calawyer if you have some advise, I found the following.
1: Wilcox v Birtwhistle
the court found that: Construing subdivision (m) to permit the withdrawal or amendment of deemed admissions is consistent with the Legislature's intention to remedy these problems. By eliminating the time limits on obtaining relief, subdivision (m) is much less draconian than the previous practice — which only gave a nonresponding party 30 days after receiving notice of the deemed admissions to obtain relief. Applying subdivision (m) to deemed admissions also allows the trial court to tailor the sanction to the severity of the discovery abuse. Any concerns about potential harm to the propounding party are alleviated by the need to show no substantial prejudice and the availability of additional sanctions. (Ibid.) In contrast, precluding the withdrawal or amendment of deemed admissions is arguably more draconian than the previous practice because the nonresponding party may have as little as 15 days — the minimum notice required for a motion — to avoid an irrevocable admission
May this apply?
I noticed that I could not find (m) on 2033.
but I did find (b) on 2033.300
(b) The court may permit withdrawal or amendment of an admission only if it determines that the admission was the result of mistake, inadvertence, or excusable neglect, and that the party who obtained the admission will not be substantially prejudiced in maintaining that party s action or defense on the merits.
Hi guys I have some bad news. But I am hoping you guys can help anyway.
The above mentioned case went with out activity since Sep 2016. But in May Admission were sent to me. (I did not get them my own fault since I moved) and I did not respond in time to the date of the hearing for the Motion for Admissions which was in May of this year (05/04/17)
So as it stands the Admissions have been admitted in to evidence.
So am I screwed. If all their admission are now by default true is their any defense?
The admissions are basically this:
I had account xxx,
Account XXX was issued by Chase
The balance was $$$$ on XXXX date.
I have made no payments since XXXX
Account XXX was sold to Midland on YYYY
Midland is the owner of XXX
No, the Judgment of Dismissal doesn't come till much later. First you file your MC-010 (with PoS-30) and serve a copy on Plaintiff (addressed to their attorneys).
I've just finished receiving my costs back from LVNV - and this while the suit had been dismissed back in July 2016. You can read about filing a Judgment of Dismissal here:
But you're not there yet. First, file your MC-010 with PoS (and serve a copy on Plaintiff). I didn't CMRRR it and they ignored me, so I suggest, since you're dealing with LVNV, to CMRRR it.
Wait 15 days (15 + 5 if serving my mail) to give them time to file a Motion to Tax (they didn't in either of our cases). If they don't respond with a check, then you can write them a letter reminding them that you've filed an MC-010 and send them a copy of it and give them another 10 days. If they still ignore you, then you can draft a Judgment of Dismissal.
Persistence is key here. Midland Funding paid our costs back fairly quickly so no Judgment of Dismissal was necessary. But it took nearly a year for LVNV to pay my cost of suit back (they cited that they never received either the MC-010 nor the follow up letter I sent them....uh-huh). The moment I successfully filed a Judgment of Dismissal (served them a copy with PoS) they ponied up.
But like I said, you're not there yet.
If I actually get on the phone with scum like this my goal is to waste as much of their time as possible. False address: 1313 Mockingbird Lane. I tell them to come on over with the documents and bring donuts I will make coffee. If the calls are becoming too often simply answer and tell them you know it is a scam and refuse to pay. They will move on to easier prey.