October 18, 2011
Dear Your Honor,
Mr. Kevin Vanslyke has disrespected the courts, disrespected myself, and now he claims that I owe him.
He was subpoenaed to appear in court on August 23, 2011 to answer the claim filed against him. Your Honor, the small claims notice claims the defendant must appear in court, in person, on the date and time noted on the subpoena. If the defendant does not show up on the specified date and time, a default judgment will be placed against the defendant.
Mr. Vanslyke did not show up for the court date on August 23, 2011, so the default judgment was placed against him. At that time, I was instructed to call him every few days to attempt to collect the default judgment owed to me. I called Mr. Vanslyke every three days and left a message each time. He never returned any of my calls.
After 30 more days, on September 20, 2011, I came back to court to get the proper paperwork needed to file a transcript for judgment in county court. At that time, I was informed that Mr. Vanslyke failed to answer the courts request for an informational subpoena that was supposed to be filled out and returned to the court within seven days from the date Mr. Vanslyke received it.
On September 20, 2011 Mr. Vanslyke showed up at court to file a counterclaim against me for labor and parts on my Ford tractor. Your Honor, since Mr. Vanslyke did not show up for the original court date on August 23, 2011, a default judgment was placed against him, and he did not file the counterclaim within five days of receiving the notice of claim, this hearing should not be allowed. The court paper states that an adjournment shall be granted at the request of the claimant if the defendant did not file the counterclaim with the court within five days of receiving the notice of claim or before the scheduled date of the court hearing.
Your honor, I am asking for an adjournment due to the fact that Mr. Vanslyke did not file the counterclaim within five days of receiving the notice of claim or before the August 23 court hearing and failure to appear at the court hearing on the August 23, 2011 court date.
Thank you in advance for your cooperation with this matter.
Sincerely,
Lawrence Brennan