Sign in to follow this  
formerpara

Midland Requested Phone Appearance at hearing

Recommended Posts

I am still fighting Midland after 2 years. Long story. Anyway, tomorrow I have a hearing on my Motion to Amend my Answer, and to compel Midland to Produce Docs ( after 2 years!!!) I consulted an attorney who helped me with my papers and what to say to the judge. I also filed a counterclaim for creditor abuse. I just want this to go away and I am a nervous wreck. I have case law to cite and know what I am going to say. It will be weird that they get to appear by phone. Any pointers??????

Share this post


Link to post
Share on other sites

I know it's nerve-racking but you have the advantage by being in person.

 

This is easy for me to say as a lawyer, but I really think the best way to approach court appearances like this is to simply visualize yourself having normal conversation with the judge. That's all. Don't try and speak legalese. Don't memorize case citations and case names. Be comfortable, and have a conversation.

 

DO: "Judge, I'm frustrated because I asked these folks 6 months ago to turn this stuff over and I still don't have it."

 

DON'T: "May it please the court, as expressly prohibited by the Florida Supreme Court decision in Pringle v. Nacho, a litigant's abuse of the discovery rules may be cause for sanctions, which as I will demonstrate herein are clearly warranted."

  • Like 2

Share this post


Link to post
Share on other sites

I agree with UCL, just be calm, be yourself and try and force opposing to be in court with you and not on the phone. You can read body language better that way and also make sure that what their claiming is true which is hard to do on the phone.

Share this post


Link to post
Share on other sites

Thanks for the advice and words of encouragement!!! I am very frustrated because instead of responding to my document request 2 years ago, they filed a MSJ  and didn't serve me properly. I found out they filed something because I just happened to check the docket. Theyn when they did respond to my request, they objected to each and every one of my requests which I know is not proper.  I will let you know how it goes.

Share this post


Link to post
Share on other sites

Well, I survived my first Pro Se court appearance today and the judge thanked me for being prepared. I won my Motion to Amend my Answer and most of my Motion to Compel  production of documents. They actually sent a rent-a-lawyer even though they originally requested a telephonic appearance. The rent-a-lawyer tried to get my counter claim thrown out because I requested attorney's fees. I actually consulted an attorney who charged me for her services, so I did incur legal fees. The judge told me that I cannot represent myself as an attorney to which I replied that I was aware of that. Anyway, the attorney who helped me prepare told me this afternoon that there is case law that states a Pro Se defendant can seek to recover attorney's fees. She will provide me with the case law because the judge is basically making me refile all of my papers to correct my errors within 20 days.

 

The rent a lawyer was waving a bogus Midland internal document that is full of errors as his big piece of evidence. Midland admits that they don't have a signed contract or agreement with my signature on it, but they produced 3 statements and a boiler plate Citibank agreement.  Midland responded to my Doc request with mostly objections and the judge over ruled 1/2 of them.  My favorite parts of today's hearing was when I said to the judge that the burden of proof rests with the plaintiff to provide the documents that prove it is my debt because they are suing me. Another highlight was when the rent a lawyer mentioned Midland's objection due to attorney/client privilege. I asked for the privilege logs and the rent a lawyer started to squirm when they judge said that I am entitled to them. i tried to get the judge t0o set a deadline for doc production but he said it was premature. He did say that Midland had 30 days to get me the privilege logs which we all know don't exist.

 

Not sure where this is all going but according to the attorney I consulted, I did well.  What do you guys think???

  • Like 1

Share this post


Link to post
Share on other sites

I know it's nerve-racking but you have the advantage by being in person.

 

This is easy for me to say as a lawyer, but I really think the best way to approach court appearances like this is to simply visualize yourself having normal conversation with the judge. That's all. Don't try and speak legalese. Don't memorize case citations and case names. Be comfortable, and have a conversation.

 

DO: "Judge, I'm frustrated because I asked these folks 6 months ago to turn this stuff over and I still don't have it."

 

DON'T: "May it please the court, as expressly prohibited by the Florida Supreme Court decision in Pringle v. Nacho, a litigant's abuse of the discovery rules may be cause for sanctions, which as I will demonstrate herein are clearly warranted."

I did what you said and the judge was very nice to me.  He thanked me for being prepared.  See my post above about what happened. 

Share this post


Link to post
Share on other sites

I agree with UCL, just be calm, be yourself and try and force opposing to be in court with you and not on the phone. You can read body language better that way and also make sure that what their claiming is true which is hard to do on the phone.

 

You were right!! The rent-a lawyer who showed up was all nervous and lisping when he spoke to the judge.  He tried to be a suck up to the judge but the judge told him that I was entitled to privilege logs immediately.  See my post above about the events of the day.

Share this post


Link to post
Share on other sites

Thanks Spikey. I just want to be so annoying to them that they will dismiss it.  It's costing them money right now and they probably figured that they would ge an easy default judgment.  The judge was very fair.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this