Re: What to say in court.
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Posted by Boadicea
(66.149.179.202) on August 08, 2004 at 19:28:32:
In Reply to: What to say in court. posted by qutgnt on August 08, 2004 at 19:08:33:
You filed your answer, right? Try to say as little as possible that isn't already spelled out in your answer. Reiterate what is in the answer for the benefit of the court, because the judge almost never reads the answer before you're called up. Try not to stray too far from your answer, because that's where you're most likely to trip up. Letters negotiating terms of a settlement (which is never subsequently accepted) are not admissible in most courts. I believe there is a statute in IL that states such, but I can't remember it right off. If they try to bring one up, then object on the grounds that it was an offer of settlement that was not accepted. (There must be offer and acceptance for terms to be legally binding.) And even a settlement doesn't mean that you were ever legally bound to the account in the first place. I've not seen a CA attorney bring one up in the cases I saw, and I heard the defendants say they wrote them letters of offer. So I think you're safe from that letter (unless all you did was essentially admit it was yours). Demanding a signed copy of an agreement right off the bat may not be your best approach. See what they bring up first, then attack each piece of evidence as it comes up. If it's an affidavit, attack it and try to get the judge to strike it. But if Sherman acts as it did with the defendants I saw, they will fold as soon as they see you've shown up for trial. Good luck!
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