Why A Little Mistake Can Make or Break Your Court Case

Mon, Nov 12, 2012

Bankruptcy, General Legal Issues

Attorney Christopher D. Smith with SmithLaw has handled many cases. He is also keeping abreast of other court cases that might relate to his practice areas.

That is why SmithLaw of Sarasota, Florida knows that a little mistake, misstep, clerical error, lapse in judgment, etc., can make or break your court case. Here are a few things to keep in mind:

  • Always keep a paper trail of any legal doings you might be involved in. This includes phone calls or written correspondence. Make copies of documents and keep notes about conversations and/or when you sent letters. Try to send things that need to be signed for, so you can prove they were delivered. The case of United Student Aid Funds Inc. v. Espinosa (No. 08-1134) is an example of how a paper trail can totally win your case. That case, which went all the way to the Supreme Court, shows that careful reading of documents is important. Because the creditor failed to notice that the debtor’s bankruptcy plan only mentioned re-payment of the principal, and not interest, yet still agreed–they were out of luck getting that interest paid. This is despite the fact that Mr. Espinosa still owed it.
  • Always show up for court or make sure your legal counsel does, at least. Do not blow off even the tiniest court date off. Some cases can be dismissed just because the other party does not show up. You would not want to miss that stroke of luck by not showing up yourself. This article illustrates that all kinds of cases can be dismissed because someone else did not show up.
  • Another reason to make sure you show up for court is so you can defend your position in the legal proceeding. (An attorney would be a good person to bring along to that meeting.) Not showing up often gives you no recourse.  Judgments, for example, can be entered against you by default if you do not show up.

Ignorance is not bliss when it comes to legal proceedings. Make sure you are aware of your options and involved in your case, so you do not end up in a situation where you are left with few choices.

Image: Some rights reserved by ifindkarma

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