How To Proceed?

[tsegnit]

I have just found (on the superior courts' internet site) the details for the firm that is seeking a motion for judgment against me. My question is;

A) should I respond with a basic motion for dismissal OR

add all of the applicable affirmative defenses?

The laughable scenario includes so many miscues, misrepresentations, incorrect information, questionable procedures that I am going to have fun with this.

1) they (law firm) clearly state at the end of their correspondence "this is ... from a collection agency". In their paperwork to the court they state they are "legal counsel for the plaintiff". Any technicality here?

2) they asked for a Motion for Default to Appear ... it is stated on their motion that the papers were delivered to me on 3/14/07. The postmark on the (regular mail) is 3/15; on the courts' internet site it states that their entry date for their motion was on 3/16. This last date was only made public knowledge to me by my checking the website on 4/14. They (law firm) state that they paid $88 to have papers served on me by a sheriff; that never happened.

3) the return address on the Motion I received was some nondescript return address. (did not name the firm whereas previous correspondence prominently did)

4) Some time back, I challenged an entry on my credit report that showed the same account number being being reported by a different collection agency and Uniscum Partners; I have the paperwork that shows that "after investigation, we found these entries to be invalid". They were subsequently removed. Is this a good piece of ammo (the removal) and should I send a copy to the court w/ my motion to dismiss or save it for another day?

5) When they initially contacted me, they stated "if any or all... is not agreed to... and you DO NOT RESPOND WITHIN 30 DAYS" all claims we have made will be considered as valid... I promptly responded (CMRRR) that I did not agree and asked for validation; I too noted that they had 30 days to respond. It took them on the order of 4 MONTHS to return a package of rat snot. Can I use this as a SOL because of the tardiness of their response?

I could go on and on, but I feel I've bored everyone enough. Any input would be appreciated.

Thanks to all,

Tom

[MountainDude]

I can't tell from your post where exactly you're at in this action? Did they move for Default b/c you failed to appear or is it a Summary Judgment hearing because you didn't answer the complaint or discovery?

Either way, from what you said in the post, if you can make it past this motion/hearing, you look like you've got a pretty decent case.

Again, w/out knowing exactly what the motion or hearing is, it sounds like you need to:

1. Make sure you respond to their complaint/motion within the allowable time;

2. Make sure you respond to every allegation in the complaint/motion;

3. Have a good reason for not answering or responding.

If they are claiming that they are sending you things that you haven't received, then you ABSOLUTELY need to go down to the Court House and copy your file.

Don't get too wrapped up in the Credit Agency/Attorney relationship - Keep in mind that the original of every legal document sent to you is filed with the Court. As long as those legal documents are signed by an attoreny, it's not a big deal. As long as there is a case going, you will be corresponding with the CA's attorney. It's all right if the attorney's address is non-descript, as long as the attorney signed the motion/complaint and there is a viable mailing address.

If it was a complaint, then they have to prove that you were served. If they are claiming that a Sheriff served you, then there should have been a copy of Completion of Service or whatever your state requires, signed by the Sheriff or Deputy who served you.

Again, go get a copy of your court file.

j

[direred]

I only know California civil procedure, and I only know it one-paralegal-class well, so consider that a disclaimer.

In California, you'd file a limited appearance (limited is important) for a motion to quash service of summons because you hadn't been served.

Imho, this is a matter for a lawyer, but if you say that and you want them to file the CT equivalent for you, they'll know the right thing to file.

Of course, then they WILL serve you, but at least it buys you time.

ETA: I know about the limited part in part because I once appeared in court when the court had no personal jurisdiction over me, but the fact that I appeared gave them personal jurisdiction. It worked out okay, actually (I won).

[nascar]

I once appeared in court when the court had no personal jurisdiction over me, but the fact that I appeared gave them personal jurisdiction.

Yes, that can get tricky.

[TheRoadBack]

Yes, that can get tricky.

I did the same thing nascar