to then,I've ask for validation of debit and just recived back the c/c sttatements.Seens the sttatem/ are only thing they have against me,They never send the contract w/ my signature wich is my best defense so far.Now they file a MOTION for admission of genuinnes of documents"def. failed to provide responses of proponding discov".as well a monetary sancctio."defendant waivedright ot objct plant's req for admission.Also I have to respond toCM110.Everithing I'Ve send them was certified mail and I have proof that I 'Ve send.Please, somebody tell me what do next?I'll sendCM110 soon I can(have till Jun/10 to do it)Should I tell then that they never send me validation of debit.That's my big card on hand.Without I know they r violating the CFDCpraticesact.Should I sued them for that?what itcost?Is it right that I waived my right to object plant. req for admission?I asked for proof of relation between then N original creditor N they just afirm that in the letters they send me.They also want to meet for case settlement and ask me to call then in 10 days.I tried before to call and was they proposition or nothing n I don't agree.I'm not giving my money to them without proof that they r the original credit. I don't even know if I have sign a contract with this C/c.Not a american N when i got my ssn,did'rain' offers of c/c in my mail box. Please,give me a bright idea how to fight it.Thank you.
Did you respond to the Request for Admissions correctly? The typical responses are one of the following:
3) Responding Party lacks information or knowledge to admit or deny this request. Responding Party made a reasonable inquiry concerning the matter in the request; however, the information known or readily obtainable is insufficient to enable Responding Party to admit or deny this matter.
Were your responses verified under penalty of perjury? “Unsworn responses are tantamount to no responses at all.” Appleton v. Superior Court, 206 Cal.App.3d 632, 636 (1988).
Were your responses timely? Within 30 days after service of the requests for admissions, the party to whom the requests are directed “shall respond in writing under oath separately to each request.” Code of Civ. Proc., § 2033.210.
If a party fails to file a timely response to requests for admission, “[t]he requesting party may move for an order that the . . . truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction . . . . [¶] The court shall make this order, unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with paragraph (1) of subdivision (f) [§ 2033.220]. It is mandatory that the court impose a monetary sanction . . . on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” Code Civ. Proc., § 2033.280, subds. (b), (c).
If there are any discovery motions, you need to file an opposition no later than 9 court days before the hearing.
The Case Management Statement (CM-110) for the Case Management Conference is totally separate from the discovery issues.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
As Mr. Chen plainly stated, you need the help of a lawyer. There are pitfalls in some states that you can easily fall into and lose an easily winnable case. You may still have claims, but you need to see a lawyer NOW before it is too late (if it isn't already).
Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.
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