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Why should judge spinner be allowed to refuse a pro se person a traverse hearing.?

Brookhaven, NY |

shouldn't we the people have some rights. I was never served, so I went to a hearing and explained it. Was told to file papers. I did, but didn't put where I was living. So he refused to allow me a traverse hearing. With the rights to this hearing I would have proved I was never served and where I did live. Do judges and attys have the legal rights to abuse PRO SE people?
We do not wish to be Pro Se but $350 to $450 per hour is out of most people reach... also I have hired 3 attys that have messed up cases.. Once you hire a atty you are not allowed to speak, even when the atty is completely wrong and can't answer the questions,,,,,example.. appeal court today...is that fair, to lose a case because the atty forgot the answers. I've lost my condo because of the lies.. Schneider/Motala atty

Attorney Answers 3

Posted

Being pro se should not effect how you are treated by a judge. However if you are pro se you should follow all the rules and procedures that an attorney would know. Good luck.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

Without seeing the papers, it would be improper to comment on why a decision was rendered in the manner that it was.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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Posted

In order to be able to challenge the service of papers and be granted a traverse hearing, you need to raise sufficient facts to dispute the sufficiency of that service through a sworn statement. The details of what constitutes a sufficient refutation are not cut and dry. If your central claim was that you could not have been served with the papers because you did not live at the location where the process server delivered them, most judges would probably require you to state where you actually live in order to be entitled to a hearing.

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Asker

Posted

This is in response to all the wonderful responses I have received...Thank you 1\2 inch is hard to write in..I sound very angry, I am. I've lost my life, and the people I've hired haven't helped me but hurt me. That is very true. Yesterday I lost my Condominium because of this for COMMON CHARGES and thousands of ATTY FEES, NOT A MORTGAGE. The 1st atty messed up and caused this problem.. Forget to file the Real Estate papers with the Suffolk Clerk.. The condo refused to take my common fees., because I didn't own the condo. I found this out 3 years later, by error they were suing me. They weren't suing me but a dead aunt that had owned it. I paid for the condo in cash, no mortgage.. They just didn't cash my condo fee checks, as they stated I didn't own it. I worked 24/7 saving childrens lives, a lot for free. I didn't look at my checking acct. Sorry but all my checks cleared that were cashed. I'm a widow and break my back to do the right things. I have broken my back for 27 years. I raised two little ones alone at 31 yo. Killed by NY telephone company. Told by the court that NY telephone co. was to powerful to sue. Workmans Comp. 9/11 people are dying because of the same issues my husband died, but are being paid in full. He died at 35 of Lung Cancer, and he and his children lost each other. I lost my best friend, husband and father to my children. I got not a dime. Raised my children alone at 31 years old and not one dime to help. Like the poor 9/11 families that lost there loved ones.. In NYC there are places to go for us to get assistance, in Suffolk County NO ONE WILL ASSIST. I went to the Suffolk County law library they will do nothing at all. They are not attys and can't give legal advice. Why not try to help... Why not have a judge try to do the right thing and request the address instead. A simple traverse hearing would have done this, with no problem. ProSe are normally very nice and respectful in court. The officers of the court are normally rude to the Pro Se people. Stop telling people to go to the Bar Association, this is not correct. It is a lawyers club and not to help the publics. You attorneys have to pay to belong. Wouldn't it be nice to have a place to go to get some advice and help. Example.. I stop or check at all accidents, to see how I can help as most die because of no help within 30 minutes. I save lives, I also volunteer and can't even take it off on my income taxes, all the free hours I work. I work as a RN saving lives and certainly can't afford $350 to $450 per hour. Then when the attorneys mess up we are to crawl in a hole and say nothing. Second atty I hired worked on this case for 16 months and never informed the court he was working for me, also forget to respond to the decision. But I didn't know. I have reported attorneys to the ethics board, only to be told it's not unethically, but MALPRACTICE They can't tell you where to go and get the help. In my profession if it's malpractice it is unethical. People should lose there licenses that hurt people.. Yesterday I was told it's not the same. One is lives the other is only money. We THE PEOPLE put judge in these positions, and then the judges forget to protect WE THE PEOPLE. I have been in some court rooms that the attorneys are milling around for hours socializing. Talking about vacations , childrens school, colleges they are going to, completely personal issues. Nothing to do with the client issue and the client is paying $350 to $450 a hour for this and NO JUDGE shows in court.. Am I wrong? You all understand what I am talking about.. Would you not feel the same way? It is extremely rare for a attorney to be sitting at a table doing work for the client.. they are socializing.. No, this is not to assist the clients. God save the King....Wasn't what we went to war for.? I would like to learn enough of the law to be able to assist people....but I would be sued for practicing Law without a Licence.. We the public need help. The poor and rich can get help, but MIDDLE CLASS pay all the bills an