Attorney for Citi LIES TO COURT ON CERTIFICATE OF SERVICE, NEED ADVICE

[tobee43]

EXACTLY ! But... actually my question is: What would happen if I send out a 'Certificate of Service' to Plaintiffs attorney SUPPOSENTLY the day before the hearing date letting them know that I am cancelling the hearing...oh, and yes, don't actually send the thingy out until the day after the hearing .....yah, right...does not take too much brainstorming on that scenario....lol

yes, there is NO way in the any of the court proceedings that i could ever recall in the firms i worked with that it was allowable for any defentant; unless it was for medical reasons. ( and actually, i never even saw that happen, come to think about it).

[LadyInTheRed]

i have to laugh lady...i know you never been to jersey!!! maybe many courts allow it, but many don't its just a onesided situation and usually only in favor of the atty's . you have to remember you are in a fairly "fair" and state.

I know rules vary by state. They also vary within states and even within court. Some judges will allow telephonic appearances and some will not. That's why I said "many" courts.

The point is, it is not a shock that an attorney would be allowed to make a telephonic appearance. And unless there are back door deals going on, which I am sure does happen, all parties must follow the same rules, whether an attorney or a pro-se party.

[tobee43]

i'm voting for the back door deal. (call me skeptical if you must) wish i didn't think that way, but experience has shown me there is more of that going on that what should be happening.

i have to say only because i tell stories about some of the court situations i have seen to my brother in law who is a superior court judge in the bay area and he's in disbelief! always responding with "that would never fly here in california" especially in my court!

well, in nj judges are appointed for life they don't have to run for office, like in calif, so they just do whatever they want with their good ole buddies...(the attys). i'm not saying they are ALL that way in nj. but, it is really bad.

[GoingDown]

I know rules vary by state. They also vary within states and even within court. Some judges will allow telephonic appearances and some will not. That's why I said "many" courts.

The point is, it is not a shock that an attorney would be allowed to make a telephonic appearance. And unless there are back door deals going on, which I am sure does happen, all parties must follow the same rules, whether an attorney or a pro-se party.

Whatever happened to the notion of Equal Treatment Under The Law?

Why can't a pro se defendant in a lawsuit make a telephonic appearance?

[justbroke]

Why can't a pro se defendant in a lawsuit make a telephonic appearance?

They can make telephonic appearances. I know that I can. You just need to know how to schedule it through the Courtroom deputy.

[NJLawyer]

Generally when you seek an adjournment in NJ the Court will first ask if you have your adversary's consent. If you do, they will usually put it off. If you don't, the Clerk will usually inquire about the adjournment request and why it was not agreed to and then the Judge will decide whether it should be adjourned. In most cases, especially a summary judgment motion, the courts will adjourn on consent in order to give the parties an opportunity to resolve the issues. Usually in last minute adjournment requests, the Court will require that you call the adversary to let them know (such as where the hearing is on Monday and the adjournment is granted Friday afternoon.) I would seek sanctions against the other attorney. Also in NJ, the Judges will generally put off the hearing for 2-4 weeks. If you want it put off longer, they usually will tell the attorney to withdraw and then refile.

[tobee43]

Generally when you seek an adjournment in NJ the Court will first ask if you have your adversary's consent. If you do, they will usually put it off. If you don't, the Clerk will usually inquire about the adjournment request and why it was not agreed to and then the Judge will decide whether it should be adjourned. In most cases, especially a summary judgment motion, the courts will adjourn on consent in order to give the parties an opportunity to resolve the issues. Usually in last minute adjournment requests, the Court will require that you call the adversary to let them know (such as where the hearing is on Monday and the adjournment is granted Friday afternoon.) I would seek sanctions against the other attorney. Also in NJ, the Judges will generally put off the hearing for 2-4 weeks. If you want it put off longer, they usually will tell the attorney to withdraw and then refile.

with all due respect, and maybe i even worked for you ....but that's YOU (lawyer...atty...degree in hopefully english LOL!! plus a juris doctorate (J.D.) not the pro se regular person...although you worded it so perfectly as to the way it actually should go. my question is how long have you practiced in nj? i'm certain long enough to know that most people off the street have little chance of winning over the judge whether they are legally correct or not.

[tobee43]

They can make telephonic appearances. I know that I can. You just need to know how to schedule it through the Courtroom deputy.

jb that may be here in florida. and i believe every word you have ever said. i just know in other jurisdictions in different states, things are unfortunately, not what they should be..and are in fact different. they unfortunately do not go by the letter of the law. even if you site the law the judge will chose to interrupt the law and fit what ever the apposing atty argues. sad, but true.

[LadyInTheRed]

jb that may be here in florida. and i believe every word you have ever said. i just know in other jurisdictions in different states, things are unfortunately, not what they should be..and are in fact different. they unfortunately do not go by the letter of the law. even if you site the law the judge will chose to interrupt the law and fit what ever the apposing atty argues. sad, but true.

The case that is the subject of this thread IS in Florida. If we try to answer people's questions based on the assumption that judges don't follow the law, it will be impossible to help anyone. Let's get this thread back on topic.

[tobee43]

I know rules vary by state. They also vary within states and even within court. Some judges will allow telephonic appearances and some will not. That's why I said "many" courts.

The point is, it is not a shock that an attorney would be allowed to make a telephonic appearance. And unless there are back door deals going on, which I am sure does happen, all parties must follow the same rules, whether an attorney or a pro-se party.

i very much agree. we can apply what i wrote really to any state really. although here in florida, the courts are changing rapidly and the same answer may be applicable.

[OHBOY]

Generally when you seek an adjournment in NJ the Court will first ask if you have your adversary's consent. If you do, they will usually put it off. If you don't, the Clerk will usually inquire about the adjournment request and why it was not agreed to and then the Judge will decide whether it should be adjourned. In most cases, especially a summary judgment motion, the courts will adjourn on consent in order to give the parties an opportunity to resolve the issues. Usually in last minute adjournment requests, the Court will require that you call the adversary to let them know (such as where the hearing is on Monday and the adjournment is granted Friday afternoon.) I would seek sanctions against the other attorney. Also in NJ, the Judges will generally put off the hearing for 2-4 weeks. If you want it put off longer, they usually will tell the attorney to withdraw and then refile.

Kindly clue me in as to what general format I should use to approach the court to seek sanctions against the plaintiffs attorney.
Please keep in mind that I am an absolute layman at all of this and that I very much appreciate any input as to how to proceed, specifically how to basically word the request to the court.
Also, would you ask for specific sanctions or leave it open ended ?

[AngelinaCat]

I think you will have to specify sanctions, and it is going to be a dollar amount. I don't know how to assign these things, but from a couple of our situations, I know that sanctions, plus attorneys fees were charged against the attorney who got sanctioned. The attorney fees were for recompense for our attorney, who charged $200.00 per hour, and he spent, say, six hours on the case. That makes a total of $12,000.00 in attorney fees alone. I do not remember the dollar amounts for the actual sanctions.

Whether you as a pro se person can collect anything remotely resembling Attorney fees, I do not know. But as I said before, you rime IS worth something, or should be. Perhaps Justbroke can add more help here.

[justbroke]

Whether you as a pro se person can collect anything remotely resembling Attorney fees, I do not know. But as I said before, you rime IS worth something, or should be. Perhaps Justbroke can add more help here.

Unless the pro se person is a practicing attorney, most jurisdictions do not all the pro se to charge for "hours". However, if the pro se individual took time off from work -- whether or not it was paid leave from the job -- the pro se individual can request "fees" equivalent to a day's pay (or the time they took away from work). When I go into the Bankruptcy court, it usually take me away from work the entire day (since I travel for work).

You also can ask for "actual" damages which would include the costs for production of the Motion for Entry of Order to Show Cause and for Sanctions. That would include postage, copying, fax costs, etc. I keep track of EVERYTHING I mail and the costs associated with the mailing -- well, at least for items related to my bankruptcy.

[OHBOY]

Unless the pro se person is a practicing attorney, most jurisdictions do not all the pro se to charge for "hours". However, if the pro se individual took time off from work -- whether or not it was paid leave from the job -- the pro se individual can request "fees" equivalent to a day's pay (or the time they took away from work). When I go into the Bankruptcy court, it usually take me away from work the entire day (since I travel for work).

You also can ask for "actual" damages which would include the costs for production of the Motion for Entry of Order to Show Cause and for Sanctions. That would include postage, copying, fax costs, etc. I keep track of EVERYTHING I mail and the costs associated with the mailing -- well, at least for items related to my bankruptcy.

Well, I guess that shoots down the idea of going after sanctions. I am retired/did not take off work, and I had to travel a distance of 10 miles each way. Also there would be no costs involved other than sending a 'Certificate of Service' via certified mail.... oh yah, maybe 60 cents copying costs (lol).......too bad.......

[NJLawyer]

Tobee,

I have done this for 25 years, so I'm sure our paths have crossed (LOL). I'm just stating my experience. It has always worked this way for me. I'm sure judges have often nailed pro se's, but I have also seen them bend over backward to help pro se's. I have a client who likes to do litigation by himself and he just asks me to review his papers. He believes he has a pro se advantage, but he has taken the time to familiarize himself with the Court system and his knowledge comes through in his papers. Judges may give him a little more respect. And, having lived in Jersey for 43 years, I am certainly aware that our state slogan should be "New Jersey-Our Corruption is Better than Yours."

Ohboy,

I think Justbroke is right on point in his reply. However, when your motion does get back into Court, you should mention it at the hearing. I had a similar situation a few years ago (both with lawyers). I filed an eviction case and Legal Services came back with a 50 page complaint against my client. The judge was furious that the other attorney didn't let me know Friday afternoon for a Monday morning matter. Unfortunately, since you really have little damages filing a motion would probably be a waste of time. However, if you get in front of a friendly judge, bring it up during your oral argument. He may make the attorney pay something for his lack of consideration.