smitty009

Late for Request for Admissions Answer

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Before I start I want thank everybody that participates in this website. Last year I was sued by Amer Exp (for about $20k) and by doing what I was told to do here the lawyer handling it ended up dismissing the case with prejudice. This place is GREAT!!

Here's the latest. I am being sued by Cap 1 for just over $20k. They filed the suit on Dec 7 and then served me  at my home somewhere around the 28th of Dec. I filed my answer of denial on Jan 11th  and went to Mexico the next day for an extended time ( I figured it would be awhile before anything happened ). Well, I guess the lawyer ( Bleier and Cox) sent me a RFA the next day( Jan 13 ), at least according to a letter they sent dated Feb 25 that "On 1/13/2016 this office served you with Request for Admissions. We have yet to receive any responses from you."  I did  not have any such thing in my accumulated mail when I returned home March 20. Just this letter saying they served it by mail. 2 days later on March 22, I sent them a letter stating I had been away and had not received the RFA but would happy to do so if they would resend it.

On March 25 they filed a "Motion of Motion for Order deeming Request for admissions to Defendant admitted and a memorandum of points and  authorities". I received this by mail March 29.

On March 30 I filed and sent them a Demand for BOP. I have just finished the Answers to their RFA denying everything and intend to send that to them tomorrow. But I wonder if I'm too late.

The court has set 9/9/16 as the date for our Civil Case Mgmt Conference and 5/6/16 to hear on this motion for the RFA.  And oh yes, it seems the SOL runs out around the 1st of Jan, at least according to experian I was up to date til Jan 2013.

So, does anyone know of anything  I can do. I can't find anything that sounds like what is going on here and am hoping for any help I can get. Thank you for any help!

 

 

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I would send the RFA answers ASAP, maybe even overnight. Then file an objection to their motion to deem admitted, with your arguments and explanation you posted here. Also include copies of the letter you sent them saying you didn't receive the RFA's. find out what date the hearing for their motion is and make sure you are on calendar to appear and argue your objection.  

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Thanks so much for answering so fast. I don't really know the proper way to structure an objection. Should I word it like I did here or use something you can think of for a template ? I have the RFA answers done although I'm just denying every statement. How do I make sure I'm on calendar to appear, the date on their motion is 5/6/16. Does that mean I'm on calendar already.

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You may file an opposition at least nine COURT days prior to the hearing date. your opposition must contain a memorandum of points and authorities and a declaration. and I am pretty sure you have to serve your opposition papers overnight.

11 hours ago, smitty009 said:

. How do I make sure I'm on calendar to appear, the date on their motion is 5/6/16. Does that mean I'm on calendar already.

The motion papers, right below the title, should state the date, time and location for the hearing.

check your local rules, if your local rules calls for tentative ruling, you may get the tentative ruling online, usually by 2pm the court day before the hearing. if the ruling is favorable to your side, you do not need to do anything. in the contrary, if you are unsatisfied with the tentative ruling and wish to present argument, you must call the opposing counsel and the court clerk no later than 4pm the court day before your hearing and request oral arguments.

if your court offers no tentative ruling, then you must be present at that date, time and location for the motion.

 

so file and serve your opposition at least 9 COURT days prior to the hearing, and the opposing party may file and serve a reply to your opposition at least 5 COURT days to the hearing date.

as to the template is concern, search around forum for a Motion to Compel, you will follow that same structure.

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Thank you very much Sadinca for the quick response. I am sending the answers to RFA this morning overnight and will look for a template today also.

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I have finished what I think will work for my objection and points and authorities and would really appreciate someone else's opinion. But don't know how to display it. It seems to come on all out of sync and jumbled. What am I doing wrong . I have it on my open office 4.1 and go to choose files, then to the file on documents. I hate how bad I am at computers.

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8 hours ago, smitty009 said:

I have finished what I think will work for my objection and points and authorities and would really appreciate someone else's opinion. But don't know how to display it. It seems to come on all out of sync and jumbled. What am I doing wrong . I have it on my open office 4.1 and go to choose files, then to the file on documents. I hate how bad I am at computers.

Can you put it on google drive? I have always had issues posting documents and now I just go that route. Maybe print to PDF too, if you can.

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Thank you, RyanEX for responding but, sorry, I don't know either of those without more direction. I'm afraid I'm a little computer illiterate.

On another subject, does anyone know if I also need to make my own separate Motion for the court to accept my late answers to RFAs. or does that happen automatically if I win my opposition to their motion.  Here is why I ask ---Rule 2033.280..... (a)" The party to whom the requests for admission are directed waives any objection to the requests, including one based on privilege or on the protection for work product under Chapter 4. The court, on motion, may relieve that party from this waiver on".  Doesn't this mean I also need to make my own separate motion ?

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What Happened ? Did I say something wrong or does nobody know how to attach files from open office so their aligned correctly ? I apologize if it's the former.

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Very few people are ever able to upload files here.

When your post aren't answered; post the word "bump" so your thread will come up to the top again. The threads get lost here.

You don't need to file any motions for your RFA's to be accepted, but you do need to get to the plaintiff's motion hearing and defend your position that you did answer their RFA's. You may have been untimely answering them but plaintiff wasn't damaged by this mere oversight,

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4 hours ago, smitty009 said:

Thanks for the answer back ! I love your last line. I think , if you don't mind, I'm gonna have to use that.

That's why it's there. Good Luck.

 

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On 4/12/2016 at 11:50 AM, smitty009 said:

I think I figured out how to paste these here. If it works, please let me know what you think.

 

I was able to open the first file with word (lost some formatting but the body came thru), but the other three did not come thru - the only thing Word displayed in the body were the document titles.

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Today I filed my opposition to the motion to make the RFA's admitted. I think it looked good but we'll see. What do you think of sending a demand letter for arbitration. Should I send it before the date of the motion comes up ( 5/6 ) or wait till after.  I'm thinking that maybe next week so they may give up and not show up for the motion hearing. It's a 2 hour drive for them. And I understand that once the court has been involved in motions that they might not let the case be moved to Arb. The last time the attorney dismissed the case when I sent an arb letter. Please let me know what you think.

 

Quote

 

 

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Smitty,

First I would make sure I win the first battle in the war, meaning hope the court agrees that the plaintiff was not harmed by your late responses.  If you lose this motion the case is over because all the RFA's are considered admitted.  This will allow for an easy Summary Judgement filing, or you would have to appeal the motion ruling.  So NO I would not be doing any additional filings until this battle is complete.

I would also note this case is for $20K which is a big prize for the CA and plaintiff.  So the arbitration card, while a good one, is not likely to change the dynamic.  Further, Arbitration card is best used very early in the process.  Like file the Answer, then MTC Arbitration right away, or better yet file a Petition to Compel Arbitration prior to the answer.  Point is you want to limit the use of the courts jurisdiction in the case this way the other side can not claim you waived your right to arbitration.  Doesn't mean you can't try even now, but these are the issues you need to weigh in making the decision.....

It sounds as though the plaintiff is the Original Creditor, Cap One not a JDB.  So this will not be an easy victory for you. They still have to prove all the elements of the case and have a live witness at the trial to win.

Best of Luck, I hope Mexico was fun but I would be careful on any future trips there are some misses that can't be fixed....

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On 4/20/2016 at 11:00 PM, smitty009 said:

Today I filed my opposition to the motion to make the RFA's admitted.

@smitty009, out of curiousity, do you have any way of posting the requests for admission?

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3 hours ago, smitty009 said:

Sorry, I don't know how. If you know, please explain and I'd be happy to.

Not knowing what programs you have on your computer, you might try scanning the documents and saving as a PDF file.  Make sure you black out any personal information.  PDF is a common file that can typically be viewed on this site and others.

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Good News, I think. I just got a call from the court saying that plaintiff's Motion to make RFAs admitted has been taken off calendar. I'm assuming that this was done by plaintiff but not sure if it's because of:  #1- They did not want to bother to drive down to argue the motion once I opposed it or; #2- I sent a letter electing arbitration on Friday. They did, however, start another motion for summary judgement last week that will come up in mid July.  So, I'm not real sure what is exactly happening but plan to take it as comes. Does anyone here have any ideas what plaintiff is doing at this point ? Are they waiting for me to start Arb or are they going ahead anyway with suit ? I don't  see what they think there is to gain anyway, I have a house that I owe way too much on, no money, no vehicles that I own free and clear, and am on Disability. Anyone see an angle here ?

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I am a bit concerned about the summary judgment. Plaintiff filed the first motion to have answers admitted because they didn't get your answers the first time around. they do not need to drive down to your court for the hearing, they can always phone in, or send a rent-a-lawyer. they may have filed the summary judgment perhaps because they may have seen something in your answers that leads them to believe that plaintiff can get a judgment from what you stated in your answer without going to trial.

I looked around but I do not see a post where you posted plaintiffs questions and your answers.

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Smitty,

First you need to be sure that the Motion to Deem hearing has been removed, you want to confirm this with the court.  Next you stated they started "another" MSJ for July.  This implies it is a second attempt.  Or did they file a first MSJ along with the Motion to Deem Admitted? 

This is important because answering a Motion for Summary Judgement from an OC is not easy.  It is a tremendous amount of paper work, and you have to create in your answer/opposition  a "triable issue of fact".  In essence the burden of proof moves to the answering party, you.

Have you been served the Motion for Summary Judgement?

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Yes, I have been served the MSJ.  And, they seem to have filed it on the same day that they vacated the other motion. The court record says " discovery motion for that date was vacated". Why wouldn't they have just waited and seen if their 1st motion would win before they filed the 2nd. And, can they even file an  MSJ without first showing some reason, like the RFAs being admitted ?  So, I have to show how I should win before actually winning ?  Isn't that what the original court date is for ?  Why wouldn't everyone just file an MSJ immediately ?  It seems that they're making more work for themselves just to put me through some more hoops. And all for no end game gain ?  I don't get it.

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