Expert: Creditwrench - 9/13/2009

Question
QUESTION: Back in DEC of 08 I was sued by a creditor in small claims court which would not provide me any information on the account what so ever. So i proceeded to file my answer with the clerk. On May 19 of this year I was scheduled for pre-arbitration in which I attended, I sat there for 4 hours waiting until I was the last person in the court because the plaintiff never showed.
The case was dismissed based on these grounds. Last week I received a package in the mail from the attorney that sued me with a order to show cause looking to vacate the judgement. The reason why he did not show up as he explains in the order to show cause was....that he forgot to put it on his calendar??? and 4 months later he realized this?  Is this a valid reason to vacate a judgement? Not to mention that the affidavit of service in the original summons was completely fraudulent, no one at the address  was ever served, I found out about this when they mailed a copy addressed to my parents address where I have not lived for over year.
Is there a way I could fight this now and retain the dismissal, in hopes I wont have to take off a number days from work as I did prior defending myself in this case?
Thanks

ANSWER: A show cause order? Was it mailed to you by the attorney or were you served with the show cause order by a sheriff or a process server? I'd go check with the clerk of the court to see if anything has been filed in the case. If nothing has been filed and you were not served by a process server of some kind then I'd just ignore it and keep checking to see if the lawyer files anything. If he has then you will have to comply with the show cause order.

---------- FOLLOW-UP ----------

QUESTION: It was mailed to me by the attorney, standard mail. I did call and visit the clerks office in person, they show no record of it nor do they  have it on the calendar. I was told that it must be submitted to the judge first for approval, if approved it will proceed. I explained that it was mailed to me by standard mail, I was then told if it is a motion then they are not required to serve me in person or by certified mail. I was given a number to call to check often if it has been added to the calendar. I'm confused because the documents I was given state I am to appear in court of 9/22/09 at 9:30? Mean while no one will verify that this is correct!
Is the reason the plantiff provided in the show cause order a valid reason to overturn a judgement and re-open the case?

Answer
No, you can't overturn the judgment or re-open the case with that. What you need to do is go back to the clerk of the court tomorrow or as soon as possible and "Freeze" the case by asking the clerk to give you a certified list of all the documents in the case file. There is a special name for that type of document you need and I haven't used it for years so don't remember what it is called but just tell the clerk you want either a list of all documents or get certified copies of all documents in the file with date and time stamps showing the current date. Describing what you want to them this way can confuse them but just say that you want to be able to prove that the document you were mailed has not been filed at the current date and time when you go there. In order to do that you have to be able to prove what is there "today".
The reason that is so important is that the lawyer has provided you with false and misleading information which is a violation of federal law and maybe local Bar association rules too. You should check on that aspect of it too but it will do you little or no good to complain to the Bar assn. about it but you do have a solid cause of action in federal court and if we can communicate privately by phone (405) 237-2174 or (405) 227-9423 then I may be able to spot some more violations for you. Another way is to scan and copy it and upload it to this forum via the upload an image feature at the bottom of each message you send. Of course, you will need to make a photocopy of the letter and redact all your personal information and the case number before you scan it in order to prevent some clown from invading your privacy or getting some information about you that you wouldn't want on the internet. I'd also redact the lawyer's name and any other identifying info from the copy for the same reasons plus if that lawyer happens to be reading this forum you might alert him to what you may be about to do to him. Don't take any chances if you upload it here. It could come back to haunt you later on. Another way is to use Google Docs and don't publish it but rather send me the link to it through email. Lots of ways to do it but scanning it and sending it email or just call me is the safest way. You should seriously consider filing a federal lawsuit against that lawyer for the simple reason that if you force him into federal court for his violation you stand an excellent chance of making him pay you, get rid of the judgment and forget about collecting a dime from you. It isn't all that hard to do and you don't even need a lawyer to do it.
Hundreds of people do it each and every month so why can't you?