| Process of hearing vs trial. | |
| Question: | I haven't been served yet, but its coming any day. I can get on the internet and see the hearing is scheduled for October 15Th. Once I get served by the process server i will immediately file a graduated denial. The quesion I have is , When dO I ask for discovery?? I want to know how they came to the amount they say i owe, are they authorized to collec the debt, past invoices, etc etc etc. If I go to the hearing and deny the debt, can I then ask for Discovery or a trial at that time? Or is this first hearing the time where my fate is going to be sealed. I just dont want to show up and teh judge not allow me request the documents I deserve to see to validate the debt. Can I ask for a extension at this time? Thanks for your help. |
| Answer: | Send all your discovery requests to the plaintiff's attorney at the same time you send your denial. The plaintiff's attorney will be likely to object to or deny or refuse to answer as many of your requests as possible. If they don't object, deny or refuse to answer any question or demand you might want to File a Motion to Compel and set it for hearing. Support your motion with a memorandum, showing why the judge should compel production. At the hearing ask the court to enter an Order Compelling Production, giving the other side a set period of time to respond. If the judge refuses to do that you might try to demand that the judge recuse himself/herself. If you do the judge is likely to deny that too. If so then ask for an in camera hearing on the recusal demand. That is likely to get denied too. If so you will have to move to the next steps in getting the judge recused. Getting a judge recused isn't all that hard to do but it does take time and know how. You must understand the process and follow all the steps, taking it to the appellate level if necessary. If they don't obey the second order, file a Motion for Contempt and set it for hearing. At the hearing, if your opponent has not yet produced what he was ordered to produce, the judge will probably have him jailed on the spot and kept in jail until the documents are produced. If he isn't jailed immediately, the judge may give him a few hours to comply before issuing an arrest warrant. The goal of every lawsuit is a judgment or other court orders that favor your cause. The power of a judge's pen to order civilian law enforcement officers to take your opponent into custody if he disobeys the court's orders is your power to win! You can make our American legal system work for you. Once you know how to play your cards the right way. The only real hurdle to getting your way is having the fortitude to stand up and say the right things at the right time and in the right way. Know the law and how to use it isn't rocket science. Anyone can do it. Anyone can also learn how to take the lawyer and his client to federal court and win there. Federal court is much less stressful because you will almost never have to actually see the inside of a federal courtroom. Most cases are handled over the internet, by phone or by email so it is much less stressful that way. RECOMMENDED READING |
 | |
Subscribe to Creditwrench |
- FDCPA EXPERT
- Reverse phone number look up
- www.creditwrench.com/howjudgmentswork.html
- www.creditwrench.com/18questions.html
- http://shrinkmylink.com/kmlqson
- www.creditwrench.com/objections.html
- www.creditwrench.com/howcreditwrenchworks.html
- List of community property states
- How to answer a summons
- Mike JM tells about his experiences in federal court
- Mike JM tells about Greentree Financial case.
- Listen to this student tell how he got $10,000 from a federal case against Capital One
- http://shrinkmylink.com/xsjqson
- Mark in Rhode Island gets settlement offer
- Statute of Limitations for all states
- How to set up your hard drive for creditwrench files.
Makes them easy to find.
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.
Dial-in Number: (712) 432-1601
Access code: 508548#
You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.
__________________
Try this great new search engine!
It pays you cash money for every search you do!
How about a search engine on steroids? It acts like an RSS feed for most other search engines. Between these two you shouldn't ever need anything else. Use these two for all your searches. You will be glad you did.
Addictomatic Search engine
This Sigline updates constantly! Try it!
Creditwrench - The lethal weapon against debt collectors
ceo@creditwrench.com
Creditwrench Blog
(405) 237-2174- CALL ANYTIME
(405) 684-9297 FAX NUMBER
(405) 227-9423 - CALL ANYTIME
(405) 384-4508 - CALL ANYTIME
If you click on the banner below and sign up you get $10.00 cash money just for signing up. It is another payment service just like Paypal but much better. Give it a try. You have nothing to lose and at least $10.00 to gain.
If you liked this article please consider a small donation to the author. You can sign up and get the $10 cash and use a buck or so to tip the author with. Costs you nothing that way.
FDCPA
Before you go, stop and think about this. Its all about fighting poverty. Although we may go through our daily routines without realinzed it, the number of homeless people is growing rapidly. While many of the homeless have drug or alchol problems many are simply people who are homeless because of mortgage foreclosures and other financially related problems. I have armed you with a great deal of information about how to deal with debt collectors who can easily beat you out of your hard earned cash and make you the next victim of poverty. Help fight poverty (yours) by keeping your cash in your pocket. Creditwrench teaches you how to do exactly that.
