genericcalifornian

Do you return the lawyers call or respond in writing?

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Just to keep the flow: being sued by Asset Acceptance in California.

I admit I have procrastinated the BOP due to other stressors going on and wanting to put this on the back burner mentally.

Served 7/28/12 filed a General Denial on 7/24/12, CMC scheduled for May 2013. This morning someone from their office left a voicemail formally requesting a "meet and confer".

What is my next step? Should I send the BOP in response or do I need to call them back? I don't want to screw this up. So far they have sent me absolutely nothing. Their complaint was just a form they checked boxes on. It was unverified and on common counts.

I apologize for not sending out the BOP asap as the wise people here told me to do. I started feeling overwhelmed and unsure of myself, but it's time to step up.

Whatever my next step should be, I'll do it.

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Send the BOP, and wait the 10 days.

Both parties, by rule, are supposed to meet and confer. I'd send the BOP, wait 10 days, then send your meet and confer regarding either a lack of response, or more likely, a deficient response.

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and send them a letter stating only communications between the attorney of record and you are allowed. also state to them the importance of not having conversations with the plaintiff's employees because the rule against communication between an attorneys client and a party.

You do have to meet and confer by the discovery statute, but it can be on your terms, if they say no then say we must see the judge then and get a discovery referee if you cannot even meet and confer.

prepare your strategy for the case. They just want to bully you do not bite for it. Get the attorneys direct line not the main line they will transfer you to a collector.

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Always respond in writing.

Unfortionatly, you have to set some serious time for this if you want to win.

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Got it and understood. No more wait and see.

It was the law firm that left the message, not the collection agency.

So it is okay to not return the first call and just send out the BOP today? Should I indicate in a letter that I received the message but since they have not sent me any information to prove that I owe this debt that I would like to see that before discussing it with them? Or should I just ignore message, get BOP out and THEN begin communication re: meet & confer.

Also, does meet and confer mean in person? Or by phone?

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I would respond. I would tell them that there is no immediate need for a meet and confer, since discovery has not been initiated by either party.

The purpose of the meet and confer is to resolve disputes over discovery prior to getting the court involved. Therefore, the subject is moot.

Tell them that in the event a meet and confer is requested, you will gladly attend, in person, and you will at that time present them with some cupcakes bearing their initials, which they can consume in appreciation of their imminent defeat. Well, maybe a pizza with JDB spelled out in pepperoni would be more to their liking. Extra cheese, of course, in honor of their ethics.

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