Jump to content

Being sued property mgmnt company - trial date set?


dannyd
 Share

Recommended Posts

Property mgmt is suing me for 8000 dollars. I was not served properly. I went to the court house my self to pick up the complaint, therefore serving myself. On their my name was spelled wrong. I filed an general denial answer

 

Yesterday, there was a mandatory case management conference which i did not attend.. I never received anything in the mail regarding the case management conference. I found about it through the county court site a few hours ago.

 

I noticed there is a motion to compel discovery set for a year away from now. Also, the court trial date is set for june, but i will moving out of state before then

 

today i get mail

1 stating the notice of court ordered mediation and trial setting. On it it states i did not make the case management conference, but i didn't know about it. 

 

2nd is a request for admission. . It says the plaintiff "lent me" 8000, but they never lent me anything. It was a simple 1 page agreement that i would pay the 8000, which is past due payments. That agreement is attached to the admission

 

Am i suppose to answer this admission? To deny or admit?

Another thing i noticed is that aren't i suppose to receive a "meet to confer"? If i was, i never got one

 

Is there anything i should do? Bill of particulars?

 

New to all this..thanks

Link to comment
Share on other sites

Danny,

To help us help you answer the questions below, this allows others to understand information about your case. Once we have this we can offer the greatest assistance.

Rules for Request for Admissions can be found by looking up California Rules of Civil Procedure (CCP) 2033.210. This will outline the rules for answering and timing.

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Link to comment
Share on other sites

1. Who is the named plaintiff in the suit? Roberts property management

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Stanley Roberts LLP

3. How much are you being sued for? 8000

4. Who is the original creditor? (if not the Plaintiff) Roberts property management
 
5. How do you know you are being sued? (You were served, right?) was never served personally. i went to courthouse got complaint myself

6. How were you served? (Mail, In person, Notice on door) see 5

7. Was the service legal as required by your state? i guess

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? nothing

9. What state and county do you live in? la county california

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) i'm still within the SOL

11. What is the SOL on the debt? To find out: SOL is still vbalid

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
 
See above

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) n/a

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. n/a

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 
 
answered general denial

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  
 
Contract stating i owe 8000
 

 

 

 

Link to comment
Share on other sites

Danny,

 

What is the" cause of action" for the complaint?

 

Also might be good to post the Request for Admissions (RFA), so we can see what they are asking.  RFA need to be answer within 30 days of service, you get an additional 5 days if they came via mail.  If you fail to answer them the otherside could motion to deem admitted and your case would be over quickly.

 

Is this for unpaid rent or is the Homeowener Association Fees?

Link to comment
Share on other sites

Danny,

 

What is the" cause of action" for the complaint?

 

Also might be good to post the Request for Admissions (RFA), so we can see what they are asking.  RFA need to be answer within 30 days of service, you get an additional 5 days if they came via mail.  If you fail to answer them the otherside could motion to deem admitted and your case would be over quickly.

 

Is this for unpaid rent or is the Homeowener Association Fees?

 

I don't have the complaint with me right now, but i'll get it tomorrow and post it. I can't remember what the complaint is

This is for unpaid rent

 

 

I don't have the complaint with me right now, but i'll get it tomorrow and post it. I can't remember what the complaint is

This is for unpaid rent

 

RFA

 

RFA 1 - admit that plaintiff lent you 8000

RFA 2 - admit that in exchange for the receipt of 8000, you executed the promissory note in favor of  plaintiff

RFA 3 - admit that under terms of prom note, you were obligated to begin making monthly payments towards the loan 

RFA 4 - admit that you failed to make the monthly payment of x for the month of x

RFA 5 - admit that you failed to make any monthly payments towards the balance terms of prom note since x of 2013

RFA 6 - admit that you have paid the total sum of x towards the loan terms of prom note

RFA 7 - admit that you owe the plaintiff 7000 towards the principal balance owed on the loan under prom note

 
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.