rocketman691
New Member
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.