Ok you guys. I have an interesting situation I’m in. I recently had a judgement against me vacated on August of 2017. During my hearing, my opponent (midland funding) did not show up. The court granted this motion and vacated the judgment. The court then moved on its own motion to reopen the case for a new hearing in December 2017. I went to the new trial and some random person (probably an attorney who has no idea about the case) she showed up to court to claim the debt and tried to negotiate outside the court. I of course wasn’t interested in negotiating at all since I never entered into a contract with them. Anyway, we sat back down in court and the judge asked me if I had received any papers at all directly in the mail. I said no — none. He then said, I was supposed to be properly served these papers because you need to know what’s in them. I said “Ok how do I get them” then he said to the attorney to send a copy of the documents for me to see. Then he followed up with saying he will reschedule this hearing to a new date in January 2018 so I can look it over.
I went onto onto the court website and noticed they had filed a declaration in Liu statatement CCP 98 in October of 2017 of which I didn’t get a copy because they sent to an address that I haven’t lived in since 2013.
I tried filing a motion to strike ccp98 but the window was closed for me to do so (according to the clerk)
i now have two options from my research. I can do a motion of limine or I can do an ex party to ask the judge to let him know about my motion within the time frame I have before my next hearing in January 2018 and why I didn’t respond to their October 2017 filing.
Which is more effective at this point considering the circumstances? I will also subpoena their “witness” to come to court but need to know which of the two options helps the most.
Any legal masterminds out there that can help? 😊