Just back from court - Interrogatories needed
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Posted by Prune Man
(65.161.188.11) on January 20, 2004 at 13:45:32:
Thought I'd share this since I have a minute. I went to my Pre-Trial court date in TX to defend myself against Citibank and the following occurred: 1. The court session began, and after a few cases, I was called to the bench. A lawyer stepped up and introduced himself to the Judge. He was not the Plaintiff's lawyer on the summons, but said he was representing Citi in this case. The judge asked for his information and he handed a business card to the Judge. The judge began looking over the case file which took just a minute. 2. While the judge was reviewing the case the lawyer asked me if I had submitted an answer to the summons. I said I had. I asked the lawyer if he had a written agreement with the original attorney to try this case. He said he did. I asked the lawyer if he is licensed to collect debt in TX. He replied that he is. 3. The lawyer then told the judge that he had not received a copy of my answer, and asked to review the court file. The judge complied, and we recessed the case while the lawyer reviewed the docs. 4. While the lawyer was reviewing the docs the judge saw a couple other cases. Then he called us back. 5. The judge mentioned that there had been no discovery, and asked the lawyer if this is how he would like to proceed. The lawyer said yes. 6. The judge asked me how I would like to proceed, and I said that I would like to have the case dismissed. There was some snickering from the Prosecutor's table, but the judge took me very seriously, and told me to enter my motion to his office and he would review it. 7. I then turned to the lawyer and asked him for a copy of his contact information. He told me that it wasn't necessary. I asked the judge if I was entitled to this information and the judge affirmed and instructed the attorney to give me his card, which he did. 8. the judge then instructed the Bailiff to escort us to the court coordinator to set trial. When we reached the coordinator's office, the Plaintiff's lawyer told the coordinator that he would like a bench trial. I requested a jury trial and paid the extra $50. I received my receipt and left. ******************
To Summarize:
Everything was direct and to the point. I was never treated like I was a criminal - which I had some expectation of when I walked in. It was one of the best experiences in a courthouse I have ever had. The staff were very nice people and it was a friendly environment. This place doesn't even have metal detectors at the door!
****************** Please!
If anyone can give some assistance to me I need to address the following: 1. Is it OK for me to submit an interrogatory at this point? I assume it is and that the court will allow me this given the tone of the Pre-Trial. If so, I need to prepare an interrogatory to serve the lawyer. I intend to mail both lawyers, and Citibank, and ask the following:
a. Does Lawyer B(the guy that showed up) have an agreement with Lawyer A? Provide the document.
b. Does Lawyer A have a license to collect debt in TX? Provide the document?
c. Provide the agreement from Citibank and lawyer A. Does it provide permission to lawyer A to allow lawyer B to represent this case? 2. After receiving the interrogatory I need to submit my motion to dismiss (with Prejudice) to the Judge's office based on the following:
A. The Plaintiff has not produced any evidence that I owe the debt (Just a Citi statement that has my name on it that says the account is past due - No charges listed - And a notarized letter from a Citibank Rep assigning the debt to attorney A that says the debt is mine).
B. Anything I can find from my discovery that is out of sorts (like if there is no attorney agreement) I will submit stating that the Plaintiff's council is attempting to deceive the court.
C. Point out that the Plaintiff's lawyer is not prepared for this case, is not in possession of any tangible evidence, and that it does not exist. That I have been in contact with their office on several occasions and that they have been unhelpful and unresponsive. I will give the dates and the reps that I spoke with. *******************
Hopes & Dreams:
I hope that in light of the fact that I have requested a jury trial (which should make the Plaintiff's job much harder), and that there really is no evidence presented, that the judge will dismiss in my favor. Does anyone have advice on what else I should add, or a interrogatory that is similar to what I am filing that I could review as a template. Something that has had the names and identifying data taken out would be fine. I'll be posting more as this all develops. Blues Skies!
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