gowyo Posted April 5, 2011 Report Share Posted April 5, 2011 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! Link to comment Share on other sites More sharing options...
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