Legal Question in Civil Litigation in California

many questions: why should a person have to pay to defend themselfs against a collection agency,430.dollars, just to respond is, bs. i should only have to pay if i lose. some of us dont have that kinda cash.

why is it only illegal if you get caught.

why is it not up to the judge to determine if evidence against someone is legal or not,why does someone have to stand up and say " hey they cant do that, when clearly states in the code of civil proceeders that it cant be done, or its past it limitations to use as evidence.

why is the law only the law if someone says hey you cant do that,thats against the law. shouldnt the people that are there to uphold the laws, (ie judges), speak up and say that is inadmissable, even if the average person isnt there to say it for themselfs. the laws the law, correct.

if a judge is the mediator/decision maker in a dispute, then why isnt the judge responsible to determine if the evidence is legal to use as evidence. seems to me that if something is illegal, then it would be illegal the whole way thru the process, whether i say it, or not.

is it not my right to be able to stand up in court to defend myself, i dont believe it said anything in the bill of rights or any other document this country was founded on, about me having to pay to do that, especially to a nevada county courts.

and for all the people that say "well you should have tried to get a waiver" well unless you are jobless, or even just low-low income, they reject it.

so it seems that justice or the right to have justice served is for the people who make more then minimum wage, atleast in this county.

our justice system has just turned into a big way to make money, has nothing to do with right or wrong. its all about money. just a bunch of vulcure capitalists, sitting on a big hedge fund, watching it grow everyday, at the working class expense. oh ya, we will be closed for every stupid holiday we can think of, and we will still get paid for it, because we make the rules, not the people anymore.

guess if i was richer,or daddy had a better job, i could have sucked up some of that gravy also, but the world needs ditch diggers too. hope someday people will fight for justice again, and stop thinking of it as a money making opportunity.


Asked on 2/14/13, 2:26 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It sounds like you're upset because you had to pay a court fee to file an answer after someone else sued you. I understand why you feel that way. After all, you're not the one who decided to start a court case.

Courts are financed partly through taxes and partly through fees charged to litigants. That way people who use the courts more than others help defray the associated costs. If only plaintiffs had to pay them, then litigating would be even more burdensome on them than it already is. Defendants would have an unfair advantage if they could use the court's services for free while plaintiffs had to pay even more than they already do. Each of the possible ways to pay for the courts has advantages and disadvantages.

Fee waivers are for people who need them in order to have access to the justice system. They aren't for people who just feel they shouldn't have to pay, or even for people who can afford the fees with difficulty. It's often hard to decide who should get a waiver and who shouldn't. Since I don't know the details of your case, I can't say whether I agree with the denial of your request.

Usually the party who loses a lawsuit is ordered to pay the winner's costs, including the filing fee you're complaining about.

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Answered on 2/14/13, 2:42 pm
Anthony Roach Law Office of Anthony A. Roach

Same guy who posted before. Upset that hospital sued him over a bill that he refused to pay. Apparently we are supposed to pay for his medical care and when he has to pay, it is an injustice.

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Answered on 2/15/13, 1:22 pm


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