Trial day... Not allowed to talk to judge?

[Ohiogal]

First of all, when you file an answer in the state of Georgia, you file the counterclaim at that time, as I did, so none of your questions pertain to my case aside from A. Negligence is a common counterclaim in debt collection as they were negligent in following the FDCPA and in maintaining a chain of assignment. So, I don't think you know what negligence means legally.

Based upon what I read from someone on here, it seems sometimes the judge just throws them out and doesn't tell you.

First I get told I don't know what a counterclaim is, then I get told I filed incorrectly, then I get told I don't know what negligence is.

Let's pretend for a moment, in your minds, that I did everything correctly (which I in fact did) and ask yourself why a judge would not mention the counterclaim or give me an opportunity to argue it when I went in on my trial date. All they did was let me talk to the attorney in a room and then I got the dismissal.

I don't know what negligence means legally? You are a hilarious ignorant child. Yeah, all of my questions PERTAIN. Because your counterclaim has to include all that. Your ignorance has sunk you. You didn't do everything correctly. You didn't do it correctly at all. I guarantee you screwed up. But continue in your black hole of ignorance. Careful though -- black holes are not known for containing a lot of oxygen. They are a vacuum. Can we guess what else is here? Hmmmmmm...

 

[Proserpina]

First of all, when you file an answer in the state of Georgia, you file the counterclaim at that time, as I did, so none of your questions pertain to my case aside from A. Negligence is a common counterclaim in debt collection as they were negligent in following the FDCPA and in maintaining a chain of assignment. So, I don't think you know what negligence means legally.

Based upon what I read from someone on here, it seems sometimes the judge just throws them out and doesn't tell you.

First I get told I don't know what a counterclaim is, then I get told I filed incorrectly, then I get told I don't know what negligence is.

Let's pretend for a moment, in your minds, that I did everything correctly (which I in fact did) and ask yourself why a judge would not mention the counterclaim or give me an opportunity to argue it when I went in on my trial date. All they did was let me talk to the attorney in a room and then I got the dismissal.

Letting your snark go for a second, how about we reverse things a bit?

Somebody somewhere obviously didn't follow the correct procedure.

(Which goes something like... this: http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2010-13%20answer%20counterclaim%20of%20defendant.pdf )

I think you'll find that the reason your attorney had a hissy fit is because one of you made an error so egregious that it could actually lead to penalties against your attorney at worst.

It really is coming across as the judge actually gave you a break rather than rule against you on a technicality and forever bar you from further action.

Perhaps you should be happy with that result. Perhaps you may wish to review what you've said on this thread - if you carried on there like you are here, well, your attorney's frustration would be understandable.

 

[Ohiogal]

Letting your snark go for a second, how about we reverse things a bit?

Somebody somewhere obviously didn't follow the correct procedure.

(Which goes something like... this: http://www.georgiacourts.org/councils/magistrate/public%20forms/mag%2010-13%20answer%20counterclaim%20of%20defendant.pdf )

I think you'll find that the reason your attorney had a hissy fit is because one of you made an error so egregious that it could actually lead to penalties against your attorney at worst.

It really is coming across as the judge actually gave you a break rather than rule against you on a technicality and forever bar you from further action.

Perhaps you should be happy with that result. Perhaps you may wish to review what you've said on this thread - if you carried on there like you are here, well, your attorney's frustration would be understandable.

Psst.. it wasn't HER attorney in a room. It was the attorney for the creditor because this one is PRO SE. But she knows she did it correctly. She has no one to blame but herself. Oh and I don't know what negligence means PER HER.

 

[Proserpina]

Psst.. it wasn't HER attorney in a room. It was the attorney for the creditor because this one is PRO SE. But she knows she did it correctly. She has no one to blame but herself. Oh and I don't know what negligence means PER HER.

Oh jeez... then I shall amend my response somewhat.

Girl, ya messed up. The judge cut you a MAJOR break. Evidently at least 2 out of the 3 people concerned recognized there was an error - their attorney, and the judge.

 

[cbg]

She's trying to tell a licensed attorney that she doesn't understand what is meant by negligence legally?

Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha

 

[Proserpina]

She's trying to tell a licensed attorney that she doesn't understand what is meant by negligence legally?

Hahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahahaha

I'm still waiting to see exactly what was counterclaimed.

And no, this OP doesn't truly understand what "negligence" and "counter-claim" actually mean as they pertain to debt collection practices.

We shall see

 

[ufgirl]

I explained what the counterclaim was above. You are all very rude people and was only seeking some help. Don't bother replying. All you do is insult me. I followed the rules regarding the counterclaim. I contacted an attorney regarding the answer and counterclaim paperwork and it was done correctly.

All I wanted to know is why I wasn't allowed to talk to the judge. Not one person even answered that. Even if I just filed an answer and wanted to fight to win and not have it dismissed without prejudice, the court did not allow me to do that even though at the start of court the judge said if we couldn't come to a resolution, we would be able to go before the judge.

Enjoy your negative lives, being nasty on the internet behind your computers.

 

[Silverplum]

I explained what the counterclaim was above. You are all very rude people and was only seeking some help. Don't bother replying. All you do is insult me. I followed the rules regarding the counterclaim. I contacted an attorney regarding the answer and counterclaim paperwork and it was done correctly.

All I wanted to know is why I wasn't allowed to talk to the judge. Not one person even answered that. Even if I just filed an answer and wanted to fight to win and not have it dismissed without prejudice, the court did not allow me to do that even though at the start of court the judge said if we couldn't come to a resolution, we would be able to go before the judge.

Enjoy your negative lives, being nasty on the internet behind your computers.

Yes, your questions WERE answered.

 

[tranquility]

All I wanted to know is why I wasn't allowed to talk to the judge.

Because,

The bailiff approached me a few moments later and handed me a piece of paper with "Dismissal Without Prejudice." I asked about the judge but the bailiff kept saying it was dismissed.

thus making any additional discussion moot.

Now, you claim you did a proper counterclaim. The judge obviously felt you did not, otherwise your suit would be continuing. So, while you say you had made a valid counterclaim, the judge in your case disagreed.

If you disagree with his opinion, you either ask him to reconsider or you appeal.

 

[Jeran]

I live in Georgia. I received a Statement of Claim so I filed an answer and received my trial date. After weeks of preparation and research, I get to court and the lawyer took me to a room to try to negotiate. I stuck to my guns and denied owing them the debt and to show me the chain of assignment.

All of a sudden, fastasthat, the lawyer stormed out of the room saying something about attorney's fees and how I will have to pay them if it goes to court. He said it rapidly as he was walking out the door (then slammed it in my face- I know you don't need to know that, but I felt like sharing), not even mentioning anything about a dismissal. The attorney gathered his things and left the courtroom with not a word to me.

The bailiff approached me a few moments later and handed me a piece of paper with "Dismissal Without Prejudice." I asked about the judge but the bailiff kept saying it was dismissed.

How come I couldn't appear before the judge to present my case and make a motion to Dismiss With Prejudice? Is that something I needed to do before court? Now, they can re-file and that just doesn't seem fair if I didn't get my day in court to begin with. Can someone explain how I can go to court and not be able to present my case to the judge?

They just really cannot stand it when a debtor stands up to them and fights back.

From my vast experience with debt collectors coming after me, their main weapons seem to be annoyance, bluffing, and intimidation.

 

[Jeran]

I explained what the counterclaim was above. You are all very rude people and was only seeking some help. Don't bother replying. All you do is insult me. I followed the rules regarding the counterclaim. I contacted an attorney regarding the answer and counterclaim paperwork and it was done correctly.

All I wanted to know is why I wasn't allowed to talk to the judge. Not one person even answered that. Even if I just filed an answer and wanted to fight to win and not have it dismissed without prejudice, the court did not allow me to do that even though at the start of court the judge said if we couldn't come to a resolution, we would be able to go before the judge.

Enjoy your negative lives, being nasty on the internet behind your computers.

I'll answer it from my perspective and from my own opinion-- the reason the judge did not want to hear what you have to say is that judges were once attorneys themselves and many of them (not all of them) do not like it when some average person represents themselves in court.

 

[Just Blue]

I explained what the counterclaim was above. You are all very rude people and was only seeking some help. Don't bother replying. All you do is insult me.



Enjoy your negative lives, being nasty on the internet behind your computers.

Perhaps this attitude is why the Judge doesn't want to "talk" to you?

 

[Proserpina]

They just really cannot stand it when a debtor stands up to them and fights back.

From my vast experience with debt collectors coming after me, their main weapons seem to be annoyance, bluffing, and intimidation.

One could always pay ones bills as promised, lest they become entrapped by Dr. Evil.

Easier to avoid than fix.

Your posts on this thread seem to be coming a wee bit close to derailing the train just to get your point across.

 

[Just Blue]

They just really cannot stand it when a debtor stands up to them and fights back.

From my vast experience with debt collectors coming after me, their main weapons seem to be annoyance, bluffing, and intimidation.

One has to wonder if OP should follow advice from a person with VAST EXPERIENCE with not paying bills. Hum...

Oh! I just love the profile page as well!

 

[Proserpina]

One has to wonder if OP should follow advice from a person with VAST EXPERIENCE with not paying bills. Hum...

Oh! I just love the profile page as well!

Oh that's just marvy.

And not really something you want to be bragging about...