HELP! What are my options here???

[underpar62]

Currently being sued by JDB

I received a Hearing Order from the Court in the mail.

It reads..

Upon consideration the Magistrate orders as follows:

X Motion / Hearing (This week!!!)

X Sum. Jud. ___ Jud. Plead. ___ Relief Jud. ___ Default

X Appearance not required if oral argument waived.

Will the JDB even show up to this? What exactly does this mean for me? What does "appearance not required if oral argument waived" mean? Do I need to go to this hearing date? I'm confused as to what is next??? Is there anything I should be doing / filing? Any help you could give would be great.. thanks!

[MamaCaldo]

Currently being sued by JDB

I received a Hearing Order from the Court in the mail.

It reads..

Upon consideration the Magistrate orders as follows:

X Motion / Hearing (This week!!!)

X Sum. Jud. ___ Jud. Plead. ___ Relief Jud. ___ Default

X Appearance not required if oral argument waived.

Will the JDB even show up to this? What exactly does this mean for me? What does "appearance not required if oral argument waived" mean? Do I need to go to this hearing date? I'm confused as to what is next??? Is there anything I should be doing / filing? Any help you could give would be great.. thanks!

Looks like they are trying to get a judgement against your for your alleged debt to them. Were you served a Summons and Complaint? Did you answer it???

And if you don't go, most likely they will get a judgement and start proceedings to take money from you.... so YES!!! SHOW UP to this!!!

[underpar62]

Yes..I was served summons which I answered on time.

What will be the outcome of this trial??? What information do I need with me?

What is the "Appearance not required if oral argument waived." about?

Thanks

[1stStep]

Did you respond to discovery? Did you send them any?

If not, get going...outstanding discovery will stop a summary judgment any time.

[underpar62]

Did you respond to discovery? Did you send them any?

If not, get going...outstanding discovery will stop a summary judgment any time.

I have no idea what this means?!? Sorry..

I have responded to their initial summons complaints and answered that.

I then received a "Magistrate Review Order"

I guess the JDB answered this and then a Trial date was set

That is pretty much the extent of what has happened since 06/2011

The trial is set for Friday

What is outstanding discovery? Can I stop this from going to trial Friday?

[1stStep]

This is where you get to request documents, witnesses,etc from the other side.

[BV80]

In an earlier post, you stated you received a Magistrate Review Order that requested a motion. It also stated that if you received a motion from the Plaintiff, you would have 14 days to answer it. Did you ever receive anything else from the JDB?

http://www.creditinfocenter.com/forums/there-lawyer-house/309437-magistrate-review-order-help.html

The Order also stated:

"X Failure to provide the documents listed above within 60 days from the filing date of this order MAT RESULT IN DISMISSAL OF THE COMPLAINT on the ground of failure to prosecute the action."

If the JDB never responded to that order, the hearing on Friday could be related to that.

[legaleagle]

Post the complaint and the answer you made. If you answered incorrectly and admitted to certain things, then summary judgment (you lose) is appropriate as a matter of law.

[underpar62]

@BV80 According to the Muni courts website... the JDB did respond to the Magistrate Review Order on the last day (60th) it was due... I havent received anything from the JDB but the original summons / complaint which I answered in a timely fashion.

I really have no clue what to expect this week at the Trial??? What am I getting myself into??? Advice?

Thanks

[BV80]

@BV80 According to the Muni courts website... the JDB did respond to the Magistrate Review Order on the last day (60th) it was due... I havent received anything from the JDB but the original summons / complaint which I answered in a timely fashion.

I really have no clue what to expect this week at the Trial??? What am I getting myself into??? Advice?

Thanks

Check your court rules. How did they respond? If the JDB filed an MSJ, they should have sent you a copy in order for you to respond with an Opposition.

[underpar62]

This is direct from the court website:

10/25/2011 MOTION FOR SUMMARY JUDGMENT WITH AFFIDAVIT IN SUPPORT ATTACHED FILED BY PLANTIFF ATTORNEY

10/28/2011 MOT - MOTION HEARING, (this week) , (SJ) - ORAL ARGUMENT MAY BE WAIVED. NOTICES ISSUED.

I never received anything else via mail from the JDB or court???

So, what should I say at the Motion Hearing??? I have no clue what I am doing??? Thanks

[legaleagle]

Go to court on the appointed date and ask the judge for a continuance until after the holidays.

X Sum. Jud. ___ Jud. Plead. ___ Relief Jud. ___ Default

You posted this, which one was checked?

My opinion is that you appear and ask for the continuance. Judges like to grant continuances this time of year because the court won't be in session anyway. That gives you time to prepare. Tell the judge that you need a little time to research the law, and that you promise to be a vigorous pro se litigant who knows and follows the rules of procedure in his court when you return. That should do it.