c m chase Posted January 28, 2005 Report Share Posted January 28, 2005 *edit* Link to comment Share on other sites More sharing options...
CRDTNogood Posted January 29, 2005 Report Share Posted January 29, 2005 Yes, tell them they were properly served on X date, and their answer was due on X date. Since you have heard nothing from them regarding this, you are going to file a notice of default on the counterclaims if they don't answer by weeks end.How I would do it. Link to comment Share on other sites More sharing options...
luckyduck Posted January 29, 2005 Report Share Posted January 29, 2005 I, on the other hand, wouldn't. They are lawyers, and it is their job to know how to do their job. No sense at all in giving THEM the upper hand. If you gotta explain something prior to action to avoid the action, then by all means, but once court action is started, it's each man for himself.Live and let them hang themselves. They could just be waiting it out just to make you think they aren't keeping up, hoping to catch you off guard, and unprepared. Hope for the best, but be prepared for the worst. They could already be one step ahead of you. You gotta be one step ahead of them. Link to comment Share on other sites More sharing options...
c m chase Posted January 29, 2005 Author Report Share Posted January 29, 2005 Well, I already DID file for default on the counterclaims - almost a month ago. I didn't realize before that it was uncouth to do so. Then again, I'm pro se...I'll get away with it. Their objection to my motion for default was that I didn't have permission to file...though I did.Still no word from ol' judge. Link to comment Share on other sites More sharing options...
CRDTNogood Posted January 29, 2005 Report Share Posted January 29, 2005 I, on the other hand, wouldn't. They are lawyers, and it is their job to know how to do their job. No sense at all in giving THEM the upper hand. If you gotta explain something prior to action to avoid the action, then by all means, but once court action is started, it's each man for himself.Live and let them hang themselves. They could just be waiting it out just to make you think they aren't keeping up, hoping to catch you off guard, and unprepared. Hope for the best, but be prepared for the worst. They could already be one step ahead of you. You gotta be one step ahead of them.Well, I work in a Law Office and there is a thing called, "Courtesy". Remember the lawfirm is usually someone hired by the CA's insurance carrier to represent or defend their clients interests. Some local rules REQUIRE a meet and confer take place prior to any MTC or default... It is professional to let them know you plan on taking their default. It's EASY for them to get the judge to set it aside, so why not win some bargaining chips.For those who disagree, that is fine, but I'm telling you from being a successful Pro Se Consumer Litigant and from being a Paralegal in a Civil Litigation Firm.I would send a letter and fax it to them with a hard copy mailed with a specific date and time you need their answer or you will move the court to enter the default. Link to comment Share on other sites More sharing options...
c m chase Posted January 29, 2005 Author Report Share Posted January 29, 2005 Since I know more about it now that I did, and I see that there is that courtesy (barf), then I agree that I should send something...to, if nothing else, at least speed the process along.How long should I give them? They've had and have ignored the amended counters since December 3. 10 days? 20? I mean, how long does it take to say "denied" ? Thanks CRDT. *edit to add*This letter doesn't have to have anything to do with the court does it? I don't have to file any kind of notice that I sent them a request to answer, do I? Link to comment Share on other sites More sharing options...
calawyer Posted January 29, 2005 Report Share Posted January 29, 2005 Hold on a second. They filed an objection to your request for default. Didn't you respond to the objection? Are you permitted to file a response under the rules? If so, that is where you spell out why it was proper to file the counterclaim without leave of court and why they were required to answer. Link to comment Share on other sites More sharing options...
c m chase Posted January 30, 2005 Author Report Share Posted January 30, 2005 I've never seen anything in OK RCP saying I can file a response to an objection...though I've looked here and there. If I find where I CAN, then that's what I'll do and have the judge say "listen buddy, answer her counters" instead of me....that would certainly make me feel good. I'll keep looking for that info though...I'd love to show them they were wrong through that action. Thanks!*EDIT* (nevermind the edit....it didn't pertain to me) Link to comment Share on other sites More sharing options...
c m chase Posted January 31, 2005 Author Report Share Posted January 31, 2005 *edit* Link to comment Share on other sites More sharing options...
c m chase Posted January 31, 2005 Author Report Share Posted January 31, 2005 Sent the above letter today. Filed a copy with the clerk (which she told me I should do). Also hand-delivered a copy to the judge. We'll see. Link to comment Share on other sites More sharing options...
miracle Posted January 31, 2005 Report Share Posted January 31, 2005 Crossing my fingers for Miss Chase!!! :) Link to comment Share on other sites More sharing options...
bigdaddyroy Posted February 1, 2005 Report Share Posted February 1, 2005 Best of Luck! We all are cheering for you! Link to comment Share on other sites More sharing options...
Recommended Posts