h8spleadingpaper

File a Motion to Dismiss or Wait It Out and Request Discover?

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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 xxxx
xxxxx TO SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR
FAILURE TO FILE REQUEST FOR ENTRY OF DEFAULT JUDGMENT. 

MATTER CONTINUED FOR HEARING ON xx/xx/14. CERTIFICATE

OF 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!

 

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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!  :-)

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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.

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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!

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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.   ::idea2::

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