Case Management meeting a bust! Sub. lawyer sent in.

[Nuti4Law]

CM meeting. JDB sends in a sub attorney. I tell the judge that JDB has my money that was taken on default/default judgment that has been vacated. Sub says she is only there to set trial date, does'nt know anything else. They want date in September! Come on. All they're doing is wasting my time and courts. I tell that to judge. I live in AZ JDB didn't show last time. How do I get my money back, my attorney fees, all expenses I'm spending to defend an SOL? She says this is only to set trial date not to litigate. Got date early May. What is going to stop JDB from playing these games. They have no intention of ever ending this.What can I do?

[legaleagle]

Probably nothing at this point, just show up in May.

[Coltfan1972]

What is going to stop JDB from playing these games.

Not a damn thing. This is a game, at least you understand that !! In 1994 our basketball team won the national championship in basketball because we had a swarming defense, hand checked and went full court press 100% of the game.

Every team in the nation complained about the hand checking and that it was not fair. However, we got the championship so; "shove it, here is some tissue and a shoulder to cry on you losers," was our response.

Right or wrong, this is just the way it works. Here is the deal, you're on their home court/field. That is just the way it is. You have to play the hand you're dealt and in the venue specified by law.

Learn the rules, and then flip it on them and watch the utter shock and anger when they figure out you just learned the rules and are now using their own system against them.

There is a reason you can go pull 1000 collection lawsuits and see about a 99.5% win percent for the collectors, but never see a single case go to trial. They win doing stunts like this.

Next time do the equivalent of re-raising your opponent all in when they bet into the pot. You will probably find it will be they that fold their hand and tell you to drag the pot.

[fightemdontfold]

I too was put off initially by not only the JDB sending a rent-a-lawyer to the hearing I set for a motion to compel discovery (he knew next to nothing about the case either) but also the way the courts let these things be extended seemingly forever.

I too like you wanted to get the thing over with, make them put up or shut up.

But through experiance I learned that it is not considered a big deal to delay cases of all kinds forever. During my time in court, both observing and even during my last visit when I had the suit against me dismissed, the entire docket just was case after case that got extended (with the exception being those that were dismissed for not having any action taken for a year). I laughed as it seemed like the entire court process was just kicking things back to a later date.

I'd say the date being set for May is better than September. And the longer they stretch it out the less likely that they have anything on you.

After a few attempts to force the thing to a conclusion during one of my cases (I filed a motion to compel and then filed for a dismissal that fell a day after they send back discovery, they sent back the discovery a day after the deadline that was set, I had the hearing the day after they sent it back) I finally concluded that they could drag it out as long as they wanted, price of admission (filing fee). After about a six month period where I let it lie they sent me a dismissal notice.

Again if they had real evidence against you they would be pressing forward, their delays are a sign of weakness on their part.

[1stStep]

The rent-a-lawyer thing is pretty common thing...once I got the hang of it, I'd spring some motion on them - it was a gamble, especially because the R-a-L probably knew nothing of the case.

[Nuti4Law]

Now I have been deposed! They also have sent subpoena to OC. They already have my statements showing SOL. What are they looking for? Also, I have a quick question. When or how do I file for wrongful attachment to get my money back with Attorney fees and everything else?? Thank you in advance for all your help.