This is for a credit card debt. I was served a summons, I responded then asked for discovery twice, I got nothing back...they asked for discovery...I responded for the most part with denials and gave my addresses for the past 5 yrs. Now they want to have a case management conference. I really feel as though they should supply me with what ever information they think they have that I owe this debt. can you give me a quick rundown on what will be going on in this conference? Do I need to work up some questions to ask them or is this not appropriate? Is this more like a deposition where they get to ask all the questions? I have been divorced a couple of times and there may very well be an outstanding debt out there somewhere, but isnt it their burden to prove?
Real Estate Attorney
The Case Management Conference is ordered by the Court to make sure all parties are served, to see if case can be resolved via mediation, arbitration or settlement conference, to see if there are any particular issues the court may assist with, and to set a trial date.
If Plaintiff will not respond to your discovery requests your remedy is to file a motion to compel responses. It is their burden to prove, but you still want to know what evidence they have against you.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
The main purpose of the Case Management Conference is to set the trial date if the case is ready to have a trail date set, as well as to explore whether the court might also refer the matter to mediation.
The Case Management Conference is NOT the time to discuss specific evidence with the judge. it is nothing like a deposition.
Please see the following guides:
Debt Collection Attorney
A case management conference is set by the court to find out the status of the case, refer to mediation and/or set a trial date and schedule. Discovery disputes are handled according to code, not via a case management conference. Honestly, it sounds like you are in over your head and should discuss your case and/or hire an attorney ASAP.
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Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.
Joshua P. Friedman
Disclaimer of California Attorney Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract. Joshua P. Friedman firstname.lastname@example.org www.losangelescollector.com