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Something is up... please help me figure out what


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I sued my bank in small claims for numerous things that have gone on for years. The other day, I received a call from their representative who had general counsel waiting to conference in. Of course I was not expecting it, so I arranged with them to have a conference call with them and their general counsel today. They are on the East Coast and I'm on the West Coast, so we set the appointment at 11am my time, which is 2pm for them. We confirmed the date and time before hanging up.

Forward to today and there was no call at 11am. I thought perhaps they got the time mixed up, so I waited for 2pm my time and still no call. I am not sure what's going on because this has never happened to me before. One thought is that they might try to bump it up to District.

Just to make it absolutely clear, I never spoke to general counsel because they never conferenced in so there was no meet and confer.

Thoughts? Am I going 0 to 100?

Thank you!

 

 

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First off, until the appeals period is finished, you should always figure that the other party is going to appeal and prepare to move forward as such. Sounds like they have no clue what they are doing though either.

If you have contact information of the person that called you, I would contact them and inform them that you do not like to have your time wasted like this and that actions such as this are what has lead to the current situation. You are still willing to have a discussion but your patience is wearing thin. Also, inform them that you cannot simply drop what you are doing at a call to go over the case and that they should afford you the same courtesy that they would another attorney.

So, what I would do is prepare for both an appeal and what my next action will be once the appeal period is done. If they call back for another meet and confer, again offer an appointment but let them know that if they miss the appointment again, you are going to note it should these proceedings continue.

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My apologies if there was miscommunication on my part.
 

This was their first communication after being served. I have checked the case summary and they haven't filed anything currently.

I will see if they do anything else before court which is less than a month away. But a call to reschedule isn't a meet and confer. I saved the recorded call to prove it.

I'll wait until Monday to call the person who called me back.

Thank you for the response.

 

 

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Wait, is this another suit? I thought it was the same one where you got a judgement already.

If this is another suit then look at the CA Rules of Procedure to see if they have to file an answer or simply show up at court. If they are required to file an answer and don't, then on the court date, move for a summary judgement. Otherwise, just show up at court ready to prove your case.

As far as talking to the other lawyers, you can call to reschedule the meeting if you wish but I would again let them know that I don't like my time being wasted for meetings that don't happen and it is stuff like this which has probably lead to the case being filed in the first place.

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2 hours ago, WhoCares1000 said:

Wait, is this another suit? I thought it was the same one where you got a judgement already.

If this is another suit then look at the CA Rules of Procedure to see if they have to file an answer or simply show up at court. If they are required to file an answer and don't, then on the court date, move for a summary judgement. Otherwise, just show up at court ready to prove your case.

As far as talking to the other lawyers, you can call to reschedule the meeting if you wish but I would again let them know that I don't like my time being wasted for meetings that don't happen and it is stuff like this which has probably lead to the case being filed in the first place.

Yes. This is #3.

 

#1 is at the Bank Levy stage.

 

#2 is at the waiting for the 30 days to be up before I send them the "F*ck you, pay me" letter stage.

 

#3 I just filed.

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