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I WON! kinda

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I've been reading everything I could here since I was served a summons and complaint from a CA on March 1st (medical debt). In my state you are required to answer in writing within 20 days. I submitted my answer, motion to strike the assignment letter that was attached to complaint, a motion for more definite statement, and orders for hearings the judge to sign on March 18th. To my surprise the judge signed the orders for hearing and scheduled a time for today! At the last minute plaintiff’s attorney introduced an affidavit by the office manager from the OC dated march 30th. I knew that this introduction was against the rules of civil procedure so when she introduced it I objected and the judge told me she would hear it. Finally when it was my turn to argue I completely forgot to remind the judge that the affidavit was inadmissible :( so the judge denied my motion to strike, but the judge ordered plaintiff to provide me with itemization, dates of service, and account numbers by May 4th. I guess if they don’t provide it I can make a motion to dismiss? It should be a good trick for the plaintiff to provide that to me without violating HIPPA. So it was kind of a win today! I just wish I would have remembered to have reminded the judge not to allow the affidavit. Oh well live and learn. If I ever have to go to a motion hearing again I will remember the lessons learned today!

This site has been invaluable! There is a great wealth of knowledge here!

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