Judge/ Clerk problems

[Swatch]

Here is a link to my other post http://www.creditinfocenter.com/community/topic/318993-aets-games-have-to-stop/ 

 

This way I don't have to rehash everything.

 

So today I get the actual notice from the court stating that the Plaintiff's Motion for more time has been granted. I'm not 100% sure whats going on with the Judge/Clerk but the Order that they had signed is the same one that is for the Wrong Defendant/ Case that was provided by the Plaintiff. The actual Defendant is in a totally different County.

 

In my Objection to the Motion I actually made copies of it and hi-lited the Defendant and Cause Number and stated that the Order is for a different case. Of course, I didn't get my mail until after the courts had closed so I guess I will be calling tomorrow.

 

Is the judge/clerk not even looking at these documents or what?

 

Has anyone had this happen before?

[admin]

Not sure I understand what you are asking.  I read your other thread.  

[Swatch]

Hi Admin,

 

I guess what I am asking is why would the Judge or Clerk still sign the Order knowing that it's for a different Defendant and case all together?

[admin]

Overwork and underfunded?

[Swatch]

I might buy the Overwork and Underfunded argument if each Court didn't have a Court Manager, 2 fulltime Admininstrative Assistants, 1 part time Admin Assist., 2 Court Reports, Civil Administrator, Assist., Civil Administrator, and a Bailiff. This is just for one court. LOL

[BV80]

They're not reading them carefully.  I don't know if it's due to overwork, underfunding, carelessness, or laziness.  

 

You objected to the motion, and it's on the record.  IF you need to appeal, you can POSSIBLY show where the court was in error.  I said possibly because I'm not an attorney.

[skippy1960]

I might buy the Overwork and Underfunded argument if each Court didn't have a Court Manager, 2 fulltime Admininstrative Assistants, 1 part time Admin Assist., 2 Court Reports, Civil Administrator, Assist., Civil Administrator, and a Bailiff. This is just for one court. LOL

No matter the reason for the mistake, you should tread softly. Clerks and Judges are ones that you want to look favorably on you and you case. While we all believe that prefection is due us, remember be kind and unassuming when you bring the error to their attention.

Clerks are the gate keeper and can be a real help, right up until you piss one off. Then they can make every future filing miserable.

[howucan2]

This problem can possibly be solved by  motion for " Clarification" and a scheduled hearing. (I don't know your state rules so do search for this type of motions, but I have seen it for every state).

 

I once had this problem and it was getting no where, I filed a short motion for clarification in it I explained the situation and on the hearing date case got dismissed.

[Coltfan1972]

Unless your motion for more time is because you are lost in another state and don't know how you got there because you spent all your money on crack and hookers the night before, and woke up in barn with a ton of farm animals and sex toys, the motion for more time is going to be granted.  

 

The court/judge/clerk probably does not read them and just grants them.   I got a continuance one time and my reason was "I just thought I had to ask for at least half a dozen before there would actually be a trial held."

[neweuquol]

Judges are lenient with requests for continuance especially if the judge thinks the other side is being unreasonable.  Judges do not need you to highlight and underline things.   You can tell them in words.  

[neweuquol]

Read your additional posts.  I am routinely granted an extension of time to file responsive pleadings on behalf of clients, usually even the attorney for the JDB will not object.  I routinely grant "informal" extensions of time to JDBs to answer discovery requests. That means the attorney for the JDB calls me and asks for an additional 30 days and I say "Sure, no problem."   

 

The judge probably granted the requests because he is used to the parties granting each other such requests without court intervention.

[neweuquol]

Unless your motion for more time is because you are lost in another state and don't know how you got there because you spent all your money on crack and hookers the night before, and woke up in barn with a ton of farm animals and sex toys, the motion for more time is going to be granted.  

 

."

Actually if it is your first request for a continuance this reason may slide by.

[Coltfan1972]

Actually if it is your first request for a continuance this reason may slide by.

 

Yeah, it would actually have to be something bad to not get granted.

[Swatch]

neweuquol, I did put "in words" that the Order submitted by the Plaintiff's Cousel was for a Different defendant in a totally different County. I had no chance to give the Plaintiff more time to respond to Discovery because the Plaintiff had already filed the Motion. I didn't even receive the Motion until Monday when Discovery was supposed to have been answered. No phone call, no nothing.

[neweuquol]

I am not surprised they did not call you.  Attorneys tend to call one another when they want informal extensions of time. We tend to assume pro se opponents will object to everything because "that's the deadline."   They probably assumed (correctly?) that you would object.

[Swatch]

Why would they "assume" I would object? I objected after the fact, considering the Counsel flat out lied as to when they received my Request for Discovery. And in your mind you probably "assume" that all pro se litigants are going to default and not fight.

[Coltfan1972]

As much as I fight the other side every step of the way.   It's a good idea to appear like you want to cooperate when the odds of something happening are about 99.99% guaranteed to happen.   It makes you look like you are playing along and want to help when really you are just bending over and taking it because you have no choice.

 

Even I choose my battles and routine matters, even being pro-se I yield to the norm that I know is going to happen and act like I'm more than happy to cooperate.   Then when it counts I bend them over and ram it right to them and don't stop until they are squeeling like slaughtered hogs. 

[Coltfan1972]

"And in your mind you probably "assume" that all pro se litigants are going to default and not fight."

 

EXACTLY !!!!! and that is what you want.   You blind side them when they are just far enough into it to not turn back.   Make them have just enough invested, enough billable hours and familiar enough with the case to make them fold or push all their chips in.  

 

It's not a bad thing to not be taken serious.   Trust me, when I baited the other side into admitting in discovery they could not prove standing and then when the trial started and I said I wanted to stipulate 100% that I owe every damn dime they claim, but just not to them?   Yes, that was when they figured out they "assumed" wrong.   I let them go on for eight months fighting them tooth and nail about the underlying debt and dancing around standing.   But when they had pushed their chips all in, BAM right between the eyes with a two by four and their jaw hit the floor.  

 

Then I turned around and SUED THEM !!!!  

 

Us pro-se should not take it personal, embrace the fact they are going to take you for an idiot.   I have another added advantage.  I'm from Arkansas so I can play into the dumb hick role and they will take it hook, line and sinker as I win and cash their checks.    WOOOO  PIG   SOOOOOIIIIIEEEEEE

[neweuquol]

Why would they "assume" I would object? I objected after the fact, considering the Counsel flat out lied as to when they received my Request for Discovery. And in your mind you probably "assume" that all pro se litigants are going to default and not fight.

I only deal with pro se debtors when they sue clients for "loans," etc.   Some pro se landlords also refuse to return security deposits.

 

They tend to the be the worst.  They object to everything because it's the law even when they are misreading the law.  "The law says you have 15 days to answer my petition so no you cannot have an additional 15 days."   That is pretty typical.   I still tend to call the pro se debtor but more than 3/4th of them do not understand I will just get the extension anyway so they object to anything not in the Code.

[Coltfan1972]

More than 3/4th of them do not understand I will just get the extension anyway so they object to anything not in the Code.

 

"It makes you look like you are playing along and want to help when really you are just bending over and taking it because you have no choice."

 

I don't have a law degree, are we basically saying the same thing?

[Swatch]

neweuqol, just curious as to why you "only deal" with pro se? That may be true for some Pro Se but it's also true for some Attorneys who practice in multiple states and don't necessarily know the laws in which they practice.

[neweuquol]

neweuqol, just curious as to why you "only deal" with pro se? That may be true for some Pro Se but it's also true for some Attorneys who practice in multiple states and don't necessarily know the laws in which they practice.

I worded that poorly.  I deal with pro se clients when they file claims for loans and when it comes to landlords and security deposits.   Other than that,  I deal with attorneys on the other side.  I only practice in Louisiana and I do not pretend to know the laws of other states.  I speak from experience only.  Maybe other attorneys have different experiences with pro se opponents but I stated my experience.  Most are unwilling to extend even the most common courtesies. 

[neweuquol]

Clerks are the gate keeper and can be a real help, right up until you piss one off. Then they can make every future filing miserable.

THIS. Sometimes there are local rules about minutia such as font size, page size, margins, etc that are forgiven when it comes to pro se litigants.  Piss off the wrong clerk and your filings come back to you as non-compliant with local rules instead of cutting you a break.

[Swatch]

The experiences I have had with opposing Counsel has been you don't get the chance to extend any courtesies because you don't hear from them until they file a Motion and then it's too late such as this case; or if you do try and contact opposing counsel you have to jump through hoops to even talk to them because the receptionist and or CSR won't transfer you because you're not an attorney even though you mention you are pro se.and representing yourself.

[neweuquol]

The experiences I have had with opposing Counsel has been you don't get the chance to extend any courtesies because you don't hear from them until they file a Motion and then it's too late such as this case; or if you do try and contact opposing counsel you have to jump through hoops to even talk to them because the receptionist and or CSR won't transfer you because you're not an attorney even though you mention you are pro se.and representing yourself.

This is something I deal with when calling firms representing JDBs.  I rarely ever get to speak to the attorney signing the original petition or discovery responses. It's almost always a "litigation paralegal" or "case manager."

 

 I always call the other side when I need an extension but I can see how they assumed you would object. As long as they do not represent you were not opposing an extension because they contacted you they did nothing "wrong."  Maybe it's not courteous, but it's not wrong.