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Error in Plaintiffs CMS Statement


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Has anybody ever gotten a CMS statement that in their brief statement of the case stated:

 

This is a collections matter on an unpaid account. As our office is currently in the process of submitting the Default Judgement Package to the court, Plaintiff requests a continuance of this matter for 90 Days to allow Plaintiff's office to file for entry of Default judgement.

 

 

How can they request this in the CMS when I filed my motion to quash service, answer and a motion to compel.

 

Any thoughts on how I might use this to my advantage. OR is it just a stupid boiler plate error on

C-a-c-h's behalf that they didn't even pay attention to the case that I'm active and that I did respond.

 

I would somehow like to bring it up to the judge to show that this company just churns these out like nothing.

 

 

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Just a few thoughts,

 

From what I read, I can only gather that CASH doesn't have any more evidence and the additional 90 days will allow them to purchase an evidence package. It sounds like you did quite a bit of work on this already. If you have done your motions to quash/preclude, motions to strike etc... CASH can't have much left and maybe if the filling fee is not to steep it's time for you to file a Motion for Summary Judgment and beat them to the punch. It once again places the burden of proof back on the Plaintiff and their default judgment would be moot.

 

HP

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How can they file a default judgement on me when I have answered? I don't understand isn't a default only for somebody that has not answered or appeared in court. I guess I was thinking that they just had some assistant print up boiler plate CMS and she/he didn't remove that comment because 99% of the folks they sue don't answer or show up in court.

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How can they file a default judgement on me when I have answered? I don't understand isn't a default only for somebody that has not answered or appeared in court. I guess I was thinking that they just had some assistant print up boiler plate CMS and she/he didn't remove that comment because 99% of the folks they sue don't answer or show up in court.

Hey mute send a m&c letter stating you filed your ans on such and such a date and that courts will agree that your filing of a default judgement is inappropriate in this regard and will be thrown out or dismissed. Then bring your stamped filing of your ans to the cmc hearing and show the judge.

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Hey mute send a m&c letter stating you filed your ans on such and such a date and that courts will agree that your filing of a default judgement is inappropriate in this regard and will be thrown out or dismissed. Then bring your stamped filing of your ans to the cmc hearing and show the judge.

I can do that but in my county the CMC's get vacated once both parties have filed the CMS. Nobody has to show up in court at all to these things and if you don't file a CMS on time you will get sanctioned. :(

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I would file an opposition to their request for a continuance based on the fact that the suit has been answered properly and on time and therefore plaintiffs request is moot and a waste of judicial time. They handed you a perfect opportunity to beat them over the head and show the court how stupid they are.

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I would file an opposition to their request for a continuance based on the fact that the suit has been answered properly and on time and therefore plaintiffs request is moot and a waste of judicial time. They handed you a perfect opportunity to beat them over the head and show the court how stupid they are.

I like this I will get on that. I'm filing my CMS today. I was actually thinking of requesting a trial much sooner I know in my last case the trial was assigned very quickly.

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