Motion to Compel Responses from H&H

[John4600 41]

Hello everyone, I may have put myself in a difficult situation and would greatly appreciate any advice.

 

After submitting a general denial and BOP I moved and changed my address. I did file this change of address with the court as I had a hearing for a fee waiver 3 weeks after the move (August). This was months ago however I didn't receive any mail from the plaintiff until recently. The Request for Admissions and the Motion to Compel are in my hands right now. They've also sent a Request for Documents.

 

So right now I'm trying to wrap my head around this:

 

Plaintiff's Motion for Order that Matters In Request for Admission of Truth of Facts be Admitted and for Monetary Sanction Against Defendent...

 

There is a hearing in a couple weeks for this. 

 

As for the Documents, I have none except for what they sent me (2 blank statements).

 

The only information I've found on this site for a Motion to Compel is on the offensive, if any of you have advice or experience from the other end please please chime in.

 

What are my options? Should I send in the responses now and hope the judge doesn't grant the motion?

 

Thank you everyone!

[h8spleadingpaper 132]

Hey, John4600.

 

I'm still kind of a noob here and am hoping others will chime in with some more info, since I'm also about to send a couple of BOPs myself and expect that they'll hit me with something similar.  But just in case, here is a link from ASTMedic about his case against Midland, which contains his responses to their RFA, ROGS, and Request for Docs.  Barring any further info, I plan to use these as my templates in replying when I'm contacted:

 

http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

 

Again, I hope someone has more info, but wanted to give you a place to start.  Good luck!  

[Anon Amos 2,247]

You are supposed to notify your opponent of an address change. Due process.

[RyanEX 872]

There is a form that should have been used, an official notice of change of address, MC-040 - I suppose something on pleading paper would work as well. The notice needed to be filed with the court and served upon the plaintiff.. OP didn't do either of those so unfortunately this one is on him.

 

It's a tough lesson: a pro se can't rely on assistants or clerks to tell them what to do, you got to check these things against the code or at least run it by the CIC to make sure nothing is missing. Clerks have been known to give wrong/incomplete instruction, not accept filings they should accept, etc.

 

2 weeks after my dismissal I went back to the courthouse to file my memorandum of costs > 1 month later it had not been uploaded into my case file. I went back with a copy of my stamped filing and the appropriate section of the code, the clerk didn't understand why I was trying to file it and it took me 5 minutes to convince them why I was entitled to claim costs and they finally took it and uploaded it into the case file.

[Anon Amos 2,247]

Never give up however.

Reply to the MTC, explain what happened, the clerk told you what to do and you did it.

Answer the discovery and go to the MTC and argue your position.

[John4600 41]

Thanks everyone, I posted this on my old thread because I wasn't sure how they were circulated on here. We don't need this one anymore.

 

I'm being helped right here http://www.creditinfocenter.com/community/topic/323901-hunt-henriques-are-after-me-too/page-3#entry1309974

 

@bassplayr Yeah it was a weird situation and I had little time to decide how to respond, the new address was unknown until a couple weeks after the move.

 

As @RyanEX said you can't rely on any of the clerks to help you out.

 

@Anon Amos Definitely not giving up, Skippy1960 is showing me how to respond to the MTC.