Need immediate Advice: Received Dismissal/Settlement Offer from Junk Debt Collector in California 3 days before trial

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object to a continuance. and watch out for them trying to say you didn't subpoena them. target v. rocha and cach llc v. rodgers.

Agreed. Object to the continuance. Trial dates are firm, a continuance must be by prior written request supported by declaration and for very limited and good reasons only (like a death etc.). You may have to tell the judge the rule, a lot of them don't know it exist, because only bottom feeders try to get a continuance at the day of trial.


The rule is CA Rule of Court 3.1332. I would look it up and print copies of it for the judge and plaintiff when you make your objection.


Good Luck

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After sending me a settlement agreement for the same offer which I declined because the agreement would not have allowed for costs, I showed for court and Plaintiff stated they will dismiss with prejudice regardless--the exact same offer I would have had. I didn't have to sign a deal with the devil. ::travolta:::nannersplit:  But I am still in the court room as we speak.  One court personnel said it wasn't dismissed yet--even though the lawyer went up to another court worker and stated he is dismissing the case.  I will NOT be leavng the courtroom until this case is dismissed in front of the judge.


9:11 a.m.  It's Done.  They dismissed with predjudice in front of Judge !!  Woo Hoo!

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Only difference is that now you get your costs back. I would get the forms for that while waiting to hear from a court official so that you can get started on that process.

Also, best bet to stick around until you hear from a court official that the case is dismissed. You probably have the day off of work anyways so let them know that you are not going to go away until you are certain this is done.

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Congratulations. Well done. You weren't going to let them pull any wool over your eyes.

Unless you get it from the clerk; there's a form on Strings thread to get your cost back.

You did a great job. Don't forget to post in the winners thread.

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