Re: Court appearance What a waste of time!!

Posted by Boadicea (66.149.179.202) on August 11, 2004 at 18:25:55:

In Reply to: Re: Court appearance What a waste of time!! posted by qutgnt on August 11, 2004 at 16:11:24:

That is correct. My answer and supporting documents (exhibits) were about 40 pages. The folder she had for me was only THREE pages at pre-trial. That was in spite of the fact that she'd personally signed and filed an answer to my answer, in which she used the single word "Denied" for each of my affirmative defenses.

Then she played stupid and asked me how much I was agreeing to make in installment payments. When I let her know under no circumstances was I agreeing to pay anything, she got extremely flustered. Tried to argue that the SOL was 10 years for a credit card. She asked me if I was contesting the action, and I had to bite my tongue to keep from saying "DUH, lady...what do you think when you get a 5-page answer contesting your claim?" But I didn't say it.

On trial date, she returned with my folder with only two pages in it. She had no intention of going to trial, obviously, and was only hoping I wouldn't show up so she could get a default judgment. Again, she asked me to go outside with her, at which point I told her I had nothing to say to her. When we stood before the court, she immediately said that they were dismissing the case and congratulated me for winning.

I was too stunned to think straight, or I'd have asked for sanctions against the CA. To be honest, I was mildly disappointed and angry because my adrenaline was pumping and I was ready to mop the floor up with her. Being something of a passivist by nature, that caught even me by surprise. :-)

Don't send them the answer again. As long as you sent it certified and have your receipt, you are fine. Don't expect a peep out of them between now and then, either, if they're anything like Midland. They're hoping you'll relax and forget the court date.

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