Monday, September 26, 2016

Michael Wilson Needs To Respond To The Court

I posted earlier about a Cobbler Nevada case pending against a guy named Michael Wilson. I discussed how easy it actually is to avoid a default judgment and showed that even a simple one-page letter is enough to do so. Michael Wilson basically scribbled his defense of "I didn't do it" on a sheet of paper and mailed it to the Court. But now that Mr. Wilson has appeared, he cannot just bury his head in the sand and pretend the case is not pending against him. Unfortunately for him, that appears to be what he is doing.

Below is an Order to Show Cause directing Mr. Wilson to explain why he is not participating in the litigation process.  As I mentioned before, you don't need a lawyer to help you with these matters, but if you don't use one you better read up on what you are supposed to do.

ORDER Directing Michael Wilson to Show Cause by John Whitaker on Scribd

Mr. Wilson is supposed to be participating in something called a Rule 26(f) conference. That is basically just a phone call where both sides talk about when the case should be ready for trial and what sort of evidence each side is going to be demanding from the other side. This is just a formal procedural phone call that has to happen but isn't, itself, all that interesting. The thing that makes the Rule 26(f) conference interesting is that it is the official start of the so-called "discovery" stage of the litigation. Discovery is where each side gets to demand documents from the other side and ask the other side certain questions to try and build either an offense or a defense depending on the party.

I'm posting this to demonstrate that even if you think the plaintiff in these cases is evil, you need to understand that the judge is not. The judge will just try to make sure you get a fair opportunity to defend yourself.  So when the judge orders you to do something, you better do it. Because if you are trying to go this alone, the judge will try to keep the proceedings fair. But if you ignore the judge, expect bad things to happen. You won't have anyone on your side.  I'm not suggesting the judge will be on your side, but he or she will at least try to prevent the plaintiff from abusing the rules to harass or trick you.

Bottom line, if you chose to go this alone, DON'T IGNORE THE JUDGE'S ORDERS.