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Report: #503980

Complaint Review: Mann & Bracken LLP - Irving Texas

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  • Reported By: Anthony — Totowa New Jersey USA
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  • Mann & Bracken LLP 5215 North O'Connor Irving, Texas United States of America

Mann & Bracken LLP Wolpoff & Abramson LLP Eskanos & Alder , P.C. Courtroom Tricks and Maneuvers Irving , Texas

*Consumer Comment: This is not unusual at all

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The JP Court Judge sorted the court and worked out all of the cases that had nothing to do with Mann Bracken in two hours. Previously he had asked all those who wish to plead their cases before the court to raise their hands. I was in that group but something weird happened next. I was ready and filed all the correct documents with the court and the plaintiff. The Judge got up and left the court room after two hours with his coffee cup and said "I'll be back" and never did. Next thing I know I am being called into the room where they have been making payment arrangements with those who were of no contest. In there was the plaintiff attorney and the court clerk. The Plaintiff greeted me and I said what are you doing? He said the Judge likes for everyone to talk to him to see if they can work anything out. I said I am ready for this court date and I am not talking to you. I answered the court to have my case heard and why am I in here? He stated the Judge has too many cases to hear them all. I said your trying to sue me for 5000.00 plus and he just finished hearing a case for an apartment deposit for 650.00? I want my time before the Judge. That is when it hit me, the Judge did not allow anyone to see him who was being sued by Mann Bracken. I knew it was to tip the scales in their favor because they would lose with a direct approach. I demanded to see the evidence I asked for in my answer and the Plaintiff admitted he had none. I said if I was in front of the Judge right now it would be a case dismissed just like all the other cases without evidence. After repeating I want to speak to the Judge I was told he would have the court reset the case to 90 days from now. I said, what gives you the right to tell me anything. You are suing me and you come to court with nothing? Then you have some twisted power to reset this trial? I will take you before the Judge and tell him you would not allow me to see him. Then I will explain how you came here without anymore evidence than "Exhibit A" which was a computer screen capture of vague information. He then said you are right and that is what I would do if I were you. It was a complete waste of my time and now I have to go back and have my time before the Judge. If I did not know better, the Judge has a reason he is not telling on why every case of the thirty cases being sued by Mann Bracken never went before the Judge and only to the Plaintiff in the back room. Why sort the court if the Judge never intended to hear the cases?

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#1 Consumer Comment

This is not unusual at all

AUTHOR: Tim - (U.S.A.)

POSTED: Sunday, October 04, 2009

I understand your frustration. You came to court thinking that this was "your" day and ready to plead your case in front of the judge.

Unfortunately (for you, at least), this kind of courtroom practice is so commonplace that I have yet to see a court that doesn't do this.

Typically, in a given jurisdiction, there are a handful of attorneys that handle large volumes of collections cases. Each such attorney will have a specific time that all of his cases for a given month come to court, i.e. the second Tuesday of each month at 9 a.m.

There are SO many cases that, to go through the motions of a trial with each one, even if it's an uncontested trial, it would severely bog down the system. This, especially given the fact that about 90% of the cases resolve to a settlement in that back room.

Further, in pretty much every other type of civil case, there is required mediation. So at any rate you would have had to engage in out-of-court settlement talks no matter what the case. Our court systems are just overwhelmed these days, so courts have to find ways of reducing the number of matters that come before the judge.

As for the attorney dictating this whole affair, that isn't really the case. You were entirely able to say nebs on the negotation and demand a hearing based on the evidence. And your demand was granted.

It was set for 90 days out not because that's when the attorney wanted to do it, but because that's when the court's schedule will allow for it. I know it seems like a long time. But the process of civil law is a slow, lumbering beast.

For example, if you wanted to set a trial date in the State of Indiana right now, you would probably be looking at some time in 2011. Complex cases can take well over five years before they are resolved.

I know you feel like you're being railroaded and that you aren't being afforded the rights guaranteed to you by the law. But fear not, you will have your day in court.

Best of luck!

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