Bank files late response. Should I make a scene?

[gwheelock915]

In our foreclosure case, we filed an answer with affirmative defenses and counterclaims. In lieu of a response, bank of america filed a motion for additional time to answer or otherwise plead. The only problem is that it was filed 2 days past the due date.

 

I was wondering when I go to the motion hearing on Wednesday whether it would be worth bringing it up to the judge? I don't want to make it look like I'm being unreasonable; on the other hand I want to make sure that my legal rights are preserved. In general, counsel always makes a big deal about opposing counsel or pro-ses fiing late.

 

I'm going to go out on a limb and say that their response was late because they got sued by us and freaked out. 

 

Any thoughts are welcome.

 

 

[shellieh98]

I would call them on it, make them more work. Might help you in the long run.

dont "bring it up to the judge" file an objection with the court, state the reason as late filing.  I just got a motion denied because it was 2 days late in filing.(Plaintiff objected.)

[Spikey]

@gwheelock915

 

I agree with Shellieh as well as your own thoughts regarding Pro Se's. If you were 2-days late, they'd make a stink out of it and try to get your response thrown out. It's part of the gamesmanship of court. Call them on it, let the judge decide if it matters.

[Guest usctrojanalum]

it's not going to matter. and i doubt their response was late because they were freaking out. large banks get sued on a very regular basis for millions of dollars. its apart of doing business.

[gwheelock915]

@usctrojanalum

 

I disagree, because we are suing the lawfirm class action, as well as countersuing the bank. The feathers have been ruffled at the firm for sure. The bank could care less I'm sure. 

 

I'm just upset because I'm all dressed up in a tuxedo tshirt and just had my mullet did and I don't have a date to the prom.  

[easy619]

I would definitely take action. They're not going to play games with you, you shouldn't let them off the hook either. Little mistakes are what you need. Take advantage.

[Anon Amos]

Of course you should make a big issue over it. It is not being unreasonable, and even if it was; so what, the rules are the rules, they can bend or break them as often as they want, unless objected to.