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Well, here's the court report from Mon, 9/16


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Posted by Questing Beast (24.207.212.252) on September 18, 2002 at 00:50:22:

I busted a$$ until 1 am preparing my Answer. Got up at 4 am & finally finished around 7:30 am. Went to courthouse and was quite nervous, not knowing what to expect. The docket posted outside the courtroom was long - some cases filed in Jan. have yet to be resolved. I did not try to file my answer paperwork beforehand - I decided to just wait and see what went on. Call docket started @ 9:05. When your case is called, you state that you are present, at which time attorney for plaintiff states his or her action, such as "second call" for those defendants who are present and "move for default" for those defendants not showing up, etc. After the judge completes the call, the bottom feeder rush to the clerks desk begins, quite quickly I might add, to get those motions for default filed. Lawyer for plaintiff called my name, and we head outside the courtroom. Conversation goes something like this; (cordial handshake) "Hi, I'm Johnny Johnson and I'm standing in for Jimmy Jones who asked me to cover for him today" (I guess so since he's 250 miles away, on the other side of the state). "To be honest with you, I have absolutely no knowledge or information about your case. Let's see, (thumbing through a 1 inch thick folder) Mr. Jones did have a motion for default prepared for me to file had you not appeared, but since you're here, that won't be necessary". I ask what happens next. "Well, we probably just need to continue the case to the next docket date so you can decide what you want to do. You can call JJ in KC to work out a settlement or you may want to consult with an attorney". I ask him "Isn't this account kind of old to be collecting on - I mean, isn't there like a statute of limitations for collection of a debt this old"? He replies "No, credit cards are written contracts and written contracts have a 10 year SOL"? I don't bother to say anything more. I sign the memorandum for continuance to 10/21/02, at which time I need to appear for the next call docket. So I've got some time. My panic to prepare an Answer at the last minute was unnecessary but, oh well.

Here's hoping this report is helpful to someone. I would have liked to have seen something like this posted on the board before. (maybe it was and I didn't see it)

I need to wrap this up for now but I shall return.


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