Asking the lawyer representing Plaintiff something.

[Mantis Knight]

Is there a way in admissions to ask the lawyer to admit to something?

 

McHughes has sent admissions, discovery, interrogatories to us on July 15th.

 

This is the same date and signed by  the same lawyer where they are Motioning to withdraw as Counsel for the same Plaintiff with the two claims.

1. Despite numerous attempts, The McHughes Law Firm, LLC, has been unable to
contact its client, the Plaintiff;
2. That the Plaintiff is currently in receivership

 

I've got one Admit Plaintiff is in receivership, but I'm not sure how to ask for the lawyer to admit they can't communicate with the plaintiff.

 

Would this work?

 

Admit Plaintiff is no longer in contact with The McHughes Law firm, LLC.

[nascar]

Is there a way in admissions to ask the lawyer to admit to something?

 

McHughes has sent admissions, discovery, interrogatories to us on July 15th.

 

This is the same date and signed by  the same lawyer where they are Motioning to withdraw as Counsel for the same Plaintiff with the two claims.

1. Despite numerous attempts, The McHughes Law Firm, LLC, has been unable to

contact its client, the Plaintiff;

2. That the Plaintiff is currently in receivership

 

I've got one Admit Plaintiff is in receivership, but I'm not sure how to ask for the lawyer to admit they can't communicate with the plaintiff.

 

Would this work?

 

Admit Plaintiff is no longer in contact with The McHughes Law firm, LLC.

 

Are you being sued by the receiver or is the suit brought prior to the appointment of receiver?

Edited July 17, 2013 by nascar
Clarified my question

[Mantis Knight]

@nascar

 

According to the Complaint the listed Plaintiff is "Precision Recovery Analytics, Inc. as assignee of GE Money Bank/ Lowe's Consumer"

We only know they are in receivership because the Law firm representing them in another case filed a Motion to withdraw as counsel and listed the two items above as reasons.

 

The part where problems crop up has been laid out in another post about Precision, but basically the Complaint was filed 5/2013

 

This is one of the claims in the complaint:
5. This account was issued by the original creditor GE Money Bank/ Lowe's Consumer. Precision Recovery Analytics, Inc. is the current owner of the account and purchased the account for good and valuable consideration. The Plaintiff is entitled to enforce the obligation and receive payments due the sum of XXXX, prejudgment interest in the amount of XXXX for a total balance of XXXX, as shown by the Affidavit of Account attached hereto.

The bill of sale shows that GE sold an account to Precision in 2009.

This is from the affidavit:
1. I am a duly authorized representative for Plaintiff's successor, Cavalry SPV II, LLC, and am competent to testify to the mattes set for herein.  (the successor is Precision.  They sold the account to Cavalry.)
7. That the Account was purchased by Cavalry SPV II, LLC on or about 2/xx/2013.

 

 

The Plaintiff is NOT Cavalry SPV II, LLC or Cavalry Portfolio Services

We have tried every number available for Precision Recovery Analytics, Inc. and all are no longer in service.

Today Request for Admissions were sent.

[racecar]

Precision Recovery Analytics

PO Box 42829

Austin, TX 78704

Toll-Free (800) 570-5007

Ph: 512-329-2084

Fax: 512-329-2174

info@precisionrai.com

[racecar]

Just called. The number you have reached is no longer in service.

File for summary judgment it should go unopposed.

[Mantis Knight]

@racecar

 

(512) 347-1492
(512) 329-2084
(800) 570-5007
(512) 615-1923

 

 All give "call failed", "not in service", or "number has been disconnected"

 

I didn't try the emails, but I suspect they will bounce.

 

The Plaintiff's attorney can't get them to communicate as they stated in a Motion.

[Jimmy E]

Depending on the timing, there should be no problem in your filing a motion to dismiss the case WITH prejudice for lack of prosecution.  If the atty is trying to withdraw from the case and you have not received an amended complaint announcing a new atty taking the case -- it's case closed.

 

Just do a bit of research of crafting your dismissal WITH prejudice -- disconnected phone numbers, return email, etc.  I cannot fathom a judge not granting same -- especially if atty wants out and a new atty has not continued.

 

You are in a GREAT position -- atty jumping ship, etc.  Craft that WITH prejudice dismissal and be done with it.

[Mantis Knight]

Depending on the timing, there should be no problem in your filing a motion to dismiss the case WITH prejudice for lack of prosecution.  If the atty is trying to withdraw from the case and you have not received an amended complaint announcing a new atty taking the case -- it's case closed.

 

Just do a bit of research of crafting your dismissal WITH prejudice -- disconnected phone numbers, return email, etc.  I cannot fathom a judge not granting same -- especially if atty wants out and a new atty has not continued.

 

You are in a GREAT position -- atty jumping ship, etc.  Craft that WITH prejudice dismissal and be done with it.

Problem is it isn't my wife's case that has the "motion to withdraw" it is another case the same firm is litigating for the same Plaintiff.

We received request for admissions from plaintiff today and sent  Defendant request for admissions today.

 

The part I think might anger a judge is the fact that the exact same Attorney who signed the Request for Admissions and filed them is the Same attorney who filed the Motion to withdraw in the other case stating they could no longer contact the plaintiff. The other case has a Defense Lawyer who is really pounding them with motions and it looks like they only want to get out of the hard one while keeping the Pro-se case.

[HotWheels96]

Then by all means, utilize those motions and commence pounding!