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Mailed BOP CMRRR Monday - Attorney Called me Today!


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Okay, I think I'll stick to this thread. I can't figure out how to go back to threads to see if there's been responses? If anyone can help with that, that would be great.

Anyway. So far, I've gotten a Complaint from JDB filed by his Atty and I answered complaint. I've been advised after I answer complaint to request BOP. I mailed it out Monday.

Well, today my daughter answered the phone and low and behold it was the Attorney! I quickly told her "I'm not here!" . I wasn't prepared for a phone call. Should I call them back? What do I say? 88-)

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I would simply say "YOU started the legal process. I only do all legal process in writing, and that includes all negotiation." But that's me.

You could think up, ahead of time, what you want to say. But be careful about answering questions he might ask. That's why I recommend not communicating by phone (even if you are not currently being sued). In writing gives you time to think about what the question really means, figure out what they are trying to get out of it, and how your answer might be interpreted. It's what you'd do with ROGs. If an attorney is calling, he's either wanting to negotiate, or wanting to entrap you, or just trying to trick you into giving out info.

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I would just tell them you feel more comfortable doing everything in writing, such as, email. It's not that big of a deal. If you are your own atty then nothing wrong with them calling you.

Now if you cut off that contact, that is your right, but at this time not a big deal. I'm sure they want to offer you a great deal to settle. It's the oh dang this person is fighting back so we will make it appear we are going to let them off the hook with this offer, deal.

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  • 2 weeks later...

Well, I never did call the attorney back! I just left the message un-answered and they didn't try calling again.

Well, I got my signed proof of service of the BOP Demand back. It was signed on January 11th of this month. I haven't received anything from Attorney's yet. It's been 13 days since they received it.

Now what?

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Wait a couple more - literally...then if you don't get anything, send a meet and confer letter...let them know that they failed to respond within the 10 days per CCP 454.

Give them a few more days - no more than 10.

Also let them know that failure to respond will mean you will file a motion with the court to preclude.

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Wait a couple more - literally...then if you don't get anything, send a meet and confer letter...let them know that they failed to respond within the 10 days per CCP 454.

Give them a few more days - no more than 10.

Also let them know that failure to respond will mean you will file a motion with the court to preclude.

Thanks 1Step! :-)

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