elopez Posted November 7, 2007 Report Share Posted November 7, 2007 Recently I was served via mail the following court docs: proof of service, Supplemental Interrogatories & request for admission. The CA has also mailed, separately, copies of statements for account, as requested in response to my DV.Do I need to response to these court orders or docs. Please advise. I would rather go to court as I have legitimate life expenses such as child care, food, gas etc...I originally tried to negotiate payment however I was refused since I offered to pay small amount in comparison of the requested amount. Link to comment Share on other sites More sharing options...
charlanyc Posted November 8, 2007 Report Share Posted November 8, 2007 HI Elopez:)++Did you already answer the summons?You definitely need to respond to the Supplemental Interrogatories & request for admission.From what I've heard and experienced, Attorneys usually offer much lower settlements in court. However, be prepared with a better defense other than you have life expenses. Have you looked over their documents carefully for any errors or items that can be disputed as hearsay? Link to comment Share on other sites More sharing options...
genuwine Posted November 8, 2007 Report Share Posted November 8, 2007 I would serve my own discovery requests. Statements of account is not proof of contract. Request the original contract and any other written documents with your signature. Do this before they try to file for MSJ.Is there a copy of a contract on the record? Statement of account is not DV. Link to comment Share on other sites More sharing options...
charlanyc Posted November 8, 2007 Report Share Posted November 8, 2007 I would serve my own discovery requests. Statements of account is not proof of contract. Request the original contract and any other written documents with your signature. Do this before they try to file for MSJ.Is there a copy of a contract on the record? Statement of account is not DV.Genuwine gave good advice. I've heard this happening quite often. The defendant fails to respond and the Plaintiff files for MSJ.I assumed that you were aware of validation is. If they did not fully validate, then ask for discovery. There should be some examples of how to answer Interrogs on this forum.Good Luck! Link to comment Share on other sites More sharing options...
elopez Posted November 13, 2007 Author Report Share Posted November 13, 2007 Thank you both Charlanyc & Genuwine.The DV they sent me via mail were just statements.No I have not responded as of yet. I will respond with discovery. Link to comment Share on other sites More sharing options...
pbpb Posted November 15, 2007 Report Share Posted November 15, 2007 I'm curious... why are they allowed to serve you by mail? I thought in California you had to be served in person or by substitute service - where they serve a member of the household when they can't reach you. Link to comment Share on other sites More sharing options...
charlanyc Posted November 20, 2007 Report Share Posted November 20, 2007 It wasnt a summons. A Supplemental Interrogatories & request for admission were mailed. Link to comment Share on other sites More sharing options...
elopez Posted December 21, 2007 Author Report Share Posted December 21, 2007 I responded to their interrogatories from sample in this forum & I also request admission from them via interrogatories to which some responses were admit and some deny...what's next? Link to comment Share on other sites More sharing options...
debtorshusband Posted December 22, 2007 Report Share Posted December 22, 2007 I responded to their interrogatories from sample in this forum & I also request admission from them via interrogatories to which some responses were admit and some deny...what's next?Well, I'll just say this. In my wife's lawsuit, we consulted an attorney, who helped us fill out a General Denial to the complaint, and didn't charge us, but counted it as part of the intial free consultation. Then I contacted the plaintiffs lawyers and asked for documentation (essentially an untimely DV) with the idea of negotiating a compromise. When the plaintiffs lawyers sent us the Request for Admissions and Interrogatories, we retained the attorney to take over for us.You're braver than I am, for going it alone.DH Link to comment Share on other sites More sharing options...
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