Could the judge be biased in favor of the debt collector?

[Motionless]

What is the name of your state (only U.S. law)? Wisconsin

I received a Notice of Hearing for a court trial on a small claims lawsuit. The Notice indicates that the plaintiff's attorney will appear by phone while I must appear in person? Why do they not have to travel to court when I have to? It sounds as if the judge is willing to bend for the plaintiff's needs and that is a red flag for me. Should I be concerned that the judge is biased in favor of the plaintiff? Is there a way for me to object to the telephonic appearance without offending the judge before I even get to court? Telephone appearance by the attorney means no one will be appearing in person except the defendant--me!

 

[Zigner]

What is the name of your state (only U.S. law)? Wisconsin

I received a Notice of Hearing for a court trial on a small claims lawsuit. The Notice indicates that the plaintiff's attorney will appear by phone while I must appear in person? Why do they not have to travel to court when I have to? It sounds as if the judge is willing to bend for the plaintiff's needs and that is a red flag for me. Should I be concerned that the judge is biased in favor of the plaintiff? Is there a way for me to object to the telephonic appearance without offending the judge before I even get to court? Telephone appearance by the attorney means no one will be appearing in person except the defendant--me!

Allowing a telephonic appearance does not mean the judge is biased. You can read up on the court rules or you can hire an attorney for assistance.

 

[latigo]

What is the name of your state (only U.S. law)? Wisconsin

I received a Notice of Hearing for a court trial on a small claims lawsuit. The Notice indicates that the plaintiff's attorney will appear by phone while I must appear in person? Why do they not have to travel to court when I have to? It sounds as if the judge is willing to bend for the plaintiff's needs and that is a red flag for me. Should I be concerned that the judge is biased in favor of the plaintiff? Is there a way for me to object to the telephonic appearance without offending the judge before I even get to court? Telephone appearance by the attorney means no one will be appearing in person except the defendant--me!

You "must" appear in person? That ain't so. You can stay home!

Anyway and whatever, the thing that you should be concerned about is not how the claimant's lawyer makes his appearance at the trial - in the flesh or over a speaker phone - but who is going to pay him.

The mere fact that the claimant/creditor has hired a lawyer is a good indication that the nature of the claim against you is one that allows the court to award attorney fees to the prevailing party; either by statute or contract.

And to date you've given nothing here to suggest that you have a meritorious defense to the claim. Whereas its seems to be a routine on the part of folks believing they are being wrongfully sued to scream about injustice; not nickpicking over procedural niceties.

I haven't come across any of the Colorado rules that mentions it, but if the judge allows the lawyer to represent is client by telephone, then chances are that it is okay. They are imbued with a heap of judicial discretion. It also would seem to be in line with the intent to reduce litigation costs in such lesser court systems.

Just bear in mind that the more work you load on the lawyer, the greater will be his fee.