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Court on Monday 08/15/2011


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I have court on monday with Midland funding but this is for them trying to get money from me because they state i never responded to the request for admissions. I filed in court stating i never received such documents. what should i bring to court and what should I say. can i ask for a continuance and ask law office of rory clark to resend to me? any suggestions will be great thanks

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you definitely should show up in court and ask for continuance (so that you'll have more time to respond/deny their RFA, etc) - pleading that you never received their RFA. They probably will try to show proof that they did serve you RFA, etc.

p.s. this is my 2 cents opinion...

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I have court on monday with Midland funding but this is for them trying to get money from me because they state i never responded to the request for admissions. I filed in court stating i never received such documents. what should i bring to court and what should I say. can i ask for a continuance and ask law office of rory clark to resend to me? any suggestions will be great thanks

Did you ever look at the proof of service of the RFAs to see if it had your address on it?

Go to Court and tell the Judge that you didn't receive the RFAs. You don't ask for a contunuance but simply that plaintiff's motion be denied and that you be permitted to answer the RFAs.

Edited by calawyer
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ok thanks guys. My wife and I were getting ready to throw in the towel but reading some of the other post has given me hope that we can win this. Since my wife is the only one named as plaintiff can I answer questions or make statements in court for her? or do I need to prep her on what to say?

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ok thanks guys. My wife and I were getting ready to throw in the towel but reading some of the other post has given me hope that we can win this. Since my wife is the only one named as plaintiff can I answer questions or make statements in court for her? or do I need to prep her on what to say?

You can't represent your wife.

Look at the proof of service. It is entirely possible that they sent the RFAs to the wrong address.

Good luck.

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ok thanks guys. My wife and I were getting ready to throw in the towel but reading some of the other post has given me hope that we can win this. Since my wife is the only one named as plaintiff can I answer questions or make statements in court for her? or do I need to prep her on what to say?

Oh NO don't thrown in the towel! I'm a stay at home Mom & I just won here in CA against Midland. I had them on their perfectly drawn up affidavit. I won with predjudice & court fees awarded. I felt up til the last second I was done. Its all mind games. Get well prepared tonight. They may be banking on this 1 thing. I don't know your case but good ole' Rory Clark ended up involved in my case....lol He gave me some great evidence. I did not have to use it b/c I subpoenaed the witness at his office & she didn't respond. Midland objected to me being late on my CCP 96 & the judge wasn't going for it.

Listen to CALAWYER!! He helped me w/ my case!

Do you have anything on them?

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Also Your wife is going to have to file a declaration stating that she did not receive the rfa's and she is going to argue. They will come up with a proof of service so you have to trump them by filing the responses with the court first thing in the morning. also file the opposition with responses.

since they did not submit them until the motion to deem the responses are timely.

Did they meet and confer? If they didn't prior to filing the motion then tell the court that failure to confer would preclude sanctions. The plaintiff's have a vested interest in getting these deemed admitted. defendant submitted responses after recieving the RFA's for the first time in plaintiff's motion to deem admitted. it was difficult for the answers and the opposition to be prepared in pro per. plaintiff's failure to meet and confer evidences plaintiff's attempt to deny defendant trial on the matter of denied in the answer.

I will help she can do this. the judges have to take it easy just maintain composure. most important to get the responses filed with opposition to the court tomorrow you are gonna have to gut this out i will help she will rest then in the morning she will go over what to say give me 1 hour and then i can help to 4am.

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We filed a declaration 2weeks ago stating we never received anything. I had that stamped by the clerk and I mailed copies to them certified. I'm nervous because it's my wife that's going to be up there. If it was me I could handle it . But she won't really know how to respond if they ask alot of questions

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We filed a declaration 2weeks ago stating we never received anything. I had that stamped by the clerk and I mailed copies to them certified. I'm nervous because it's my wife that's going to be up there. If it was me I could handle it . But she won't really know how to respond if they ask alot of questions

Midland will probably start off by saying you never responded. I would object then & say I filed a declaration stating I never received it & certified them w/ the declaration. Make them prove they actually have a POS. Make sure you have copies of the declaration for the judge & bozo.

Are you sure the affidavit has not been violated in anyway?

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I found this. Article 2. Response To Requests For Admission :: Code of Civil Procedure :: 2010 California Code :: California Code :: US Codes and Statutes :: US Law :: Justia

Seadragon is another one who has helped me! Hopefully he will respond soon. I didn't sleep a wink the night before trial. I actually had to go to trial twice b/c the first time the judge had to be at a meeting & didn't want to get into deep in the case. So I had to go back the following day to a bigger courthouse.

HTH's

Edited by VLDCA
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thanks, I called him earlier and he gave me some good advice. just finished my response and heading to bed. gotta be up early and be in court by 8am . wish me luck. I will post the result when i get back to work that day.

I just got out of court and guess what? Rory Clark didn't even show up!!! So the judge removed it from the calendar . So now what????

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I just got out of court and guess what? Rory Clark didn't even show up!!! So the judge removed it from the calendar . So now what????

LOL we posted at the same time!!!

I'm not sure what this mean. So NO ONE showed up??? WHAT?

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Yeah my wife was nervous as hell . We were sitting there wondering which guy was our mortal enemy and when the judge called our name none of them got up. Score!!!!

That is great. Plaintiff has most likely waived any right to move to compel further responses.

You should object like crazy if they try to renotice the motion.

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does that mean that they will probably just drop the entire thing all together?

The Code has time limits for MOVING to compel. So if the Judge denied the motion for failure to appear, they are probably out of luck. Check the docket and see what order the Court issued after the hearing.

Plaintiff might try to renotice the motion but my guess is they will not do so because it is very insulting to the Court when a lawyer doesn't show up and plaintiff will probably just want the Court to forget it ever happened.

If plaintiff does come back with some lame excuse, post again. You will want to oppose any request for another hearing. You showed up, at plaintiff's request, and no one bothered to tell you (or the Court) that plaintiff couldn't make it.

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