Can I have my civil case thrown out?

[OttoReload]

Hello, I am in the middle of a civil trial in which I am representing myself. I have received four separate packets of documents from the plaintiff's attorney. In each instance the documents were delivered via USPS certified mail. I downloaded the deliver confirmation from the USPS website that shows the delivery date as well as the date mailed. After looking through each package I noticed;

1. Each set of materials came with an affidavit "Declaration of Mailing" in which someone makes a sworn statement that they had mailed the documents on such in such date.

2. One package has an "affidavit of attorney for plaintiff" in which the attorney writes about how I was legally served then states "…The defendant(s) has appeared herein, but has failed to file an answer." "… more than 20 days has elapsed since the making of the complaint and is now in default as to such service."

3. In the same packet as above was a "motion & affidavit for an order of default and in the alternative a notice of trial". In it the attorney writes; "…moves the court for an Order adjudging the above-named defendant to be in default for want of for want of answering in this action: and moves that the matter be set for Default Hearing..". He then goes on to ask the court to set the matter to trial if an answer is filed.

Item # 1
In each instance the date on the "Declaration of Mailing" doesn't match the date that it was actually mailed, each document package was mailed between 3 & 5 day after the "sworn" date on affidavit of mailing.

Items # 3 & 4
I am not sure what is meant by "the defendant(s) has appeared herein" in item # 2. However it seems that he is implying that I didn't answer the complaint in item #2 & 3.

The thing is I did answer the complaint, had it stamped by the courthouse, mailed it to him (same day), and I have a recipe from the USPS showing that it was delivered to his office and signed for 7 days prior to the 20 day expiration.

Did the server commit perjury?
Did the attorney commit perjury?
Can I have the case thrown out based on this?

I decided to represent myself because they are suing for (a medical bill) $148.00 + cost/fees (can you believe that?), & I figured this would be a slam dunk. I have a letter from my insurance company (it's a CC of a letter was sent to the provider) stating that I am not responsible for the charges. I wasn't allowed to enter it into evidence because "it was hearsay" based on the fact the original author (or a company rep) was not there to validate the letter.

So with the above in mind and if the wrong dates are of any use to me how do I get the electronic USPS receipt entered into evidence? Subpoena the USPS?

Thanks for your input.

 

[army judge]

You need a lawyer.
This isn't a do it yourself kind of case.
Beg or borrow the money to hire a lawyer.
Make a payment plan, some lawyers will work for you, that way.
But, this isn't something i can coach you about on the 'net.
You don't even learn this in three years of law school.
Please, hire a lawyer.
Dude, it's only $150.
You might be better off paying it.
Is it worth this much aggravation?

 

[jharris352]

I wondered how long it would take you to see that it was for $150 Army! I love the "Dude" comment. You must have grandchildren!

I agree though, I would just pay it.

 

[OttoReload]

Army Judge,

Please forgive me if I was unclear. I was not asking for a complete education in the Law, but rather an answer to the question I had asked.

By yourself given username I assume you are (or were) an army service member. If that is the case then you should have some understanding of the required SF/RGR/ABN/18D personality traits and character would be (those who know; know. Those who don't, will never understand). If you understand what I am conveying then you should also understand my moral discipline, judgment of right and wrong, inherent duty to not allow injustice within my "lane", and my inability to stand idle while other take advantage of those not in a position do defend themselves. De Oppresso Liber.

If you don't understand the paragraph above then thanks for your time and I will excuse myself from this discussion. On the other hand if you follow what I have written please read on because I deeply respect your time and opinion.

This civil suit all started out of a sense of injustice and duty to do the right thing. The facts; I had a motorcycle accident; I was treated & transported by a private ambulance company (AC); in the beginning my insurance covered all but some $250. I would have paid but then I saw the itemized bill; the AC double billed, "up-billed", and made fraudulent charges; I called the AC and informed them that there was errors on my bill; The AC denied any errors and I was told "the charges are what they are"; AC sent bill to collections company (CC) to whom I explained the same thing; I was told to "just pay"; The CC sent bill to an attorney and he filed the suit; Once served I again called the AC and asked to speak to the manager (who also turned out to be the owner); he informed me that the original person I had dealt with was no longer employed there and that the charges "are correct"; I went into great detail with him about the charges and in the end explained that he was committing insurance fraud; he exclaimed that "in no way is he committing insurance fraud" then promptly turned around and submitted a corrected bill to the insurance company (that's how I got to the current debt of $148.00); the new billing is better but still has "up-billing" & double billings on it.

The trial started (yesterday) and went for some for hours with most of the time being devoted to my cross examination of the billing person from the AC (which went excellent, I had the judge shaking her head at the witness). I was called to the stand by the other attorney and the best he did was ask if I had declined services and such. No mention of the billing was made except to ask if I was a medical billing expert. The judge announced that she had to go and said we would schedule another date to finish the trial and because the trial had only be scheduled for ½ hour the next part will be scheduled for 2 hours (The other attorney really didn't expect me to be prepared).

So that's where I'm at. I can't afford to bring in an attorney at this point because if/when I lose I will owe over a thousand dollars with the fees and then to add my own attorney fees on top of that would be unmanageable. I do have a good job; however, with the other medical bills from the accident, the fact that my wife stays home to raise the children, and that we have 5 children (we have two biological children and after I separated from active duty we adopted a sibling group of 3 out of the state foster care system) we are just getting by. To incur addition financial burdens at this juncture will be detrimental to the survival of our family. Besides I don't know how it would be beneficial to bring attorney into this mess when he/she has missed 4 hrs of the trial.

I have explained all this so you would have a better understanding in regards to the situation and that I am not just running off and doing this half cocked. If you are willing and have the ability to give me a rudimentary answer to my original questions I would greatly appreciate it. Thank you for your time.

Respectfully - Otto

 

[army judge]

Otto, yes I know what you did.
Thank you for your service.
Before I wore the "robe", I wore the "tab"!!!

I earned the "tab" and "lead the way" for five years in 'Nam.

That was before the army sent me to law school.

None of that helps you in this matter.
No, the case will not be dismissed because someone may have committed perjury.

That wasn't the case anyway from the facts you provided.

Even if someone had committed perjury, perjury is a criminal charge.
What you're describing is potential attorney misconduct (which didn't happen from your set of facts), and even if it did; judges don't penalize litigants for misconduct of their lawyers.

Dismissing the case for a transgression of the lawyer, enalizes improerly innocent defendants.

Argue your case counsel, not tertiary (at best) distractions.

Most often litigating "what they believe to be right", costs litigants MORE than settling their issues.

That is courts encourage litigants to settle their differences, rather than litigate them.

Sorry, Otto, I see nothing in the things you described that give you any additional legal leverage.

But, from what you say, you're winning.

So, continued momentum to you and your case.

Financially, I'll bet you've invested at least 40 hours of your time into this case, already.

If your time (alone) is worth at least $40 an hour, you've already spent $1600 fighting a $150 disagreement.

I've refused to represent clients who say it isn't about the money, judge.

Anyway, thanks again for helping our nation secure the blessings if liberty, Otto.

Rangers, however, always lead the way!!!




Sent from my iPhone using Tapatalk

 

[army judge]

I wondered how long it would take you to see that it was for $150 Army! I love the "Dude" comment. You must have grandchildren!

I agree though, I would just pay it.

Thanks, JH!!!

Yes, I do have some grandkids and even a couple of greatgrandkids!!!

I love those rascals and they keep me up on the lingo and vernacular.


Sent from my iPhone using Tapatalk

 

[OttoReload]

Army Judge,

I don't know if you've notice but I sure seem to find "brethren" in the strangest places. Ya know I haven't heard Rangers Lead the Way in awhile. It made me think of a time before I went to Group and was an E-4 in RGR BTLN. We had just MEDEVACED a stud that lawn darted on to the DZ and I was waiting outside of the helipad for the pilot, crew chief, and flight medic to return from the cafeteria (the patient was one of my Joes so I flew & assisted the flight medic). We were never in garrison for long so it was not common for me to salute officers. So I had to think about what I was going to say before I said it. As I'm waited I saw three officers in flight suits coming towards me. I got all ready and at the right time saluted and said "Rangers Lead the Way Sir", the one closest to me replied "yea but Aviators get'em there". That's when it happened. It was like I got hit upside the head with a bad of stupid and replied "not unless you're a Task Force 160th Night Stalker, because we only fly with the best". Holy Crap! The second the words came out of my mouth I knew I was FUBAR. Luckily about 2 min into the *** chewing the Night Stalker pilot, medic, and crew chief came out and saved me. My only defense is "young and dumb".

So back to my case if I may ask you another question. I understand that from a legal standpoint the fact that dates were not correct and erroneous statements were made on some documents doesn't make a legal impact on the case. However in your opinion would it help me in the eyes of the judge; at the end of questioning myself I could structure a question in such a way that my answer would auld to his misconduct provoking him to cross and forcing me to expand my explanation so everything came out. I can be subtle, and it would be easy, because three different times opposing counsel has asked why you are doing this? What is your reasoning? I just don't understand. Even though I quoted state law regarding medical billing fraud, so I would be following up on his line of questioning.

On a side note I just saw that you are posting from your iPhone. You've got to be the coolest grandpa ever! Anyways, thanks again for your time and help, All the way Sir, - Otto

 

[army judge]

Otto, never try to predict what opposing counsel might do.
Plead your case based on the facts or the law.

This case to you is about medical billing fraud.
If that were the case, it would not be tried in a civil court by you.
You are defending against a debt that you feel you don't owe.
A scavenging, bottom feeder wants to get paid.

Your defense should address why you don't owe the amount alleged.
This isn't about being cute or tricky.
Plead YOUR case counsel, just YOUR case.

 

[OttoReload]

Ok, thanks so much. I'm truly grateful and appreciative of the time you spent volunteering your knowledge & experience. Ranger Lead the Way Sir - Otto