[tonybologna]

[IC Anonymous]

I have not heard back from atty's.

Talking with the receptionist, their records indicate the interrogs were received and they are marked for review.

After numerous calls to them, they have not replied. They say someone will call back, but they never do.

The court date is near the end of the month. I need to prepare mentally and procedurally.

Should I try to compel an answer to interrogs, or just go to court and explain they have not answered?

I have a paper trail going back to the initial dunning letter sent. I have answered them timely and they have done nothing in return. Well, they did sewer serve me and try to get a default.

When I talked to the Pro Se clerk and showed her the case file, she told me their filing was geared toward a default, and it contained the bare minimum.

Any suggestions? For preparing for the big day?

I am starting to wonder if they will even show for the trial.

[roybean]

Without me going back thru this entire thread, what does the scheduling conference order say to do in case of dispute? If it is not in the scheduling order, what do the local rules say?

[IC Anonymous]

Originally Posted by roybean

Without me going back thru this entire thread, what does the scheduling conference order say to do in case of dispute? If it is not in the scheduling order, what do the local rules say?

Roy,
Not sure what you mean. Could you elaborate on your question.

Let me give you a briefing:

1. I was sent a dunn by a CA
2. I timely dv'd cmrrr
3. they didn't forward copy from OC
4. Months later I found out there was a case filed against me
5. Plaintiff is OC - the atty representing OC is also the collector
6. The court helped me file a late answer
7. The only piece of evidence submitted in the complaint is
   an affidavit of facts notarized in Georgia.
8. No statements are included
9. The action is an account stated claim
10. There was a pretrial conf to see if it would go forward
11. I denied everything and demanded proof of claim
12. A court date was set
13. I sent interrogs and they haven't responded
14. They have sent nothing to me in the way of discovery
15. Court date is soon.

[IC Anonymous]

Originally Posted by IC Anonymous

Roy,
Not sure what you mean. Could you elaborate on your question.

Let me give you a briefing:

1. I was sent a dunn by a CA
2. I timely dv'd cmrrr
3. they didn't forward copy from OC
4. Months later I found out there was a case filed against me
5. Plaintiff is OC - the atty representing OC is also the collector
6. The court helped me file a late answer
7. The only piece of evidence submitted in the complaint is
   an affidavit of facts notarized in Georgia.
8. No statements are included
9. The action is an account stated claim
10. There was a pretrial conf to see if it would go forward
11. I denied everything and demanded proof of claim
12. A court date was set
13. I sent interrogs and they haven't responded
14. They have sent nothing to me in the way of discovery
15. Court date is soon.

bump

[IC Anonymous]

Originally Posted by Enigma

Have you called opposing counsel to find when and or if their response will be forthcoming?

In general before filing a MTP or MTC, you have to make a reasonable effort to contact opposing counsel.

Interesting development.
I called about five times total, because I was repeatedly told I would be called back and never was.

The last time I called I was told they don't have any record of receiving the interrogs!

I told them that was odd since the previous person I talked to told me they were received and marked for review. And I have the signature of the receptionist from the delivery and further confirmation of receipt. They tried to change the topic and avoid answering my questions.

This can only make my case stronger, just not sure how to apply this.

Going in real soon.

Help!

[drivel]

good luck bro

[IC Anonymous]

Originally Posted by drivel

good luck bro

Can't someone other than Dr Evil respond?

[Enigma]

Originally Posted by IC Anonymous

Interesting development.
I called about five times total, because I was repeatedly told I would be called back and never was.

The last time I called I was told they don't have any record of receiving the interrogs!

I told them that was odd since the previous person I talked to told me they were received and marked for review. And I have the signature of the receptionist from the delivery and further confirmation of receipt. They tried to change the topic and avoid answering my questions.

This can only make my case stronger, just not sure how to apply this.

Going in real soon.

Help!

Draft a Motion to Compel citing what you wrote here.

[IC Anonymous]

DISMISSED.

Without prejudice - although I did make an attempt for it. That means I'll need to check with the court on occasion over the next year to make sure they don't try to reopen and get a default.

I have the certified judgment and will be sending to CRAs soon.

Thanks for the help - especially Hanna. I'll be in the panhandle for Christmas near Morgantown visiting family. Go Mountaineers!

I can't say I learned all I needed to know, but I did learn enough to have confidence in my standing. The fact is OC couldn't substantiate their claim and that has been the case since I sent their collection atty a DV two years ago.

In other news.........I can't believe it's been two years!

[Enigma]

Congratulations!

[Hedwig]

Good job. You've learned a lot, so you'll be better prepared if they do file again.

[VexatiousLitigant]

This result was pretty unexpected.

[IC Anonymous]

Originally Posted by VexatiousLitigant

This result was pretty unexpected.

How so?

[VexatiousLitigant]

Originally Posted by IC Anonymous

How so?

Seriously?

[tonybologna]

Originally Posted by VexatiousLitigant

Seriously?

Yes. Please break it on down for our ever-so-lucky lotto winner!