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Court Circus

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A

aratski

Guest
What is the name of your state? CO

This suit is in UT jurisdiction. Bottom line, we have a judgement against a person(started in small claims, ended up in District Court). Filed a judgement with the courts, judge signed and we sent off. Defendant filed a motion to set aside, 34 days after we mailed the judgement. We filed a counter motion to his motion, they filed a counter of our counter. What do we do from here? We are doing this solo without representation. Court clerks say the judge can't rule on anything unless one of us has an order attached. Also the defendants attorney has not asked the judge for another hearing, he's just filing a motion to set aside. What's going on and how do we put an end to this 3 ring circus??

Confused
 


HomeGuru

Senior Member
aratski said:
What is the name of your state? CO

This suit is in UT jurisdiction. Bottom line, we have a judgement against a person(started in small claims, ended up in District Court). Filed a judgement with the courts, judge signed and we sent off. Defendant filed a motion to set aside, 34 days after we mailed the judgement. We filed a counter motion to his motion, they filed a counter of our counter. What do we do from here? We are doing this solo without representation. Court clerks say the judge can't rule on anything unless one of us has an order attached. Also the defendants attorney has not asked the judge for another hearing, he's just filing a motion to set aside. What's going on and how do we put an end to this 3 ring circus??

Confused
**A: file a motion for change of venue to the Kangaroo Court.
 

JETX

Senior Member
Once your case was transferred from the small claims (simple and easy) court to the district court, your case became much more complex. And clearly, your getting confused and 'out-lawyered' is exactly why they appealed it.

Simply, the small claims court system is designed for the payperson to present their own case, pro se. There are often no 'rules of evidence' or 'rules of court' to follow. You give your side, the other gives theirs, the court decides.

However, District court thrives on rules and procedures. And without an attorney who knows them, you are at a severe handicap. THis 'order' issue is a prime example. Courts don't develop paperwork. The lawyer is required to file an 'order' with his/her petition for the court to review and sign. With you not providing the order, the court has nothing to sign... even if the judge agrees with your motion.

Since you are now in the 'majors', you need to consider getting an attorney.... or at least a paralegal to help you with your paperwork.
 
A

aratski

Guest
Thank you. We would like to do this ourselves. We've gotten this far and feel he has no leg to stand on in filing this Motion to Set Aside. We will be sending the courts our Motion in Opposition to... shortly with an order attached. Also we feel we have the judge on our side too, from things that were said in the courtroom.

Is there a good book out there we can purchase on How To?

We are learning a lot and reading UT law etc, it's quite interesting. I've heard soemthing about 'abuse of process' that could be filed with the courts too....any comments?
 
S

spike1951

Guest
GOOD LUCK

You'll need it.

I have been in a Small Claim case for over 6 months. If it's pro se vs pro se the rules are not used much. But even in Small Claims the rules of the court, etc are there, and the lawyers representing the party I am suing are using them in everyway possible.

Facts don't matter, whose right doesn't matter, it who uses the legal system better. Without a lawyer, in district court, these "doesn't matter who is right" lawyers will beat you anyway they can.

They say justice is blind and it is -- to the truth. It's the "My lawyer can beat up Your lawyer" syndrome

best of luck but be ready to be blindsided by some obscure rule and "case" dismissed.
 

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