Right to a Jury Trial

[sbmcg]

What is the name of your state? FL

I just received a Notice for Non-Jury Trial after a six month lapse in communication from the plaintiff's attorney.

Background Information:
I am being sued for credit card debt in Circuit Court, Civil Division. The last interaction was in November 2007 for the hearing on the Plaintiff's Second Motion for Summary Judgment. The Plaintiff was denied the First and Second Motion. Also, in my initial Answer I requested a Trial by Jury.

My questions are what is my recourse to the notice and is a response necessary? Can I file some sort of objection to the Notice?

Thank you in advance.

[debtcollector`]

1. You need an attorney.
2. You really should re-think the jury trial. If I had to sit through a day in court on jury duty because you can't pay your bills, I'd slam you.

DC

[sbmcg]

Originally Posted by debtcollector`

1. You need an attorney.
2. You really should re-think the jury trial. If I had to sit through a day in court on jury duty because you can't pay your bills, I'd slam you.

DC

I'm very disappointed in the quality of the advice given on this forum recently. I have posted questions here before and been given solid advice from professionals who understand the purpose of why this forum is here. Now it appears the only responses being given are "You need an attorney" or unhelpful comments as above.

If there is anybody else who would like to give helpful advise besides "Get an attorney" I would be grateful for any information you can provide.

[Zigner]

Originally Posted by sbmcg

I'm very disappointed in the quality of the advice given on this forum recently. I have posted questions here before and been given solid advice from professionals who understand the purpose of why this forum is here. Now it appears the only responses being given are "You need an attorney" or unhelpful comments as above.

If there is anybody else who would like to give helpful advise besides "Get an attorney" I would be grateful for any information you can provide.

Ok, how about this...

Don't get an attorney, they're overrated anyway.
Request a jury trial - I'm sure the jury (once seated) would love nothing more than to hear your story.

[seniorjudge]

Originally Posted by debtcollector`

1. You need an attorney.
2. You really should re-think the jury trial. If I had to sit through a day in court on jury duty because you can't pay your bills, I'd slam you.

DC

Excellent, timely, accurate advice.

In fact, it is the ONLY answer.

[seniorjudge]

Originally Posted by Zigner

Ok, how about this...

Don't get an attorney, they're overrated anyway.
Request a jury trial - I'm sure the jury (once seated) would love nothing more than to hear your story.

And, you should add, when you lose, you will be hit with a huge court cost bill.

[sbmcg]

I'm very confused at the animosity being shown here. I am in the middle of a dispute. which is being adjudicated according to our laws. I am well with in my rights (morally, ethically, and legally) to contest an action I feel is unjust and potentially illegal.

The comments that have been given so far are, in my opinion, in poor taste. I am very aware that an attorney would be the best choice in my situation, but I cannot afford one at this point in time and I am trying to better myself by learning as much as I can to defend myself properly against an unjust law suit. If past hearings are any indication of whether I am some loser or actually being unjustly sued, then I believe the presiding Judge has agreed with my interpretation of the laws and given me justification for moving forward with my defense.

Again, if anyone is willing to share their knowledge with me I am grateful.

[seniorjudge]

Again, if anyone is willing to share their knowledge with me I am grateful.

I am very willing to share. Read on.



Q: I'm very confused at the animosity being shown here. I am in the middle of a dispute. which is being adjudicated according to our laws. I am well with in my rights (morally, ethically, and legally) to contest an action I feel is unjust and potentially illegal.

A: You are certainly able to contest this. I don't know if you owe anything or not (and I don't care). What we have been trying to tell you is that you will never be able to sell your story to a jury. Do you know what jury instructions are? If so, post your proposed jury instructions.

As we've been trying to tell you, you are trying to sell this story to the jury: "I didn't pay my bills and I want you fine people to tell the judge that it's okay that I didn't pay my bills." Ain't no jury going to buy that.


Q: The comments that have been given so far are, in my opinion, in poor taste. I am very aware that an attorney would be the best choice in my situation, but I cannot afford one at this point in time and I am trying to better myself by learning as much as I can to defend myself properly against an unjust law suit. If past hearings are any indication of whether I am some loser or actually being unjustly sued, then I believe the presiding Judge has agreed with my interpretation of the laws and given me justification for moving forward with my defense.

A: The comments that have been given so far are accurate and legal. But they will look like warm and fuzzy lullabies when you get in court. If you think you can convince a judge, then go for it. We are saying, kill the jury idea.

[Texas Pooh]

My questions are what is my recourse to the notice and is a response necessary? Can I file some sort of objection to the Notice?

The reason you need an attorney is because questions like this are far too complicated to be answered in a simple post. Not only are there procedural issues to be addressed, but there are strategic decisions to be made. That can't be condensed into yes or no answers, and require considerably more information that what you have posted (what does your credit card agreement say? Did you pay the jury fee?, just for starters). I'm all for people educating themselves about their legal rights in order to make informed decisions about what advice they are being given, but at some point trained, experienced legal professionals are required. There's a reason it takes years of hard study to become a lawyer and years of experience to become a good one.

Preparing for a jury trial requires an attorney. Can you draft motions in limine? Can you do jury questions? Do you know how to conduct voir dire? Exercise pre-emptory challenges? Any clue about how to challenge evidence or preserve an error for appeal?

Frankly, pro se defendants should always go with a bench trial. Most judges are going to bend over backwards to protect a pro se party.

[Zigner]

I am absolutely ashamed! This OP is NOT looking for accurate information. Rather, this OP is looking for us to support him in his efforts, right or wrong!
Pffttt...accurate advice - who needs it!

[seniorjudge]

Originally Posted by Zigner

...
Pffttt...accurate advice - who needs it!
...

Pffttt???

Is that what Mary's censoring machine turns Pffttt into?

Dang...did it again.

That's a good censoring machine!

[Debt Guy]

Frankly, pro se defendants should always go with a bench trial. Most judges are going to bend over backwards to protect a pro se party.

As one who has been there, I absolutely agree. You've posted no details of your case. Regardless, it would hard for me to imagine a situation where you would not get a better shake with a bench trial.

I would not have a clue how to do what you are attempting. If you cannot afford and attorney, perhaps you could find assistance through legal aid. Sometimes law schools will have a legal clinic where you can get guidance.

[sbmcg]

I understand what has happened now. I was not asking you to condone or support my defense, hence the lack of information I provided. I may not have worded my questions correctly.

My questions are:

1. Is a response necessary for the Notice of Non-Jury Trial?
2. If I can oppose the Non-Jury Trial, what legal form do I use?

These were and are my questions.

Texas Pooh,
Thank you for your informative post. I have done a little research regarding pursuing my right to a jury trial, but after reading your post I understand I have not done nearly enough. Regardless of my strategy, your post has highlighted my lack of knowledge regarding preparation for a jury trial. Wonderful post and thank you again.

seniorjudge,
You are under the assumption that I am disputing a debt. This is inaccurate and is my fault for not clarifying this from the beginning. I did not disclose exactly what this dispute is concerning, not did I disclose my strategy, because this is a public forum. You jumped to a conclusion and assumed "I didn't pay my bills and I want you fine people to tell the judge that it's okay that I didn't pay my bills." This is not the case and I would be ashamed if this really was my strategy.

To all,

I apologize for attacking the quality of the posts and advice given. I felt attacked and reacted. This is never a good choice. The decision to represent oneself pro se is never a wise idea and deems one an idiot for doing so. It is an uphill battle all the time. Being behind the curve is never easy to do, but it is always much more difficult when legal action is involved. The stress and pressure caused me to lash out and I apologize.

[debtcollector`]

Originally Posted by sbmcg

My questions are:

1. Is a response necessary for the Notice of Non-Jury Trial?
2. If I can oppose the Non-Jury Trial, what legal form do I use?

To all,

I apologize for attacking the quality of the posts and advice given. I felt attacked and reacted. This is never a good choice. The decision to represent oneself pro se is never a wise idea and deems one an idiot for doing so. It is an uphill battle all the time. Being behind the curve is never easy to do, but it is always much more difficult when legal action is involved. The stress and pressure caused me to lash out and I apologize.

Fair enough.

I think the problem you are about to run into is that your situation is quite complicated and without having all the information, few attorneys are going to want to advise you as the advice may result in being incorrect. And the lay people that may try to answer your how-to questions probably won't really know what they are doing. For example, when I say you don't need a standard form, but rather you need to draft a motion -- that is the opinion of an uninformed layperson and you would take that advice at extreme risk to yourself.

Given what you are asking, you really need to hire an attorney locally -- if only to advise you on local procedures and review your docs before filing.

DC

[seniorjudge]

Originally Posted by sbmcg

...

seniorjudge,
You are under the assumption that I am disputing a debt. This is inaccurate and is my fault for not clarifying this from the beginning. I did not disclose exactly what this dispute is concerning, not did I disclose my strategy, because this is a public forum. You jumped to a conclusion and assumed "I didn't pay my bills and I want you fine people to tell the judge that it's okay that I didn't pay my bills." This is not the case and I would be ashamed if this really was my strategy.

...

I am being sued for credit card debt in Circuit Court, Civil Division. The last interaction was in November 2007 for the hearing on the Plaintiff's Second Motion for Summary Judgment. The Plaintiff was denied the First and Second Motion. Also, in my initial Answer I requested a Trial by Jury.


Sounds like disputing a debt to me!