SLIP240 Posted August 12, 2011 Report Share Posted August 12, 2011 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 Link to comment Share on other sites More sharing options...
debt_prose Posted August 12, 2011 Report Share Posted August 12, 2011 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... Link to comment Share on other sites More sharing options...
calawyer Posted August 12, 2011 Report Share Posted August 12, 2011 (edited) 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 thanksDid 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 August 12, 2011 by calawyer Link to comment Share on other sites More sharing options...
SLIP240 Posted August 13, 2011 Author Report Share Posted August 13, 2011 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? Link to comment Share on other sites More sharing options...
CastelF Posted August 13, 2011 Report Share Posted August 13, 2011 They tried to sue me, i got a lawyer and won.. Link to comment Share on other sites More sharing options...
calawyer Posted August 13, 2011 Report Share Posted August 13, 2011 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. Link to comment Share on other sites More sharing options...
VLDCA Posted August 14, 2011 Report Share Posted August 14, 2011 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? Link to comment Share on other sites More sharing options...
Seadragon Posted August 15, 2011 Report Share Posted August 15, 2011 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. Link to comment Share on other sites More sharing options...
SLIP240 Posted August 15, 2011 Author Report Share Posted August 15, 2011 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 Link to comment Share on other sites More sharing options...
VLDCA Posted August 15, 2011 Report Share Posted August 15, 2011 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 questionsMidland 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? Link to comment Share on other sites More sharing options...
SLIP240 Posted August 15, 2011 Author Report Share Posted August 15, 2011 well, im in the process of responding to the request for admissions as we speak. i was told i could still file it in the morning before i go to court.just trying to find what a response looks like so i can get started Link to comment Share on other sites More sharing options...
VLDCA Posted August 15, 2011 Report Share Posted August 15, 2011 (edited) 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 :: JustiaSeadragon 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 August 15, 2011 by VLDCA Link to comment Share on other sites More sharing options...
SLIP240 Posted August 15, 2011 Author Report Share Posted August 15, 2011 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. Link to comment Share on other sites More sharing options...
SLIP240 Posted August 15, 2011 Author Report Share Posted August 15, 2011 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???? Link to comment Share on other sites More sharing options...
VLDCA Posted August 15, 2011 Report Share Posted August 15, 2011 Just wanted to pop in to let you know I'm thinking about you guys!! SEADRAGON is the best!!! I Wish I knew as much as he does! Link to comment Share on other sites More sharing options...
VLDCA Posted August 15, 2011 Report Share Posted August 15, 2011 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? Link to comment Share on other sites More sharing options...
Seadragon Posted August 15, 2011 Report Share Posted August 15, 2011 Taking off-calendar means the court refused to hear it. good job now you have time to go on the counter offensive. Get some sleep. Link to comment Share on other sites More sharing options...
SLIP240 Posted August 15, 2011 Author Report Share Posted August 15, 2011 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!!!! Link to comment Share on other sites More sharing options...
VLDCA Posted August 15, 2011 Report Share Posted August 15, 2011 Oh good you have more time!!! Now you have the feel of it & the second time around you should be more relaxed! Good ole' Rory! LOL Link to comment Share on other sites More sharing options...
SLIP240 Posted August 15, 2011 Author Report Share Posted August 15, 2011 Thanks to all of you guys , especially seadragon and vldca for the support , I walked out of there all smiles! Link to comment Share on other sites More sharing options...
Seadragon Posted August 15, 2011 Report Share Posted August 15, 2011 to throw it back at them and say "take dis bull**** outta my courtroom".in legalese you did good.Glad to help. now for the counter attack. Link to comment Share on other sites More sharing options...
calawyer Posted August 16, 2011 Report Share Posted August 16, 2011 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. Link to comment Share on other sites More sharing options...
SLIP240 Posted August 18, 2011 Author Report Share Posted August 18, 2011 does that mean that they will probably just drop the entire thing all together? Link to comment Share on other sites More sharing options...
calawyer Posted August 18, 2011 Report Share Posted August 18, 2011 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. Link to comment Share on other sites More sharing options...
SLIP240 Posted August 25, 2011 Author Report Share Posted August 25, 2011 ever since our court date, rory clark's office has been lighting up my phone like crazy. should I answer and see what they have to say or continue to ignore them? Link to comment Share on other sites More sharing options...
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