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attended hearing - did i make a mistake?


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Posted by Pinklady (69.18.46.18) on July 27, 2004 at 12:05:29:

i attended hearing today. (check out my original posting titled being sued - can i win this case)

The plaintiff didn't appear. He called in sick right before the hearing.

Like WHYCHAT has advised, I prepared all my defenses in a blue binder, (with 10 exhibits including my credit report, all the codes and acts, copy of back of credit card bill, and an essay on why credit card agreement doesn't fall under 'written contract'. The judge said he will give a copy of everything in the blue binder to the plaintiff. He has 10 days to response and counterflight each defense i raise. I am kinda pissed before he knows all my defenses now and has 10 days to dig out whatever laws that might sound right to the judge. What a pussy cat to hide somewhere and not to fight face to face... sorry for the rudeness.

I will receive a ruling in the mail within 2 to 3 weeks. More waiting!

In the court, the judge has asked me one question though, he asked "did you sign a credit card agreement?" I paused.. not sure what to answer, then he asked again,"how did you get this card, did you sign an agreement?" I answered, "it was long time ago, i think i did sign a credit card application with Discover. However, a signed credti card "application" doesnt fall under the term "written contract" as I have explained in exhibit #9.

Did i say something wrong? should i have said, i don't remember I signed anything? even if i sign an application, it doesn't mean i owe the debt, right?

My advice: put all your arguments in the binder and present it to the judge. I thought it was silly to include 10 exhibits, but if i didn't do it, i would have no chance to raise my defense, since the plaintiff didn't even show up!!! if i have known this, i would have put more defenses in the binder, like Iowa SOL should be followed and why, tolling doesn't apply in the case... anything that the plaintiff would use to fight this case. Now, what i can do is just wait.


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