h8spleadingpaper Posted January 3, 2014 Report Share Posted January 3, 2014 So, a JDB filed a Complaint against me about 5 months ago without ever serving me. I found out about it through other means and filed an Answer quickly, then served them with it. They still haven't served me anything, though they seem to be trying to convince the Court that they've made two attempts (which I'm sure they haven't). The first entry on my Case Summary indicates, ORDER TO SHOW CAUSE HEARING SIGNED AND FILED BY xxxxxxxxx TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FORFAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT. MATTER CONTINUED FOR HEARING ON xx/xx/14. CERTIFICATEOF MAILING FILED, GIVEN TO RESPECTIVE PARTIES/ COUNSEL. Does the above mean that the opposition has asked for a Default Judgment and been denied until Trial or does it mean something else? Also, I'm just starting to read about filing MTDs and am wondering if this would be at all beneficial to me at this point since I've already filed an Answer? Finally, at what point should I file for Discovery? My suspicion is that the JDB does not have the documents necessary to proving legal standing, but is there an advantage to waiting a while so that they have less time to prepare their case? Thanks for any help! Quote Link to comment Share on other sites More sharing options...
shellieh98 Posted January 3, 2014 Report Share Posted January 3, 2014 Start discovery, send them a Bill of Particulars to start, then read up on astmedic's pinned thread at the top, and also homelessinca's thread, it is linked in astmedic's thread. Quote Link to comment Share on other sites More sharing options...
h8spleadingpaper Posted January 5, 2014 Author Report Share Posted January 5, 2014 Start discovery, send them a Bill of Particulars to start, then read up on astmedic's pinned thread at the top, and also homelessinca's thread, it is linked in astmedic's thread.Thanks as always, Sheillieh. I'll look into the cited threads now. Oh, and Happy New Year to you! Quote Link to comment Share on other sites More sharing options...
h8spleadingpaper Posted January 5, 2014 Author Report Share Posted January 5, 2014 Start discovery, send them a Bill of Particulars to start, then read up on astmedic's pinned thread at the top, and also homelessinca's thread, it is linked in astmedic's thread.Sorry Shellieh, but I'm having a bit of trouble locating the thread in question. Is it the "How I Beat Midland in California" thread? That one is epic and I'd forgotten I had it bookmarked. Quote Link to comment Share on other sites More sharing options...
lheart Posted January 5, 2014 Report Share Posted January 5, 2014 Did you file your answer with the court also? Quote Link to comment Share on other sites More sharing options...
h8spleadingpaper Posted January 5, 2014 Author Report Share Posted January 5, 2014 Did you file your answer with the court also?Thanks, Iheart. Yes, filed with Court as well (see above). Quote Link to comment Share on other sites More sharing options...
h8spleadingpaper Posted November 15, 2014 Author Report Share Posted November 15, 2014 I just learned about Pleading Paper today. Is it okay if my Answer was not printed on Pleading Paper? The court accepted it, so I'm thinking it must be, but don't want to take any chances on technicalities. I have another Answer to file for a similar case and am assuming this one should be on Pleading Paper? It does seem to look more official... Thanks! Quote Link to comment Share on other sites More sharing options...
RyanEX Posted November 15, 2014 Report Share Posted November 15, 2014 You can use pleading paper and write up the answer, or you can download Answer forms from the state website and use those. They do the same job. Do you do something different on that first case? Quote Link to comment Share on other sites More sharing options...
h8spleadingpaper Posted November 15, 2014 Author Report Share Posted November 15, 2014 Hey, thanks Ryan. On the first case, I downloaded on official state Answer form and attached my Affirmative Defenses on plain paper (these were what I was worried had to be on pleading paper). I'm sure it's fine, I just panicked a little for a moment there. I always get a little freaked out that there will be some legal technicality that pro per defendants don't know about that will hurt me and I won't find out until it's too late. Right down to the kind of paper I use, apparently. Quote Link to comment Share on other sites More sharing options...
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