to research the Motion to Set Aside the Judgment.

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  • 3 months later...

I haven't gone in front of the JP yet for my case in the East Valley, but looking through the bios of some on the JPs it seems to half of them have some law background then there are others who do not. I can't find a boi for the JP for my case so I don't know what I am up against. From a legal aide office I heard that generally lawyers aren't fond of Justice Court as the rule of law isn't typically enforced the same way as in Superior Court. Sounds like that is what happened to you. I would be interested in knowing which Justice Court you were in.

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I'm not in East Valley, but Cochise County- last year I went to a mediation and the lawyer from Midland never called( he was to appear telegraphically) in until after I won by default. Then last Dec they re-filed (after loosing their appeals)

I just filed my response yesterday- but I will be doing a lot more research- the case is now beyond the SOL- but I need to figure out how to prove that it is. They had a copy of a debt letter that is after the last activity on the alleged account.

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In my case- since it's several hours away- I could see the legitimacy of telephonic. However- my husband and I were there 1/2 hour ahead of time (it was a mediation thru the courts- evidently Cochise does this) and after 20 min the lawyer didn't call. My husband left to go to work after the default and then prior to my leaving the lawyer called- he said that he didn't get back to his office from a prior court case. He also didn't call in to the # on the paperwork that he had. You could see that the mediator was annoyed, esp when the lawyer (Esquivil) tried to say he was only 5 min late (trying to subtract the courtesy 15 min that the mediator gave him).

In my case I received a call from their office re: the debt prior to being re served with a new court case. the woman there tried to say that the judge had allowed an appeal and that it was the same case. I wish I had a tape recorder at the time.

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I filed a lawsuit on behalf of a client yesterday morning in magisterial district court in my state. That is the court that handles traffic tickets, misdemeanor and summary offenses, and civil small claims lawsuits, which are now up to $12,000 in my state. This is a minor vehicle accident where my client is looking to recover $2500 or so from two defendants (one is the driver and one is the owner of the vehicle).

The reason I am posting this is before I filed in that court, I looked up the judge's bio. He is 66 yrs old with a high school degree. That's it. No college or formal law training to speak of. He may be the best judge that has ever lived, I don't know. But my hunch is that this is a court of rough justice where he'll eyeball the plaitniff and defendant and grant judgment based on what he deems is fair. Since my client was slammed into by an unlicensed driver who was a permissive user of a friend, this type of rough justice is favorable in my opinion and that's why I filed there (aside from hearing in 45 days and $140 total filing fee instead of 2 years and $400 filing fee in Commonwealth Court).

But if I were trying to defand a case based on a technical point of law such as lack of proper assignment, I would not like my chances in this type of environment.

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