Jump to content

My wife is getting sued by GE Money Bank...Her Trial is tomorrow


bmc100
 Share

Recommended Posts

Tomorrow my wife has her bench trial with GE money bank. I did not have her file any motions to strike, but rather I laid out in a document everything she needs to know for trial procedure.

The Plaintiff's whole case centers on this affidavit of open account, cause they will not have a witness tomorrow.

I wrote out exactly how she should object to the affidavit when they try to admit it as evidence. If she can get the affidavit struck down, then the Plaintiff by rules of evidence should not be able to admit the account statements.

The affidavit does not state that the affiant is a custodian or familiar of how the business records are kept or the person reviewed the records before signing the affidavit or the person could serve competently as a witness at trail. Nor is there any evidence provided during discovery that backs the statements made in the affidavit.

I told her if the judge rejects the affidavit then motion for a directed verdict. She should win.

I also instructed her as to what to say if the judge asks if this is her debt. As well as if they try to sneak in any evidence that was not provided during discovery.

Anyone that reads this, please chime in with your experience at trial in getting evidence stricken.

Link to comment
Share on other sites

I just wanted to say tell your wife MamaCaldo sends strength and courage her way. She can do it, and we are all rooting for her. Mrs. bmc, you are going to do a great job and no matter what happens--keep smiling and act "as if"... as if everything is going and went exactly as you wanted.

MamaCaldo

Link to comment
Share on other sites

I hope she retains what I coached her through. She gave me 15 minutes to get her prepped on over hours worth of work. I will not be there tomorrow, I have to work...I have client meetings first thing in the morning.

I told her to preserve her rights by objecting to evidence as soon as they introduce it. Hopefully she listens.

Link to comment
Share on other sites

The most important thing you can do, is if this thing goes south, whether she misses an opportunity or not. No matter what happens if you loose.

THE LOSS IS NOT HER FAULT!!!!!!

Tell her she did great and the judge made an error, or blame it on the system, come up with something.

Going to court no matter how well you have coached her, is highly stressful, she may miss something, that you know you would have been able to address. This is because you have spent hours researching and prepping.

So trust me celebrate the victory if it happens, if it goes south you let her know that the same thing would have happened to you in that circumstance.

Years from now when finances aren't an issue, you can then discuss the day in court, in a light hearted fashion laughing at each other and your lawyering skills....

Best of Luck tomorrow.....

  • Like 1
Link to comment
Share on other sites

It would have been best if you were there for moral support. But I know she will do her best.

The key is as Skippy has said is to make a huge deal if she wins and a we'll just do some post trial motions to kick the can down the road if there is a loss.

make sure no yelling, and arguing about it, but take her out to dinner if she wins or loses because she might get roughed up a little by the attorney or the court.

and tell it it is ok to say I don't recall alot instead of admitting. Sure enough they are gonna try to bully her into proving their case.

what is the judge like? Are they fair? so when in doubt I don't know and I can't recall are good things also requesting a Bathroom break for "lady problems" is a good way to disrupt the flow:) of the attorneys questioning. ash for a 10 minute recess.

Link to comment
Share on other sites

I agree with Skippy. Be kind to your wife no matter what. It is very stressful and hard to remember all this stuff! I feel so blessed to have had Seadragons help and very good briefs and MIL's to get my case dismissed on the eve of trial. I think I would have collapsed if I had been badgered like VDPCA here was. I am sure she will do her best and tell her I am praying for her and your case!

Link to comment
Share on other sites

Seadragon,

I told her not to bend or get intimidated by the attorney. I told her the Plaintiff will try to get her to prove their case by trying to get her to fold.

I told her to say that she does not recall. The positive is that they are not suing her under her legal name, but rather her maiden name...so I told her to use it...Force them to prove their case...

The other positive is that they have not provided an agreement up to this point either and to object to any evidence not provided during discovery that relates to the account.

I also told her to force them to prove every claim they made in their complaint and every statement the affiant made in the affidavit and to attack the affidavit as hard as she can.

I also gave her every civil rule, evidence rule and complied law that they have not followed or broken and to use it against them.

Skippy,

I dont care if she loses, but given that she has put next to no effort into preparing for today...That I will express my displeasure with that...cause she never did the work to prepare.

I did tell her to protect her rights and to use some of the defenses I put in her answer. They are not traditional affirmative defenses, but rather defenses that forces the Plaintiff to prove their claims in full detail.

Link to comment
Share on other sites

My wife just called me, she had her day in court. The presiding judge by reputation, I told her going in, that he favors the Plaintiffs and he is a racist. I am a white male and my wife is a black. I forewarned her about it.

She told me she went into court and judge told her that he remembers her and that it was best to go back out into the hallway to talk with the Plaintiff about a settlement, cause he already decided that she is going to pay the entire amount, even without verbal arguments. Right there, I told her, this judge already violated her rights.

She goes out in the hallway to talk with the Plaintiff's attorney and from the start, the attorney told her that I am ready for your husband and I invited a collegue of mine from Ann Arbor to help with the trial. My wife also told me that they had three thick file folders of documents that they were going to introduce as evidence. I told her, non of that evidence was provided to you during discovery and you could object to it to it being inadmissible.

She told me that she decided to settle instead of fighting it out, which by what she told me, the judge was not going to even allow a trial to happen, he already had his mind made up that he was going to award the Plaintiff.

The amount they were claiming was roughly $4,500 and she settled for $1,000, paid over 3 months..which we can afford.

The attorney told her that because of my involvement in writting the pleadings and having conversations with her, that GE was willing to go that low, cause I was tough and put alot of the pressure on them. The attorneys told her that I should be an attorney, cause with some legal training, they would not want to face me in court. The attorneys thought that I was going to be there and guiding her through everything..So, they came over prepared, which the attorney said they never had to do before.

I did get upset with my wife, cause she allowed a judge to dictate the outcome before anything happened and if she would have protected her rights, she could have appealed and once the appeals court was shown that she was not provided a proper trial and the judge did not follow civil procedure, that they most likely would have reserved this judges decision.

I think that was a better deal than what most attorneys would have gotten, which was roughly $.22 cents on the dollar. I cannot fault her for that. Now, my wife when she gets sued again, which she will cause she still has a lot of debt, can no longer tell me to stop giving her legal advice cause I am not an attorney. She thanked me, she told me without my help, she would have had to pay the whole amount.

Link to comment
Share on other sites

Sounds like you can accept the outcome on this one. Good job!

Should other lawsuits come in the future (you seem fairly certain of this), your wife may be willing to put more effort into the defense strategy. Here's hoping that she will be able to call you and say "I won!".

Link to comment
Share on other sites

My wife just called me, she had her day in court. The presiding judge by reputation, I told her going in, that he favors the Plaintiffs and he is a racist. I am a white male and my wife is a black. I forewarned her about it.

She told me she went into court and judge told her that he remembers her and that it was best to go back out into the hallway to talk with the Plaintiff about a settlement, cause he already decided that she is going to pay the entire amount, even without verbal arguments. Right there, I told her, this judge already violated her rights........I did get upset with my wife, cause she allowed a judge to dictate the outcome before anything happened and if she would have protected her rights, she could have appealed and once the appeals court was shown that she was not provided a proper trial and the judge did not follow civil procedure, that they most likely would have reserved this judges decision. .

Respectfully, if I may...I am not at all certain what you expected your wife to do...alone...in a courtroom...with a racist judge?

Please take a moment to consider the following:

Law and courts are way intimidating to EVERYONE. Add to it, being a person of color, in a court room w/someone who holds power in their hands to do....just about any damn thing they want to do....and you've just multiplied that intimidation factor.

I get being frustrated because of your wife's lack of preparation. Seriously, I do. But maybe she felt the cards were stacked against her anyway (given what you shared about the judge). Bottom line--I personally GET her not standing up to someone like that, in his court. People like that, would just LOVE to have an excuse to hold someone in contempt, slap her with fines or worst some time in jail....just because he said so.

There is NO standing up for your rights w/someone like that. They are in that position, because they want to make sure people that look like your wife have NO RIGHTS. Your wife understand this sad reality of people like that, and dealt with it as best she could. How about cutting her some slack? She must have been terrified walking into court, alone. My heart goes out to her.

...and fyi racist or not, when you are dealing with a judge, they hold all the power. Period. Some will get urinary w/lawyers they decide they don't like, much less a pro-per.

There are many cases on this board, when judges were pro-plaintiff (or at least anti-dead beat in their minds) and ran slip shod over the defendant's rights and there was little the defendant could do at the time (unfortunately).

Sorry, but given your comments I felt the need to say that. Glad it was an outcome you can both live with.

Very sorry you're so disappointed that your wife chose not to see a repeat of what decades of racial injustice has taught---when a racist is in a position of power over you, sometimes you just have to deal w/the cards you are dealt....and get the least amount of scathing in the process.

Just something to think about.

Take care. ;)

Edited by tigger
Link to comment
Share on other sites

Bless her heart! I know how hard it is. The first one is always the hardest. She did the best she could do under the circumstances. I just wished my husband would had helped me w/ something. Oh yeah he did help, he signed the POS's...lol

Anyway my hubby wanted me to let it go. TG I'm stubborn!! 8-)

Link to comment
Share on other sites

It is truly :cry:sad :cry: that there are still people who have hatred towards other people just because of the color of their skin.

I guess by settling she does not have to worry about this entire mess, and she does not have to confront a person (judge no less!) that has chosen to judge her by her appearance. That alone might be worth $1,000. But maybe you will find another way to approach it for the next go round... and maybe she will have the courage to stand up and fight in court.

Link to comment
Share on other sites

Congrats on the outcome. Getting to a settlement number that a family can live with, while seems hollow, based on your knoweldge of the system.

Always remember from a moral standpoint, in most cases we really owed the money. So in the end, .22 cents on the dollar is a pretty darn good number.

I know for me, we tried to work out all of our debts, but for some reason those pesky banks, just didn't or couldn't find a way to assist. I know had any of them when we were trying to decide what to do, had said, we will offer you .22 cents on the dollar over 3 months, I would have taken that deal and called it success.

We get here and get some knowledge and then think we should walk completely. In some instances we should.

I think your wife did a great job. Remember, going to appeal, while generally done on pleadings and court docs, in the end even if you win, your wife still would have to go back in front of the same (poor excuse for a judge) and face trial. No certainty the result would be better, likely worse, because you would still have to be on the sideline.

Congrats again that your effort and support of your wife has payed dividens.......

Link to comment
Share on other sites

faced with certain loss and a failure to have adequate record to back her up the court could have said anything under the sun and nailed her for the full amount.

the court I think bluffed your wife to settlement. I would now file a complaint against the judicial review board. You can call the aclu and the NAACP for legal help. You see this judge needs to go. So you have to eject him. by calling in your bigger meaner dogs.

I think she was resourceful given the situation and recognized a bad situation early enough. It seemed to me the judge pushed the settlement.

I hope this puts court trials into the past for you and wish you and your wife good tidings for the future.

Link to comment
Share on other sites

Seadragon,

It was not the ideal outcome, but it is still a win since we got the best of the Plaintiff. Once my wife gets the release from the court, I will email the attorney for the Plaintiff and tell her that it is nothing personal, but it was nice doing business with you.

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.