Case Management Conference (Order to Show Cause Hearing)

[Confused in CA]

Evening all ,

Later this month , I have an Order to Show Cause Hearing , and was wondering if this is the same as a Case Management Conference , just worded differently...I am assuming it is , as I have to , and will file a Case Management Statement at least 15 days prior to the meeting.

I have completed and mailed my Discovery answers to the Plaintiff's attys. (A JDB outfit) within the required time period.

I have also sent the Plaintiff's attorneys requests for Admissions , Interrogatories , Request for Production of Documents , and also a Bill of Particulars (more on that further down).

As we know , the Plaintiff has 30 days to respond to , and complete such discovery , however on the 30th day a paralegal called me to request an extension as they were waiting on some documents..blah blah blah...I did grant them another 5 days plus 5 days for mailing , and this time frame expired today...Nothing in the mail

If I have still not received anything by the time my Hearing comes around should I ask the court at this meeting to compel them to respond , or just let it go and wait for trial and object to any evidence they try to bring in .

The Plaintiffs attys. did however respond to my Bill of Particulars(not very well IMO)

The B of P I composed asked for the following...

1. How much did plaintiff pay for alleged debt.

2. The dates when services were provided.

3. The specific charges for the services.

4. The place where services were performed.

Their responses.

1. The OC is HSBC card services (doesn't quite answer #1)

2. The date the acct. was opened is Sept.XX 20XX (again , not really answer specific)

3. The date of the last payment on the acct. is Nov. XX XXXX

4. The outstanding principal balance is $XXXXX.00

Just for good measure they threw this info. in , which I had decided on purpose not to include.

5. The Plaintiff Scum JDB is currently attempting to obtain a copy of the Acct. from the Original creditor HSBC.

Any ideas on whether I should , or even could make them actually answer the questions i had asked....Or would it be better left untouched.

They also attached Exhibit 1 to their response..what looks like a computer generated copy (no official headings and not on formal HSBC company paper) Bill of Sale signed by a VP Asst. secretary.

Does this look like the JDB is lacking much evidence judging by their actions or lack thereof?

Also one last question , at the upcoming hearing can objections to evidence be made then or is that strictly for Trial day!!

Thanks again for all your help and the wealth of knowledge you have provided on these forums.

[ADSOFT]

There is document you send when plaintiff's respose to BOP is not adequate. Then you file motion for evidence not be allowed ( according to doc). At that point, they don't have a case. MTD.

I started a thread on CONSIDERATION, I would read that. If they can't prove they own the debt, you should be able to get case dismissed MTD.

I would make them respond to BOP properly and if not file motion to dismiss or motion to not allow evidence.

[FL4answer58]

Read the the last few posts - it will help.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304222&page=2

[Chapel Hill]

Read the register of actions carefully. The order to show cause hearing notice should be on the Court's own motion. If that is in fact the case you have been dealt a really good hand. It means the jurist hearing your case is sick of the BS being promulgated by the vast majority of law firms practicing collection case law in your jurisdiction. That jurist is calling the plaintiff via their trial counsel to come into open court and explain their actions or as is the case in most actions I've found in my research, a lack of prosecuting their claim.

Read the register. Print it out. Go the the law library. Research motions to compel. Motion for leave to file a cross action. What you should file depends on where your case is. Given that the court is scheduling a show cause hearing I'd say the class was approaching the one year mark and the judge wants to resolve the case via trial or dismissal.

You should talk to a lawyer familiar with collection law.

[jonbirdt]

The OSC is automatic and can be for any number of things. one is always set for a proof of service, but then taken off once an answe ris filed. As above, look online and see what the OSC is for- Failure to appear at a prior conference? and who is it against? The CMC is just to set the case for trial. no evidence is taken at a CMC and the court just wants to know if you are ready for trial. If you file your CMC statment at least 15 days before the court may just vacate the hearing and set a trial date.

[Confused in CA]

Thanks for your responses....My OSC is for tomorrow , and just today , I received in the mail from the Plaintiffs Atty's what is apparently a "declaration in opposition to order to show cause" that they must have filed with the court.

Now after having thoroughly read the OSC it appears as if this was the courts own motion...The reason for this hearing according to the court document is for "failure to file" a case management statement by the Plaintiff..interesting , seeing as a CMC has never been scheduled that I'm aware of , and this would be mine and the Plaintiffs first visit to court for this matter.

Given that the court is scheduling a show cause hearing I'd say the class was approaching the one year mark and the judge wants to resolve the case via trial or dismissal.

I'm about 7 months into this .

Feeling a bit nervous about this and hoping the plaintiff is a no show tomorrow...If not , I will go on...will let you know what happens tomorrow.

[Chapel Hill]

Being sued is not the end of the world. You won't die if they get a judgment against you. If you keep your composure and think thru this they won't get a judgment against you at all.

As your research has shown your judge is calling these bastards to the carpet. Keep reading. Find out as much as you can about the lawyers who area suing you. How many cases since 2008? What was the dispostion of those cases? Answer those questions and you're really to win at trial.

I can tell you sight unseen you will find that 94% or more of the cases were dismissed without prejudice or a default was taken. Any case where the defendant brought in a competent attorney the case was dismissed with prejudice. Any time a cross complaint was filed the case was dismissed with prejudice. If an attorney opposed and the case ended with a dimissal without prejudice the defendant was screwed three times. Once by the plaintiff. Once by the judge who let bs clog his/her calendar. Once by the defendant's attorney who did nothing of value for his/her client.

You're in California. You can beat these guys but you can't be a girly man about it. You have to do the work. Show up at the Order to Show Cause hearing not hoping that the other side doesn't show. You want them there. You want them there early so you can learn all you can. You want to kick their a$$ at trial. To do that you have to learn about them. Let em show. You shouldn't be afraid of any lawyer who practices this kind of law.

[Confused in CA]

Ok......Still trying to wrap my head around this and figure out what happened. Forgive me if this gets long winded and confusing as I am a baffled too. The time lines just don't make sense to me.

On Sept. 7 OSC hearing was scheduled by the court for Oct. 19

Went to court (Oct. 19) and did not see my case # on the calender posted outside the courtroom.

Went inside once the doors had been opened and spoke to the court clerk and asked him if my hearing was scheduled as per court document..He said it had been moved off calender on Sept. 8.

Asked him why it had been canceled and he told me because the Plaintiff's Atty had now filed the correct paperwork (case management statement). I received copies of this statement on Oct. 19...Signed and dated by Plaintiff Atty. on Oct. 14

In addition Plaintiffs Atty had filed a declaration in opposition to OSC on Oct. 11.

So what I don't understand is how the OSC hearing was canceled on Sept. 8 which is way before any of this paperwork was filed by Plaintiffs Atty.

I then asked the court clerk approx. when the Case Management Conf. might be scheduled , and was told there wouldn't be one and trial date would be set in the future. I was under the impression that all cases would have a Case Management Conf. before trial. Maybe I'm wrong.

I had also not received anything from the court stating that the Hearing had been canceled.

I may be reading way too much into this , or is something amiss here?

Any help would be welcomed with open arms.

[ADSOFT]

Ok......Still trying to wrap my head around this and figure out what happened. Forgive me if this gets long winded and confusing as I am a baffled too. The time lines just don't make sense to me.

On Sept. 7 OSC hearing was scheduled by the court for Oct. 19

Went to court (Oct. 19) and did not see my case # on the calender posted outside the courtroom.

Went inside once the doors had been opened and spoke to the court clerk and asked him if my hearing was scheduled as per court document..He said it had been moved off calender on Sept. 8.

Asked him why it had been canceled and he told me because the Plaintiff's Atty had now filed the correct paperwork (case management statement). I received copies of this statement on Oct. 19...Signed and dated by Plaintiff Atty. on Oct. 14

In addition Plaintiffs Atty had filed a declaration in opposition to OSC on Oct. 11.

So what I don't understand is how the OSC hearing was canceled on Sept. 8 which is way before any of this paperwork was filed by Plaintiffs Atty.

I then asked the court clerk approx. when the Case Management Conf. might be scheduled , and was told there wouldn't be one and trial date would be set in the future. I was under the impression that all cases would have a Case Management Conf. before trial. Maybe I'm wrong.

I had also not received anything from the court stating that the Hearing had been canceled.

I may be reading way too much into this , or is something amiss here?

Any help would be welcomed with open arms.

Every court has it's own procedures, learn about local rules.

Also, have you filed a BOP or any discovery. You HAVE TO SHAKE THIER TREE and see what they have on you otherwise you are just waiting for a trial date and are going to be taking your chances. Do some discovery.

[Confused in CA]

Yes Chapel..at the top of this thread is the B o P I composed and the response I got from the Atty.....I have also sent them Interogs and Admissions and Request for Prod. of Documents. and have received their answers...basically a 100 page dossier of photo copies and 7 items listed as exhibits.

[Massive]

Did they produce a bill of sale identifying the original creditor, you, your account number and the correct balance owing?

[ADSOFT]

Did they produce a bill of sale identifying the original creditor, you, your account number and the correct balance owing?

Yep It may not be enough.

I wonder if they produced a contract?

[Confused in CA]

Hi Massive ,

They do have my correct acct. #....There is also a bill of sale with no acct. # or my name or balance owing , attached from the OC...and as far as I can tell the amount owing seems to be in accordance....this was all in the their response to my demands for Production of Documents.

[Confused in CA]

Adsoft ,

No original signed contract either.

[ADSOFT]

Adsoft ,

No original signed contract either.

You don't have to have a signed contract to be obligated to a CC OC: Truth in Lending.

However they have to provide a contract and witness. How do you know if they just didn't make up a statement.

They also have to prodvide a contract which states the terms. If they changed thier rates within the last few months that you stopped paying they could be in default, WHICH MIGHT PUSH YOU INTO SOL.

If all the numbers add up, at this point you should be looking at contract and witnesses. SHOULD they provide that then you might be able to do arbitration or meet with the plaintiff and arainge some kind of settlement(keep a judgement out of your CR).

Seems like they have some of the info but not all at this point. They have to also prove they own the loan otherwise you might pay the wrong person and get sued again.

[Chapel Hill]

Ok......Still trying to wrap my head around this and figure out what happened. Forgive me if this gets long winded and confusing as I am a baffled too. The time lines just don't make sense to me.

On Sept. 7 OSC hearing was scheduled by the court for Oct. 19

Went to court (Oct. 19) and did not see my case # on the calender posted outside the courtroom.

Went inside once the doors had been opened and spoke to the court clerk and asked him if my hearing was scheduled as per court document..He said it had been moved off calender on Sept. 8.

Asked him why it had been canceled and he told me because the Plaintiff's Atty had now filed the correct paperwork (case management statement). I received copies of this statement on Oct. 19...Signed and dated by Plaintiff Atty. on Oct. 14

In addition Plaintiffs Atty had filed a declaration in opposition to OSC on Oct. 11.

So what I don't understand is how the OSC hearing was canceled on Sept. 8 which is way before any of this paperwork was filed by Plaintiffs Atty.

I then asked the court clerk approx. when the Case Management Conf. might be scheduled , and was told there wouldn't be one and trial date would be set in the future. I was under the impression that all cases would have a Case Management Conf. before trial. Maybe I'm wrong.

I had also not received anything from the court stating that the Hearing had been canceled.

I may be reading way too much into this , or is something amiss here?

Any help would be welcomed with open arms.

=================================================

Not every case has a CMC to my knowledge however the dates you articulate above don't make sense. You CAN NOT depend on comments by some hourly worker. No disrespect intended for the very nice clerk you talked to. However this is your LIFE. Pull the damn file and read what's there. At the end of the day the only thing that matters is the written record. How and why did the OSC hearing get kicked? You need to gather your facts and respond accordingly. You should also begin the push back, HARD.

You mentioned something about the morons responding to your discovery. **** em. Their responses would be unsatisfactory to me. Make sure your facts will pass muster, send em 1 meet N confer letter and then motion their a$$. Specifically, call the jerks and tell them something based on what you actually read in the case file. Then follow that conversation up with a faxed letter next business day. Prior to making that call contact the court clerk by email so you have evidence of your ex parte action with respect to setting a motion hearing. Clerks will be part of the process if you have a bad judge so you don't want to do anything that you can not document to the presiding judge and elsewhere.

Get a motion to compel hearing date, call the jerks, fax the jerks, file motion to compel, then motion for sanctions. These are general how I litigate statements. You have to do what your specific set of facts dictate in your case. Good news you should be able to twist your facts to follow my process. Basically, you want to become a worthy adversary. You want to bring the pain. They will write you a check and go after low hanging fruit if you make prosecuting a claim against you expensive. Drive up their costs and they will bail on the action. Show any chance of kicking their a$$, they will bail on the action. Make it clear you will never in this lifetime write them a check and they will (SAY IT TOGETHER BOYS & GIRLS) bail on the action.

[ADSOFT]

=================================================

Not every case has a CMC to my knowledge however the dates you articulate above don't make sense. You CAN NOT depend on comments by some hourly worker. No disrespect intended for the very nice clerk you talked to. However this is your LIFE. Pull the damn file and read what's there. At the end of the day the only thing that matters is the written record. How and why did the OSC hearing get kicked? You need to gather your facts and respond accordingly. You should also begin the push back, HARD.

You mentioned something about the morons responding to your discovery. **** em. Their responses would be unsatisfactory to me. Make sure your facts will pass muster, send em 1 meet N confer letter and then motion their a$$. Specifically, call the jerks and tell them something based on what you actually read in the case file. Then follow that conversation up with a faxed letter next business day. Prior to making that call contact the court clerk by email so you have evidence of your ex parte action with respect to setting a motion hearing. Clerks will be part of the process if you have a bad judge so you don't want to do anything that you can not document to the presiding judge and elsewhere.

Get a motion to compel hearing date, call the jerks, fax the jerks, file motion to compel, then motion for sanctions. These are general how I litigate statements. You have to do what your specific set of facts dictate in your case. Good news you should be able to twist your facts to follow my process. Basically, you want to become a worthy adversary. You want to bring the pain. They will write you a check and go after low hanging fruit if you make prosecuting a claim against you expensive. Drive up their costs and they will bail on the action. Show any chance of kicking their a$$, they will bail on the action. Make it clear you will never in this lifetime write them a check and they will (SAY IT TOGETHER BOYS & GIRLS) bail on the action.

Very well put.

btw, I thought you couldn't get sanctions on the plaintiff. If there is a way, please tell me. I want to nail the lawyer suing me. Turns out that he knows he doesn't have enough docs to prosecute, now he wants to have my answer stricken and get a default. ... turns out that he didn't follow the courts rules and advice me of hearing, so that MOST LIKELY won't work, but I want to sanction him for bringing up the motion since he claims under perjury(???, or what ever) that I haven't done anything to defend myself(I sent BOP, answered and have been at every hearing I was told about, wtf).

[Chapel Hill]

Very well put.

btw, I thought you couldn't get sanctions on the plaintiff. If there is a way, please tell me. I want to nail the lawyer suing me. Turns out that he knows he doesn't have enough docs to prosecute, now he wants to have my answer stricken and get a default. ... turns out that he didn't follow the courts rules and advice me of hearing, so that MOST LIKELY won't work, but I want to sanction him for bringing up the motion since he claims under perjury(???, or what ever) that I haven't done anything to defend myself(I sent BOP, answered and have been at every hearing I was told about, wtf).

=====================================================

Adsoft I am very clear in the things I post that my experience and comments relate directly and only to the 58 counties which comprise the Great State of California.

To be clear, filing a motion for sanctions is part of an overall legal strategy. A person in CALIFORNIA can take the information in my posts and then based on their individual situation come up with a strategy that works with their particulars. There is no silver bullet. A person who wants his or her case dismissed with prejudice and a payment from the plaintiff of at least $7000 has to do work. They have to pull and read cases. They have to make 50 plus copies per month. They have to file motions. They have to walk into open court each and every single time their case is called, NO EXCEPTIONS. When a cross-defendant does those things in CALIFORNIA they drive up the legal fees of the plaintiff/cross-defendant. They get close to $6K to $8,500 in legal fees, collection lawsuits in California go away. The kicker is you must have filed a cross action. Without the cross they walk away clean. With a cross complaint they can not walk away without first paying because you made them your bytch.

[ADSOFT]

=====================================================

Adsoft I am very clear in the things I post that my experience and comments relate directly and only to the 58 counties which comprise the Great State of California.

To be clear, filing a motion for sanctions is part of an overall legal strategy. A person in CALIFORNIA can take the information in my posts and then based on their individual situation come up with a strategy that works with their particulars. There is no silver bullet. A person who wants his or her case dismissed with prejudice and a payment from the plaintiff of at least $7000 has to do work. They have to pull and read cases. They have to make 50 plus copies per month. They have to file motions. They have to walk into open court each and every single time their case is called, NO EXCEPTIONS. When a cross-defendant does those things in CALIFORNIA they drive up the legal fees of the plaintiff/cross-defendant. They get close to $6K to $8,500 in legal fees, collection lawsuits in California go away. The kicker is you must have filed a cross action. Without the cross they walk away clean. With a cross complaint they can not walk away without first paying because you made them your bytch.

Sorry, didn't know that a cross complaint would give me the oppertunity to come after them. I was told that a defendent in proper could not file for sanctions.

Are you saying that without a cross complaint I can't ask for sanctions?

[ADSOFT]

Well I guess you might be able to?

http://www.sshbclaw.com/2009.11%20TBN_ThinkBeforeYouObject_S.Sheshina.pdf

[Chapel Hill]

Sorry, didn't know that a cross complaint would give me the oppertunity to come after them. I was told that a defendent in proper could not file for sanctions.

Are you saying that without a cross complaint I can't ask for sanctions?

===============================================

Sanctions aren't about money in your POCKET. The goal is the make the other side pay. If they pay sanctions of $500 or more a pop and you do that a few times you've made engaging you way more time consuming and expensive than they will tolerate.

Please understand. Sanctions are part of an overall legal strategy. Cross-Defendant will not be awarded sanctions. However if you win every single motion you will drive their costs up and they will quit.