Need help in California

[NT2016]

I am being sued by a debt collection agency. I intend to go to trial and have answered the summons but failed to respond to their request for production of documents.

Now they are filing this motion.

NOTICE OF MOTION FOR ORDER TO DEEM MATTERS ADMITTED;

MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION

There is a date and time at the court for this. 10 days out.

QUESTIONS

1. Can I fight this motion. If so what do I file?

2. Do I have to show up at court at the time indicated?

3. How will this hurt my case If I lose out on this motion?

Thanks everyone for helping.

[shellieh98]

answer them now. I would file a copy of the answers to the court even though you do not usually do so. If you do not know how to answer them without admitting it is your account, and you owe the money post back here. If we had more specifics of your case, we could help you better.  If there is a hearing for this, make sure and show up and tell the judge you answered them on xx/xx/xxxx. If he asks why you didn't answer before that, make something up, but don't say its because you didn't know what it meant if you didn't, or he might grant their motion. 

[CCRP626]

1 hour ago, NT2016 said:

have answered the summons but failed to respond to their request for production of documents.

Now they are filing this motion.

NOTICE OF MOTION FOR ORDER TO DEEM MATTERS ADMITTED;

Do you mean you didn't answer their request for admissions? See this guide-

http://www.saclaw.org/wp-content/uploads/sbs-motion-to-deem-facts-admitted.pdf

http://saclaw.org/wp-content/uploads/sbs-relief-from-admissions.pdf

[NT2016]

Hi Shellie,

Thanks for answering.  So I can still answer the request for production of documents even though it has been more than the 30 days the plaintiff specified?

There are 10 questions relating to documentations pertaining to the account. What form should I use and how would I best answer the questions?

thanks

[CCRP626]

@NT2016 Did you read the info linked? Top link, see step 7. It appears you'll owe them costs for having to file paperwork to get you to comply. Bottom link has the whole procedure, templates, statutes, caselaw, excuses. You need to include your responses before the hearing. Just sending them in doesn't get you off the hook, see the rest of the detail.

[CCRP626]

6 hours ago, NT2016 said:

There are 10 questions relating to documentations pertaining to the account. What form should I use and how would I best answer the questions?

There is no Judicial Council form for this procedure. Instead, the relevant document must be typed on 28- line pleading paper. A customizable template may be downloaded from this link.A sample filled-in form with instructions is available at the end of this Guide with answer option ranging from Admit to Deny and others.

http://www.saclaw.org/wp-content/uploads/sbs-discovery-reponding-to-requests-for-admission.pdf

 

[NT2016]

Hi CCRP626,

Thanks alot for your help. I am working on the links you sent me. The information is really helpful.

What can i expect from the hearing and whats the cost am i expected to pay for their trouble.

Thanks

[shellieh98]

any costs will be added to the suit should they win.  If they don't win, then you wont owe them anything.

Most of your answers are going to be "Denied. After a reasonable inquiry and diligent search the defendant has no records to admit or deny, therefore denied"

Don't admit to anything except your name and addy.

You can win this case if you study, ask questions and read the California threads from people who have won here.  Start with the pinned one by astmedic in this forum.