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: creditwrench 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 toFile 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.
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Posted By Creditwrench to All Experts Blog at 9/17/2008 08:41:00 AM