Attended East TN small claims court this morning

[DebtJubilee]

I would encourage all CIC members here to check out their local general sessions courts even though there is no suit filed yet. It was a learning experience for me this morning. It happened to be my day off so I said to my self, since I have quite a few alleged accounts (8) that have been all charged off, let me take a look for a typical court day.

 

Was in downtown Knoxville by 8:20am, court opens at 9:00am. First went to the wrong court, then exited and ended in the right building, took the stairs to 3rd FL. I find lots of people in the hallway, those for family court, child support, and one corner for civil court. A gentleman at the court entrance shows us where we have to wait till the court opens. At around 9:05am, we are seated in the court, I do a head count, about 20 people present, at one point we have more lawyers than the attendants. 

Lawyers start calling names, of defendants, and that they meet in the hallway for "talks".

A couple of guys sitting next to me are in for a JDB lawsuit, they are being represented by a lawyer.

One of them tells me he didn't want to deal with the case so he hired a lawyer. Their lawyer is in the front chatting to the opposing side lawyer and signing some papers and laughing. Seems like they know each other. 

9:20am - Their defense attorney walks to these guys next to me and tells them "case dismissed" by the other side, they wish me luck and they leave, I had told them earlier that I am there to observe. They might have thought that may be I am on the docket.

More lawyers walk in, some check in the judge's office, walk out, more names are read, but most of the defendants are not present.

Many of those that are called outside come back and take their seats, I am assuming they had reached some kind of settlement. At one point, one of the court employees walks behind me and asks 2 ladies that "the Judge has recommended that you go for mediation" and sure enough when time came they went. We are all asked to shutt of our cell fones or else they will be confiscated during session.

Around 9:30am, Judge walks in and we all stand. Seemed to be a nice guy, always joking, and made the environment very relaxing, but at the same time you could easily get nervous as he could take a pause and think about statement made by defendant infront of him, talks to the plaintiff's lawyers and makes a decision. Most of the court attendants were people who had come in to re-negotiate their petitions to pay (lowering their monthly payments.)

I couldn't believe how Judgments were being entered for Calvary and other creditors, without the defendants. All absent at least by the time I left, a few people that were present about 10 all said that they owe money and that they can afford $20, $50 dollars a month etc, Judge could look at their monthly expenses and adds on say 20 - 30 dollars more to what they had asked. Others were for landlords, Insurance, Hospital Medical Bills (there were many), again most of them going for default judgments.  

One of the lawyer for the plaintiff was absent and the defendant was present, and the Judge says "well since the plaintiff's lawyer is not here" lets give him another chance, may be he didn't get the paper work in time..says the Judge. The irony of that was that all defendants that were absent, default judgments were entered with interest as much as 24 percent on one of the cases, lawyer fees etc. At this 24 percent interest, the Judge asked the plaintiff's attorney if he had voices in his head, the laywer said no, the Judge said " I have voices in my head". He was reffering to a high interest of 24 percent, that is being charged to the absent defendant. The lawyer said, " well we have an agreement and the interest was agreed on. Judge says okay, and enters the default judgment. Pretty much easy work for most of these lawyers as they leave as soon as the Judge signs off on the judgments.

 

I left after I had noticed how things flow, names had been called of all the people that were left inside to stand infront of the judge and those missing, default judgements entered. Of all the 20 people around, 4 went for mediation, around 5 were for medical bills, and all made payments arrangements with hospital lawyers on what payments, about 9 wanted to have their payments lowered 1 defendant showed up but the lawyer didn't it (case rescheduled). The rest of the cases pretty much were entered into default. 

 

It was wierd in the way that the ladies at the desk looked at me funny, I wasn't a lawyer and I wasn't on the docket, told them I am there to watch and see what goes on. I didn't see anyone denying anything. 

 

It was a learning experience for me and I am sure next time I am there I will be more comfortable, I will be knowing where to park (for long hours), It will be more easier, I also saw Legal Aid at the entrance of the court, with pro-se people with questions.

At one point the Judge said to one of the defendant...."in this business, all are sued and I love lawsuits, ooh and i am the most happy guy in this court room since everybody else is here after a lawsuit and feeling sad.....so once all of you are sued, he goes on to say, you come here and we sort things out." ENDS

 

 

 

[TomnTex]

Good report!

[Huey Pilot]

Smart move on your part. The irony thing regards default judgments for Defendant no-shows and reschedules for Plaintiff no-shows is  just morally wrong. I wonder what would have been the result if the Defendant objected and requested a motion for dismissal.

 

This same procedure goes on in Courts everyday everywhere. It's a multi-billion dollar industry where all the machines are greased.

 

Read, learn, prepare, file all your paperwork and never be late on anything and you can prevail. Don't forget about the law library as a useful resource for comparable successful cases to yours and for case law. 

 

HP

[ArtVandelay]

This is exactly what goes on in almost every court. Just different names and faces, but the statistics usually end up about the same. Now you know why so many of these lawsuits are filed. This has got to be the easiest money an attorney can make. They spend 15 minutes filing a lawsuit that they might have another 15 minutes in reviewing. A couple of postage stamps and two minutes in front of a judge. Then they get paid 30% or so of whatever is collected. 

 

I suggest you keep going to court every chance you get. Try to get comfortable with the surroundings and get to know the people who work there, if possible. That will make it a lot easier when you are the one on the stage. You now know why these attorneys don't like messing with anyone that is going to fight. It takes time away from their easy money. Not to mention in TN even if you lose you can ask for a new trial (de novo) and take up even more of their "valuable time"!

[Learnin]

Thinking about it for myself..."Objection your honor.  The Plaintiff is absent and I move the court to dismiss with prejudice.  As the practice of this court today seems to be to enter default when a party is absent, I see no reason to continue this matter as the Plaintiff is absent."

 

If the judge allows it, etc, "Objection your honor.  I move to dismiss with prejudice as the plaintiff is absent, routinely today absent defendants were not given an automatic continuance, and I don not consent to a continuance as it would be prejudicial against me."

 

If the judge allows it, "Objection your honor.  I am giving you notification of interlocutory appeal and will provide written notice timely."

 

 

Agree/disagree?  Thoughts, comments, suggestions?

[Seadragon]

The court has discretion when the plaintiffs lawyer no shows as he may have a very good excuse such as trial, dog ate his records and such. So the plaintiff gets "another bite at the apple" because on appeal a reviewing court will say what a fair guy because with a plaintiff no showing the court may abuse his discretion to dismiss if he dismisses their case.

[Learnin]

Yet the defendant doesn't get another bite automatically, and would have to try to set the judgement against him aside later, etc.

 

Bummer.

[Savoir]

Yeah .. the Pro Se is not a member of the 'club'.

[PayCutHurtMe]

When I was in court with Portfolio (who didn't show up, by the way), most of the cases that day were foreclosures.

The judge would call the defendant's name twice, like 2 seconds apart. John Doe...1...2...John Doe! Let the record show the defendant is not present.

 

When it was my turn, he called the plaintiff's attorney's name at least 6 times. He glanced down, (I assume at the complaint) and It must have dawned on him that her address was listed as Norfolk, VA. Then twice, he asked "Anyone here for Portfolio v This Guy?" So yeah, I'd say the plaintiffs' attorneys get more leeway than the defendants. But, he was fair in every other way. He could have given them any amount of time to file an amended complaint, but he gave them the minimum 20 days required by the rules.

[nascar]

Thinking about it for myself..."Objection your honor.  The Plaintiff is absent and I move the court to dismiss with prejudice.  As the practice of this court today seems to be to enter default when a party is absent, I see no reason to continue this matter as the Plaintiff is absent."

 

If the judge allows it, etc, "Objection your honor.  I move to dismiss with prejudice as the plaintiff is absent, routinely today absent defendants were not given an automatic continuance, and I don not consent to a continuance as it would be prejudicial against me."

 

If the judge allows it, "Objection your honor.  I am giving you notification of interlocutory appeal and will provide written notice timely."

 

 

Agree/disagree?  Thoughts, comments, suggestions?

 

Yes, I would strongly suggest that you not "object" to the judge's comments. You "object" to opposing counsel's statements; you "ask" the judge if you can offer additional supporting authority for your argument. The same goes for an appeal; if you don't think the judge made the correct ruling, then file your appeal. Don't threaten the judge with appeal in open court.