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Showing results for tags 'credit card debt lawsuit'.
(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 !!!
I just received a drop off summons and complaint from a JDB- Cache confirmed copy filed with the court with a case #- It was dropped off to the UPS Store and the clerk there said they ask if that person has a box and just hand him the complaint- I asked the clerk and he said a process server dropped it off. But I see NO PROOF OF SERVICE ATTACHED. I also asked the clerk if he signed anything to receive it- he said no. The complaint also states the debt was assigned to them in 2012. It also said within the last 4 years defendant became indebted. I will check the SOL on this and see what appears on my credit report as last payment by OC. I will use lack of standing to answer- but first I want to know if this is legitamate service?