What happened at court this morning
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Posted by helloyo
(166.84.200.25) on July 21, 2004 at 12:06:26:
Hello all, About 5 weeks ago I placed a post requesting advice on my upcoming court date. Thanks again to those kind people who answered with advice. This New York state resident is the defendant in a case in which Discover is the plaintiff, and they are represented by COHEN & SLAMOWITZ, a law office/debt collector (CA). Once the defendant appears at court to answer the summons notification of being sued, a copy of my "Answer" to the summons, on the court legal form is supposed to be mailed to the plaintiff (attorney firm representing Discover). As part of strategy, I thought it would be good to wait until shortly before the court date to send the form, which would give them less time in considering how to plan to argue against me. The result of this is that at the actual court date this morning, the attorney claimed they never received the copy I sent to them on Thursday afternoon of last week. It was sent by regular mail. When the judge requested to see a copy, he read my answer and noted that there is a counterclaim for $10,000. The attorney requested an ajournment/postponement of the case, as she claimed that now it is going to be necessary to do "discovery" being that there is a counterclaim for 10,000 dollars. The judge granted her request, and 10/4/04 is when it was postponed to. THE LESSON HERE might be: considering other things that could happen. I did not consider the possibility of a request for postponement. What happened at court this morning is not necessarily good or bad for me. It might not have much impact on my plans about the case. I was blessed to see at least one of the papers that she was going to use in her argument, as she started her turn before requesting the adjournment. Another lesson learned is: while at first I was not trying to see the papers she was holding, when I realized that I could, I did. And you should be aware of any opportunity to view what papers they (your adverseries in court) have that they plan to use in arguments against you, and view them if you can, preferably without them knowing you have done so. Success to all the kind people who have helped with advice.
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