his wife got mad at me. I can prove he made payments. My problem is that I can't get it to court. The judge has let him have the case postponed twice b/c he claims he can't get off of work. I have requested a new judge, but don't know if I will be able to get one. Does anyone have any ideals about what steps I should take next. Should I get an attorney or wait?
wayfaroutthere
Favorite Answer
Go into court on your next date. If he asks for another postponement, be sure the judge knows that you do not think that is fair. He may grant one more postponement, or may decide that enough is enough. The judge is in a tricky spot--he has to be fair to the other guy and let him come to court on a day that won't cost him his job, so he let him have a couple postponements. The judge also has a responsibility to be sure you are fairly treated and don't have to wait years to be heard in court. So let him know you have a problem with postponement so that he considers the action carefully before granting another one.
Asking for a new judge was probably a bad move. If the reason you asked for a new judge was because you are tired of the delays you have dealt with so far, you may not realize how slow the courts can be. It is a bit insulting to the judge, and if the other judges look at what your judge did and find it normal and acceptable, it makes you look like a whiner who just wants her own way and doesn't really respect the court. You should honestly feel like you could get no justice from that judge before trying to change him for another judge.
My answer is to wait. Of course, having an attorney to consult may not be a bad idea, especially if you want to try anything else unusual like getting a new judge. But for a straightforward loan case for a small amount of money (how straightforward your case is I'm not sure), I wouldn't get an attorney to argue it, but I would call one to be sure I'm making arguments that make sense and could win--I'd do the work myself and then explain it to a lawyer so he can let you know it your argument is good or not.
~Jen~
Get an attorney. They will be able to move things along alot faster than you can. But remember, they are hundreds of people on the court calender, so its not unusual for it to be postponed a couple of times
Good Luck
William V
The person who borrowed your money is depending on your lack of committment to the case. I would send him a certified letter (return receipt) that lays out your case in writing--including your next step would be to hire a lawyer and that he WILL have to pay the attorney's fees. Give him a reasonable time to reply. If he doesn't, get an attorney.