New Update (Follow up on my lawsuit)

For those of you who have been following my saga with Equable Ascent and Blatt Hasemiller Law Firm, I have a new update.

For those of you who are new to my story, here is the link so you can get an idea of what is happening....http://www.debtconsolidationcare.com/collection-agencies/thread68131.html


I have a court date today at 1:30 p.m. (Hearing Set for Motion to Dismiss). You know what is interesting? I was NOT aware of the set court date until I decided to check the online court docket because I have not received that order from the judge approving the motion to dismiss the case. I was not aware of this until YESTERDAY! You betcha I was freaking out. :o I am profoundly deaf and require an interpreter. One day notice is not enough time to get an interpreter approved and available for the court. I called the court and the clerk was not very helpful. She said they do not know anyone in the court that can sign for me.....ummm, that was not what I asked. I want a professional ASL interpreter through the agency. After being transferred a couple of times with no luck, one lady told me to call back at 1 p.m. since she wanted to speak with the judge about the interpreter issue and he was in the court session at that time. Not a problem. :rolleyes:

I decided to call the agency myself to arrange for the interpreter in case the court could not do it themselves. I gave the agency court date information and they said they would take care of it. She then stated she would call me back to confirm. No call back from her. :-?

1 p.m. rolled around and I called the court house again using the VRS (video relay services with the video sign language interpreter). The phone rang 10 times on the court clerk's line with no pick-up. ARGGH! :/ Then I tried the court room's line hoping the clerk would pick up. Success! After VRS announced the call, the person who answered the phone asked if it was M.R. which was my name. Interesting. ;) However, this person was very nice and helpful. He told me he was waiting for me to call back so he could help me out. We got to talking and he gave some helpful advices. Then he said "in my years of judging...." The light bulb went on in my head! I asked whoa who am I speaking with? He said "This is your judge." WOW! He apologized for not being able to get an interpreter on a short notice (I cant blame the court ...I was just not aware of it until yesterday). He told me he WILL NOT let the court session proceed without an interpreter for me because it is against my rights and unfair. However, he said I just should show up tomorrow early with my written response to Plaintiff's Motion to Dismiss and he will accept it. He will then let me go.

Here are few things I have learned from the very kind judge:
1. Reason why the order was not granted automatically for the motion to dismiss filed by plaintiff (Equable) is because of my counter claims. I was told that all I had to do is type a response to grant or oppose the dismissal. He then said what I want to do with my counter claims is up to me....I can either proceed or dismiss. I told them I want it over and done with so I will just dismiss my counterclaims.

2. If you are deaf and require an interpreter, you will need to file a Motion to Grant Interpreter. The judge also informed me that its always helpful to add a short summary in your written answer to plaintiff's complaint that you are deaf and require an interpreter for all upcoming court dates. The court will pay for interpreters.

3. In his years of judging, he said the success rate of people representating themselves is low. He did say it can be done but its a very difficult and straining process for those of us without lawyers. Plaintiff's law firms (creditors) are like pit bulls. Frankly, he told me he was SURPRISED this plaintiff's law firm filed motion to dismiss in my case. He was impressed with my written answer and motion to strike form. So THANK YOU TO DEBT CONSOLIDATION PEEPS for your help! You are awesome and the judge is wowed. Great job! :hug:

I will keep you all updated after my court date. Wish me luck!! Now, I have to go and figure out how to word the response to motion to dismiss.

Thanks!