smitty009

Late for Request for Admissions Answer

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1 minute ago, Anon Amos said:

It's better to just make a terrible witness for them. Use it against them. You already have a lot of answers you don't know or can't remember, but you also have areas where you can cast doubts etc.

What I don't or can't thru my head is what I am supposed to know that is not on their statements and with a live witness to testify to the accuracy of those what do they even want with me. Like I've said, all I even remember since I didn't get many statements the last two years of the account (they had the street misspelled ), was the settlement  that they seem to want to ignore from their  whole case since they have no witness for that other than me and I don't remember much about it, either. (sorry, rambling)

Do they really need me to substantiate their statements ?  I just don't see how.

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1 hour ago, Anon Amos said:

It's better to just make a terrible witness for them. Use it against them. You already have a lot of answers you don't know or can't remember, but you also have areas where you can cast doubts etc.

What areas might there be doubts cast on ? and how do I cast them ?

 

1 hour ago, Anon Amos said:

Always use your opponents own weapons against them.

OK, sounds great ! How do I do this, for example ?

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4 hours ago, smitty009 said:

What I don't or can't thru my head is what I am supposed to know that is not on their statements

Nothing more then that. They will show you the statements and ask if they are yours and the amounts are correct.  As you stated earlier you had several accounts and amounts and don't remember all of them or exact amounts, or what you paid etc. Something like that if it's correct.  Or if it's not then you have to answer what is correct.

4 hours ago, smitty009 said:

and with a live witness to testify to the accuracy of those what do they even want with me.

They may not bring a live witness and they will call you instead to authenticate all their evidence for them.

4 hours ago, smitty009 said:

Like I've said, all I even remember since I didn't get many statements the last two years of the account (they had the street misspelled ), was the settlement  that they seem to want to ignore from their  whole case since they have no witness for that other than me and I don't remember much about it, either. (sorry, rambling)

That's what you say then. If you don't know then that's what you say. If you agreed to something earlier and they defaulted then you try to get that in your answer (if it serves your purpose),

4 hours ago, smitty009 said:

Do they really need me to substantiate their statements ?

If they had no witness they would. The lawyer can't just say this is the evidence, and he can't testify. He either needs you to look at the evidence and admit it's all correct as they say it is, or he needs to call a qualified witness to lay a foundation for it (to show that the evidence is what they say it is and the amounts are correct etc.)

4 hours ago, smitty009 said:

 I just don't see how.

They need to lay a foundation for evidence  before it is admitted to trial. Somebody that knows something about it (but not the lawyer) has to say it is what they say it is. It can either be you or their witness. If they don't have  a witness then it has to be you.

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3 hours ago, smitty009 said:

What areas might there be doubts cast on ? and how do I cast them ?

Are the amounts correct? Did they agree to something else? Did they not produce docs in discovery? You can cross examine the witness and in your answers.

3 hours ago, smitty009 said:

 

OK, sounds great ! How do I do this, for example ?

If they call you as a witness you question everything or don't remember a lot or don't know  a lot of the questions etc.

There may not be a whole lot you can do or say if they go to trial, since it's an OC. A lot of OC cases are won simply because they dismiss. If they don't dismiss and they bring a witness there's not much you can do usually. If you had  a previous agreement and they didn't honor it, then you have that.

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Just wanted to give the update on the latest in my case----- 

THEY  DISMISSED THE CASE !!!! I was supposed to go to court this morning and as I was getting ready yesterday to go buy a new tie, when I got a call from the plaintiff's lawyer and he told me to check my email for a message from them stating that they were "closing my file as a permanent hardship" and sent a request for a dismissal to be filed with the court !  I checked the docket all day and later on  the case was showing dismissed and removed from the docket ! WOW !!

Thank you so much for all the help !! I really want to thank everyone that helped me with this over the last 12 months ( wow, a whole year and 8 pages of panic and anxiety from me and calm reassuring  help from all you). So THANK YOU for the incredible and continual help:  Anon Amos, Sadinca, Ryan EX, Skippy1960, BV80, and all the others without which, I would probably of quit long ago. And for the immense help in the last 10 days with the 1 million  PMs and emails in getting ready with the actual trial brief, questions for their witness, and closing statements for the trial , Calawyer ( even if they never got actually used, I know I would of kicked A?f6$^8f&rSS ! with them )

THANK YOU EVERYONE !!  Oh and Bluesky, this is why you keep trying when you think something probably won't work.    :lol:

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Congratulations! You earned it. People who keep trying and have the courage to take risk, despite all the encouragement to give up, are the one's who earn the rewards.

Good job, against an OC even!

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7 hours ago, sadinca said:

Congratulations!!!

Thank you and thanks again for all the help !

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