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

[ufgirl]

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?

 

[LdiJ]

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?

Unfortunately you cannot. The party that sues, can also ask for the case to be dismissed. That is what the attorney did, so there is no longer a case to argue. Yes, if you had filed any kind of counter-claim, then you would have had input on the dismissal. However, you did not. Obviously you did your homework and the attorney was unprepared to litigate the case and believed he would lose, OR the attorney didn't feel like it was worth his time to litigate the case.

Unfortunately, that also means that this is likely not over. The debt will probably get passed on to some other collection agency and will rear its head again.

 

[ufgirl]

Unfortunately you cannot. The party that sues, can also ask for the case to be dismissed. That is what the attorney did, so there is no longer a case to argue. Yes, if you had filed any kind of counter-claim, then you would have had input on the dismissal. However, you did not. Obviously you did your homework and the attorney was unprepared to litigate the case and believed he would lose, OR the attorney didn't feel like it was worth his time to litigate the case.

Unfortunately, that also means that this is likely not over. The debt will probably get passed on to some other collection agency and will rear its head again.

I did file a counterclaim with my Answer in the proper format. That's why I was so confused that I didn't get to argue it. I provided the case defense and offense for the judge prior to the trial.

Thanks for that reasoning behind the dismissal, explaining there was no longer a case to argue. Which makes perfect sense. But I was confused about why I couldn't try to get it Dismissed With Prejudice or discuss the counterclaim.

 

[LdiJ]

I did file a counterclaim with my Answer in the proper format. That's why I was so confused that I didn't get to argue it. I provided the case defense and offense for the judge prior to the trial.

A counter claim is where you also sue the opposing party. I don't think that is what you did.

Thanks for that reasoning behind the dismissal, explaining there was no longer a case to argue. Which makes perfect sense. But I was confused about why I couldn't try to get it Dismissed With Prejudice or discuss the counterclaim.

Again, I think that you filed an answer, but not a counter claim.

 

[ufgirl]

A counter claim is where you also sue the opposing party. I don't think that is what you did.



Again, I think that you filed an answer, but not a counter claim.

I did file a counterclaim. That is part of the reason why I was confused.

 

[LdiJ]

I did file a counterclaim. That is part of the reason why I was confused.

Ok, what was your counterclaim?

 

[ufgirl]

Ok, what was your counterclaim?

It was $15,000 for negligence.

Then I listed the reasons why they were negligent.

So, yes, yes, yes, in the Answer I did include a counterclaim and it was filed at the Magistrate Court. In Georgia, you include the counterclaim with your Answer.

 

[ufgirl]

A counter claim is where you also sue the opposing party. I don't think that is what you did.



Again, I think that you filed an answer, but not a counter claim.

I put the word "counterclaim" on my Answer and I don't know why you would assume I don't know what a counterclaim is.

 

[Zigner]

I put the word "counterclaim" on my Answer and I don't know why you would assume I don't know what a counterclaim is.

Right - you didn't actually file a "counterclaim" and, even if you did, it sounds like it would have been thrown out. This ain't Judge Judy

 

[ufgirl]

Right - you didn't actually file a "counterclaim" and, even if you did, it sounds like it would have been thrown out. This ain't Judge Judy

I did file a counterclaim. In my state, on the answer you include your counterclaim and reasoning as well. As far as being thrown out, they wouldn't tell you that? There is no reason to be rude.

 

[cbg]

It takes more to filing a counterclaim than to write the word "counterclaim" on your answer. If that's all you did, then you did NOT file a counterclaim. You may have thought you did, but you didn't.

 

[Ohiogal]

A) How were they negligent?
B) Did you prove proper venue/jurisdiction was before the court?
C) Did you establish that you were the proper person to bring suit?
D) Did you establish that you were suing the proper people?
E) Did you put enough information to properly lay your claim?

And what you believe is negligence? Because quite frankly that doesn't fit with DEBT. So I don't think you know what that means legally.

 

[single317dad]

If you feel that the case was dismissed in error, you should file a motion to set aside the decision. I doubt you'll get very far, for a couple of reasons: many courts don't take pro se debt litigators very seriously, and there's a very good chance you've made some procedural error (however large or small) that allowed the judge to toss your claim. I've had an FDCPA counterclaim dismissed exactly as you described (in a different state) and several valid motions completely ignored. On a couple of those I could eventually pinpoint my own error, but on others it just made no sense as I'd done exactly as attorneys in other cases had done (even going as far as copying their paperwork). Next time you've got a significant counterclaim, hire an attorney to pursue it, and threaten the other party with attorney fees if they refuse to settle. Welcome to the game.

 

[ufgirl]

I've had an FDCPA counterclaim dismissed exactly as you described (in a different state) and several valid motions completely ignored. On a couple of those I could eventually pinpoint my own error, but on others it just made no sense as I'd done exactly as attorneys in other cases had done (even going as far as copying their paperwork).

Thank you for clarification. I had also done exactly as an attorney had told me to file my counterclaim. It also made no sense to me not discussing it court. The judge must ignore them in some cases, like mine.

 

[ufgirl]

A) How were they negligent?
B) Did you prove proper venue/jurisdiction was before the court?
C) Did you establish that you were the proper person to bring suit?
D) Did you establish that you were suing the proper people?
E) Did you put enough information to properly lay your claim?

And what you believe is negligence? Because quite frankly that doesn't fit with DEBT. So I don't think you know what that means legally.

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.