Destiny

If I don't answer the Plaintiff's Request, is there a chance that I could still win?

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I'm being sued by Midland Funding over a Capital One credit card that I never owned. However, I made the error of not informing my attorney of the discovery order. When I received the document in the mail stating my pretrial conference date, I mistakenly forgot to tell my attorney that it also mentioned that "Discovery may be conducted at this time." (I should have made a copy of the document and given it to my attorney) Anyway, now it looks as though my answers to the Plaintiff's Request "may" be in default (meaning I have admitted to owning the card). However, as of right now, my attorney is trying to seek an extension from the court.

My concern is this: If the extension is NOT granted, do I still have a chance of winning against Midland Funding? Until I made that mistake, my case was looking good.

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Why were they sending you anything if you had an attorney. To answer your question, you stand little to no chance of winning if your admissions are deemed admitted. I can't imagine one of admissions was not, admit you owe the Plaintiff the amount the Plaintiff is suing you for, or something along those lines.

It would just be summary judgement and not a trial. Others might know a loophole, but if the extension is not granted, I can't see away around it. Might try a hail mary and file a motion to compel arbitration.

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Piggybacking off of Coltfan, are they aware that you have an attorney?

If so, it can be argued that is a violation of the FDCPA. I would also have your attorney file a motion to extend the deadlines for not properly serving the discovery to the attorney of record.

If they are not aware that you have an attorney, why not?

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If they know you are represented by counsel, it's also a violation of court rules. Totally weird that your attorney would be relying on you to receive mail and then hand it over.

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Check the case on line if you can. It should say who represents who. If it says you are represented by John Doe atty at law, you have NOTHING to worry about, but the lawyer you hired does. ALL documents, etc are supposed to go to the lawyer, not you. It is his responsibility, 100 percent. If they get a judgment against you and ruin your credit, you may have a case for legal malpractice against the attorney you hired. You can also report him to the state bar association. All of this, of course, depends on when he made his appearance, etc. I'd call him IMMEDIATELY and find out what is going on.

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Check the case on line if you can. It should say who represents who. If it says you are represented by John Doe atty at law, you have NOTHING to worry about, but the lawyer you hired does. ALL documents, etc are supposed to go to the lawyer, not you. It is his responsibility, 100 percent. If they get a judgment against you and ruin your credit, you may have a case for legal malpractice against the attorney you hired. You can also report him to the state bar association. All of this, of course, depends on when he made his appearance, etc. I'd call him IMMEDIATELY and find out what is going on.

If he has an attorney of record, it is not his attorney that is negligent, it is the plaintiff's attorney that is in violation by communicating directly with a represented party without the knowledge of his attorney.

As far as the malpractice case, "Fuu git aboud it!" No attorney will take it and no judge would rule against an attorney in the above situation. There are too many options for either of the attorneys to correct the situation before it got that far.

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Sorry for not clarifying. What actually happened is that instead of hiring an attorney to represent me, I found an attorney who was willing to assist me with writing my answers to the summons I received. I just didn't feel comfortable writing my answers myself. From then on...every document I received from the court I bought to him to look over; except for this ONE time where I did not give him a copy of the discovery order...dumb me. I feel horrible. My chances of winning was looking excellent until I forgot to show him that document. If he would have read it, he would have noticed that it not only listed my pretrial hearing date, but it also stated that "discovery may be conducted at this time."

At this point, the attorney who was assisting me will charge me an arm and a leg to represent me (as much as they are asking for the card which is $2,000) and Legal aid won't even take my case, because they say technically I have already admitted to owning to card. I have no one to fight for me.

It just isn't fair that I will have to pay up $2,000 on a card that isn't even mine due to one mistake. I'm up against the wall. I have no idea how to fight this.

On a good note, I have a fair judge. At my pretrial hearing; even though the judge told me I should have answered the Plaintiff's request, she thought it was reasonable for me to ask for proof regarding ownership of the card. The Plaintiff's attorney did not like this. She seemed very agitated that the judge even said that.

I really think if I explained my error to the judge, she would grant me an extension.

The summary disposition is January 7th.

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they didn't meet and confer or call you about the responses. If you didn't sign for them tell them you just got them yesterday j/k. The only thing is to get the answers in and call the attorney for clarification of a few of the questions. and request to stipulate tfor more time as the diligent search is taking longer.

Since they haven't sent a "warning" letter pick a day in which discovery responses will be sent to them.

The way I see it that is the only way.

check the discovery statutes to see if they have to send a warning letter or if there is a time limit to compel discovery.

Have you sent your own discovery?

Think about that.

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