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Everything posted by woodbutcher2986

  1. Thank you everybody for this information and for the timely answers.It is very much appreciated. I have been struggling with another issue if you might offer a suggestion that would be great. When filing with the court, do I have to walk in and give it directly to the clerk or can i fax/mail it? My case is managed in san joaquin county. Can somebody else walk into the courthouse and file for me? I work long hours and it's difficult to take time off at this moment. Thank you everybody.... Oh while we're on the topic, does anyone have any suggestions for answering the typical cut and paste specially prepared interrogatories, request for admission, and demand for production of documents. The attorneys for plaintiff are Hunt & Henriquez. Thanks again
  2. I was wondering if I could get an opinion on what someone should do if they find themselves in this situation. Lets say I got sued by portfolio recovery for a past credit account around the amount of $1750 in California. After receiving discovery, I simply decided to exercise the right to plead the fifth because to my understanding (which at the time was limited and still is), to have answered the questions would be testifying against myself. Also, is it not the Plaintiff who holds the burden of proof needed to win the case? Consequently, A motion to deem admissions was entered and court date will be in a few weeks. Would it be a better idea at this point to just answer the discovery or should I just ride this one out and push the point that unless there's proof of the debt, how can there be a judgment against me? Also, if completing discovery ends up being my best option, would it be wise to file it with the court so that the judge might see it and decide not deem the truth of facts specified in the motion to be deemed admitted in his tentative ruling? Thank you
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