Touchdown

Hello @sadinca, I saw many of your posts from a past thread that were in response to interrogatories and requests for admissions. Just curious if you're an attorney of if they were drafted by an attorney, or if you used those for your own cases successfully? As you can see above, I need to respond immediately. Thanks!

Got it. In the last thread I saw several objections responses for the interrogatories and requests for admissions, is it a bad idea to use those?

Thanks. I just started a new thread, here it is:

Additional info - my low income / financial hardship allows me to file for chapter 7 bankruptcy, along with receiving free legal aid to do so. This is not my first choice, but may serve as a negotiating tool for a settlement agreement (my ultimate goal). Does the language above that states "It is mandatory that the court impose a monetary sanction under Chapter 7" mean that even if I file chapter 7 they can still collect?

(Initially, I posted this in another thread, below is what I posted there) Facts: my case is limited - under $25k, I already had my CMC, they sent me their discovery but I overlooked it and I am now past my 30 days (at about 50 days). I was just served a second time with a copy of the original discovery packet along with a cover letter that states the following: "Under section 2033.280(b), Defendant waived their right to object to any of the requests we propounded on behalf of our client. Accordingly, we now demand that they serve us with their response to request for admissions on or before ______ date WITHOUT OBJECTION." "NOTICE: "The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). The court shall make this order, unless it finds that the party to whom the requests for admission have been directed as served, before the hearing on the motions, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (C.C.P. 2033.230 (b) AND (c).) Questions: 1) Where do things stand? Can I still object/deny their interrogatories and admissions? (I can still respond by the date they are now demanding) 2) If I am able to object/deny, can I send them a BOP along with my response? It seems that some of the good objections in this thread refer to the BOP. 3) What does the "monetary sanction under chapter 7" mean exactly? Does it mean that even if I file chapter 7 bankruptcy they can still collect? It would be great to hear from you @calawyer and @shellieh98 !!!

By today

Hi all, I have a case with Winn/Cavalry from a Citi CC as well. Facts: my case is limited - under $25k, I already had my CMC, they sent me their discovery but I overlooked it and I am now past my 30 days (at about 50 days). I was just served a second time with a copy of the original discovery packet along with a cover letter that states the following: "Under section 2033.280(b), Defendant waived their right to object to any of the requests we propounded on behalf of our client. Accordingly, we now demand that they serve us with their response to request for admissions on or before ______ date WITHOUT OBJECTION." "NOTICE: "The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). The court shall make this order, unless it finds that the party to whom the requests for admission have been directed as served, before the hearing on the motions, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter & (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (C.C.P. 2033.230 (b) AND (c).) Questions: 1) Where do things stand? Can I still object/deny their interrogatories and admissions? (I can still respond by the date they are now demanding) 2) If I am able to object/deny, can I send them a BOP along with my response? It seems that some of the good objections in this thread refer to the BOP. 3) What does the "monetary sanction under chapter 7" mean exactly? Does it mean that even if I file chapter 7 bankruptcy they can still collect? It would be great to hear you @calawyer and @shellieh98 !!!