So when I went in to court to have my hearing to see about having my judgment vacated, the other attorney was there but he was not there for my case. He had other cases after mine that he was dealing with. The original creditor never told him to fight this, he just figured he was there so he might as well fight it.
My question is, Is this illegal? Can he represent a client that he isn't representing on this case anymore or because he orginally got the judgment against me can he fight it? Any help clearing this up would be appreciated. Thanks.
No, my motion was denied. The attorney seemed a little confused when he was up there. He stated this wasn't on this schedule and he had no idea what was going on, but still proceeded to argure anyway. The judge basically helped out the attorney by asking him the questions he wanted to hear. I just find it a little unfair that he would fight my motion when he wasn't asked to appear.
I don't know, the judge basically said they did what they needed. I guess this attorney is in his court all the time. I even had to delay my hearing time by 30 minutes to wait for this attorney to show up. But it's not because he was late, it was because he wasn't there to represent the collection agency.
When attorneys work for a creditor, it's not usually on a case-by-case basis. Attorneys in this line of work usually have a contract of some sort to represent that creditor in court collections for a city or a region or a state. For instance, Capital One has a guy in Arkansas that they use for a good portion of the southeast (AR, TN, GA). So the attorney did not do anything unethical by representing his client in a matter that he didn't necessarily know about in advance. An attorney's representation of a client does not necessarily end when the case closes, and depending on the state, it may have been unethical for him to refuse to represent his client when he was already in court for other matters, especially if those other matters were for the same client. It also sounds like the attorney may not have been properly served with your motion, so you might have been lucky that the judge even listened to the case.
Since a motion to vacate is on a case that already existed--and not a new case--the attorney's previous notice of appearance suffices and he would not have to file a new one.
You can check with your state's bar association to file a complaint against the judge or the attorney, but this does not sound like anything that needs discipline.
What state are you in again? You can file an appeal (or ask for permission to appeal) at the next court level up, probably the intermediate appellate court in your state. I think you were unlucky, but motions to vacate are a crap shoot. Best case scenario would have been that no one showed up to argue against you, but it sounds like with this judge, he might have denied you anyway.
Thanks for the advice. I'm in Nebraska. The only thing that gets me is that something was missing from the file that would have vacated it for me, but the attorney argued and judge made a couple calls and found the missing info. If the attorney had not been there then who knows. Is it even worth pursuing?