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"Stipulation for entry of judgment at default" when no pmt arranged, no respon to BOP


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This is my husband's account which urgently needs to be addressed

by May 31.

Neuheisal (for CACH) did not answer Bop.

Only thing they responded to was prior to the C&S, at our request for debt validation where they wrote a letter stating

OC: GE, Current owner: CACH; Attorney: Neuheisel, etc.. (See detail below)

Now they sent an at issue memorandum with a payment plan to be paid by may 31 or they will file stipulation of entry of judgment on default .

Help!

---End Quote---

Per Calawyer:

<<<Did your husband file an answer to the complaint??

Stipulation for entry of judgment sounds like your husband signed a settlement

agreement providing for monthly payments which says that if he doesn't make a

payment they can file a stipulated default judgment.

Why do they say they are entitled to judgment???>>>>

---End Quote---

No payment arrangement was made.

When Hubby was hit with a C&S. We answered. They sent POD, RFA, ROGS, Spec Rogs. We sent BOP. They did not answer, at all!

He did not sign anything!

The Neuheisal attorney just sent a letter stating he needed us to make payment by May 31. No reason. They did not respond to our BOP but we answered their complaint, pod, rfa. Rogs and special Rogs. Rfa. Hubby denied

everything.

They issued an at issue memorandum for stipulation of entry of judgmennt upon default. He has no intention of paying on an alleged account he knows nothing about.

This seems pretty sneaky; are they mistaken or confused or are they pulling a very shady, fast one?

Please help Board! I have until May 31! What do I do? I have to travel (I am now) a lot this and next month!

---End Quote---

Per Calawyer:

<<<< I am going to be out of action this weekend. You should post your question on the general board and see if somone can help

especially if you have deadlines.

SOmething does not sound right.>>>>

Thank you anyone and everyone for your help!

Bohey

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Help Someone! Please! I need some direction by May 31!

Problem: Attorney sent "Stipulation for entry of judgment upon default" along with an AT ISSUE MEMORANDUM after I answered their Complaint, RFA, POD, RoGs, Special Rogs.

Attorney did NOT respond to my BOP at all! They have NOT provided the documents I requested! They did not bother to respond to the BOP, They have not provided proof of the chain of ownership for all intermediaries, who the JDB is, a copy of the contract, an initial bill reflecting charges from 0.

I did not make any kind of payment arrangement! I asked for a BOP! How do I counter "if I fail to pay by May 31 they will be granted a Default Judgment!"

Do I write a letter, do I need to file a document with the court answering their at issue memorandum? How do I let the court know the attorney is out of line! I don;t want them to slip in and get a default judgment!

Please help!

bohey

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When you say you answered the lawsuit.

Did you file your answer with the court and send the other side a copy of your answer to the lawsuit.

Also, you can take out personal details, but why don't you post the answer to the lawsuit.

Also, did you file a motion to compel or contact the other side when they did not properly answer your BOP or other requests.

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When you say you answered the lawsuit.

Did you file your answer with the court and send the other side a copy of your answer to the lawsuit.

A:YES

Also, you can take out personal details, but why don't you post the answer to the lawsuit.

A. I thought it would take up too much space. It was a very similar answer to what I have answered before to breach of contract, etc.

Also, did you file a motion to compel or contact the other side when they did not properly answer your BOP or other requests.

A: No it happened way too fast Answer was filed 4-12-2012

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they may have made a motion that you did not oppose.

also this is a stipulation I wouldn't sign it.

this is very brash of them. the kinda stuff that sun tsu says an opponent shouldn't do.

when the opponent's camp is in disarray attack them.

They are trying to scare you and get you to run around like a chicken. Think what would bugs bunny do, he take the paper and make origami out of it.

check that other stuff the case summary and post that.

I think they have their litigation computer on automatic.

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Seadragon,

Thanks for responding! I assumed they were trying to slip a default judgment in.

Couldn't imagine why the tactic. Seems thoroughly inappropriate.

Here is the docket response after they filed, we answered, I sent BOP, they sent ROGs, POD, RFA, Spec Rogs ... and I sent letter that their BOP was deficient and not answered.

>>>"At Issue Memo - not at issue

Entry: At issue memorandum served and filed but action is not at issue. Not the required mandatory form to set case for trial. (Form UD-150) dlm"

This was for Stipulation of Entry Judgment upon Default - I wrote and told them this was inappropriate and unacceptable. No payment arrangement was agreed upon, their at issue memorandum was totally in disregard to the Civil RUles of Procedure.>>>>

What do I do next? File Something with the Court or is the letter sufficient?

I think these guys are loose canons ...

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Trying to understand the order of things here.

1. You were served

2. You answered

3. They sent ROGS, etc., and you answered all that

4. You sent BOP, they did not answer

5. They sent demand for payment

6. You, of course didn't pay, so now they want you to agree to a default judgment based on not paying the debt they are supposed to be proving you owe?

Something is definitely missing. I would guess you need to file a Motion to Compel the BOP, but I'm not from CA either so I'd have to leave that to Seadragon.

I googled Stipulation of Entry of Judgment on Default. It means you are agreeing you owe it and agree to the judgment. I also believe it means you are giving up your right to include the judgment in a BK.

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Thanks John.

Yes, you are completely understanding the chain of events.

There was NEVER a payment agreement. I would not sign anything with them since

I do not know who this JDB is, they have not proved ownership, not answered BOP, has not provided statements from 0 (they provided a couple), nor have they provided a contract.

I think something is really screwy. WHy file an AT ISSUE MEMORANDUM for a STIPULATION

OF ENTRY OF JUDGMENT UPON DEFAULT? That sounds very underhanded and in violation of rules of civil procedure. They filed these two documents on May 15th. They did not arrive until May 19th via USPS mail. They asked that payment (?) be remitted by May 31

(Memorial Day Weekend?!?) I do not think this is adequate time anyway.

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I wrote and told them this was inappropriate and unacceptable.

This is not proper procedure. You have to file an objection to their motion, (it sounds like they filed something) otherwise it may be granted "absent objection." Then you''ll have to file more paperwork to get a rehearing. Not understanding the ules is not usually a valid excuse, so you may lose that one. However, it isn't summary judgment, without your signature on the stipulation it is worthless. This was discussed here before, this kind of document may require that you consult an attorney to make it valid. There is a different name for it, escapes me right now. Nascar knew this, too bad he disappeared again.

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