I have a court scheduled mandatory settlement conference this Friday. Do I need to bring evidence then or do discovery?
I filed an answer to this in June, he listed me on credit reports as case closed 1 month later. Then I went online to check status and the court scheduled the conference. One week ago I received an envelope from attorney with "discovery already completed" . I thought discovery takes place after conference, before court date? With his facts wrong, all I want to do is pay off the original loan which was $2600, not the $13,600 he's suing me for. Do I have a chance considering the above?
3 attorney answers
ABSOLUTELY IGNORE MR. ISQUITH WHO HAS BEEN GIVING TOTALLY WRONG ADVICE ON AVVO FOR YEARS.
You need to file a mandatory settlement conference statement.
You do not begin discovery after the MSC but any time after you were served with the lawsuit.
You do not bring "evidence" to an MSC.
By now you begin to understand that law is not a do it yourself project.
By the way, name calling (slimy sole LLC) is inappropriate on many levels and if you use that kind of language in front of a judge, ... well, you'll see.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
you do not have to do anything...but if there is evidence supporting your position it will help you before the settlement officer
You need to retain an experienced California litigator to assist you with this immediately. You are already behind the eight ball with this and if you continue without representation you're going to get clobbered. If your finances are poor enough you could consider filing bankruptcy which would be cheaper than paying this debt or litigating so you should consult with a local bankruptcy attorney or two.
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