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I have a question

Discussion in 'Alternative Dispute Resolution' started by rocketman691, Jul 29, 2007.

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  1. rocketman691

    rocketman691 Law Topic Starter New Member

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    I have a small claims question. I am the defendant in a small claims case. The plaintiff filed a suit against me for damage that he did to engine I rebuilt for him. That is the short version. We went to court and mediated it for a settlement of $1000.00 paid monthly @ $100.00 per month. I started with the first check on7/31/06. The check never went through my bank, 8/31/06 he files for a wage execution, I file an objection, I never recieve court date in the mail, I do not show up for court date automatically default judgement, I refile objection, still did not recieve court date notice, called court clerk found out about court date, I win objection. Contiue to pay monthly $100.00 until he files for another wage execution, I file an objection, plus file for motion to vacate default judgement, still never recieve court date notice, I have questioned court clerks why I have never recieved court date notices they don't know. The plaintiff works for the county that this case is based in. I also think that his wife works in the same courthouse but I don't know how to find out for sure, that would explain the missing court date notices, which have had a direct bearing on my case, I did recieve from the court a letter and a returned check, two weeks ago, told the court clerk that court date notice did not show up in mail but letter and check did. I went to court last thursday and found that plaintiff had original check I sent him in his hand, which he said he never recieved, I am going back to court on next thursday and will prove with checking account statement that the check was good, this will in effect show that plaintiff lied to the court. My question is this, Does this case sound like I have had my day in court, or does it sound like the plaintiff is manipulating the court system to his advantage? If he or his wife has access to court date notice's and can remove or destroy them, Is this a violation of my rights. And what do I have to to have this investigated? I know all of this sounds trivial but it's is happening and I feel like I am being railroaded, I am doing this all on my own.
     
  2. calalily

    calalily New Member

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    Wow, that is a tough one. you could mention all of this to the judge about how you never receive court notices and how the other guy and wife have access. Will the court clerk write a statement about your calls and questions? That may help prove you are not receiving notices. Do take your bank statement and tell the judge you feel the other guy is harrassing you when you are trying to make the payments as ordered. Could backfire though and make the judge mad...just a warning.
     
  3. rocketman691

    rocketman691 Law Topic Starter New Member

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    thank you

    Thank you for the reply, the judge told me last week to bring checking statement to court this week so she can decide who is lying and who isn't. The plaintiff in this case told the judge last week that he was laughed at when he presented this check at the bank, he said that the account was closed or something, or insufficient fund's or something he said, the judge said well which one was it, he said something like that. So when I go to court this week with my statement from the bank it will prove that he lied and I don't think the judge is gonna be happy with him. No one at the courthouse seems to care that my notices go missing, now I am not talking about one or two, I have never received five of them in a row, yes five, now common sense tells me that some one is tampering with mail going out of the courthouse, should I contact the NJ state attorney general's office and file a complaint, will they investigate, what division of that office should I contact. I am tired of this guy manipulating me and the court system, he is not above the law is he? Thanks for all your input.
     

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