Jump to content

Went to Court on Demurrer


Recommended Posts

Heres a quick overview, CAP ONE / Mark Walsh sued me for a CAP ONE ACCOUNT. I filed a Demurrer in place of the answer. Went to court today. Walsh is a no show. Judge said he has read my Demurrer and I did a great job on it but he is going to deny it because they are not required to produce a contact at this point. He said to file an answer within 30 days and go from there.

So, my question is, once I file the answer then what? Whats the history of these clowns showing up in court?

This is in Calif by the way.

Thanks

Link to comment
Share on other sites

A demand for the production of documents is one form of "discovery" that you are allowed to propound on the plaintiff. You ask for documents and the plaintiff is required to produce them. You can also serve interrogatories (questions that plaintiff must answer under oath) and requests for admission (admit that defendant's last payment was on July 19, 1997).

Frequently, a JDB plaintiff will not respond or will respond with objections only. Under California law, you are required to "meet and confer" with the responding party (send them a letter pointing out the deficiencies and demanding a further response). If that is ignored, you file a motion to compel, asking the Court to order a further response. If there is still no response, the Court will sanction the responding party and even dismiss the case.

The point is this. Many JDBs want to file the complaint and get a default judgment. They don't want to work. If you make them work, they will often fold.

Link to comment
Share on other sites

First of all, make sure you can file the form answer (the instructions and limitations are on the form itself). Then, you can serve the document demand any time you want. You do not file it with the Court. Just serve it on plaintiff's counsel and do a proof of service which you should maintain.

Link to comment
Share on other sites

got it, thanks. I will file the answer nest week then follow up with the doc. demand the following week.

One more question, when I filed the Demurrer I had to do a cover type sheet with it. What is required as a cover sheet with the answer?

Thanks

Link to comment
Share on other sites

thats what I mean. I had to do one for the Demurrer, had no idea so I had to go back home and do it then return to the court to file it, I live about and hour away so I want to save the extra trip if I can!

Thanks again

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.