ynkewmn Posted October 19, 2004 Report Share Posted October 19, 2004 This post is in reference to another one I submitted on sept. 14 "Is this a DV?"I have until Thursday, 21st. to file my answer. Most here know about my pending BK, but I want to have this case dismissed with prejudice on grounds 1) Improper Service (no certificate of service) 2) Plaintiff was not present at hearing. And possibly, 3) Continued collection without validation, minded CA Attny. is collecting for OC, but this attny. is responding to DV letter sent to previous CA whom did not attempt to validate. Question; Would it be advised here that I ignore the suit, do not file answer, and do not appear in court Nov. 2, to then let OC get default judgement and later have it vacated? It will cost me over 100.00 to file my answer. I will answer no to all claims file motion to dismiss, based on the above defenses. (?)My attempt here is to stall for time, with the pending BK, don't really want another judgement on record. I know the debt would be IIB, but this particular OC/CA attny. has two previous judgements against us. We could have responded, had defenses, but BK attny. advice, just let it go to judgement. This CA is sloppy, and they don't have much to prove validation. I guess they decided to take two other cases against us because we failed to show at the two past suits. THIS FIRM, is now also representing OC in another case against DH, and DID NOT again, show up at the hearing. Is that grounds for dismissal????? I haven't gotten a straight answer concerning that.THANKS! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 19, 2004 Report Share Posted October 19, 2004 It doesn't really matter. If you think you have counterclaims against the CA, then asnwer and bring teh counterclaims. If you are going BK, it is wiser to let it go and add it to your estate. You are paying a BK lawyer for advice, listen to him Link to comment Share on other sites More sharing options...
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