CA lawyer Made error... What happens now?

If motion to dismiss fails and suit carries on,demand proof of debt along with all details using the discovery process.

So what you are saying is that you knew your last payment made the debt within the SoL yet you went ahead with a motion to dismiss and now that they corrected the mistake you want to figure out what you need to do?

Well if your motion to dismiss opasses then you can probably expect the process to start all over again. I don't know if they will be able to add extra attorney fee's on for it since they had to do it twice or if they will be able to counter your motion with the corrected info.

Keep all of your ducks in a row and all of your paper work handy.

Cajun: Thanks for the advice. I'll make sure to do that. :D


FYI: Yes, that's what I did - I took a gamble going on the info they sent me.

Ah well......win some, lose some. Either way, I'll keep you all upadated. You all have been a great source of support.

No, it won't start all over again. You will have to deal with the appeals process in your local supreme/suprerior/district whatever the higher civil court is. This is the big time with real judges who will look at you like a moron and overturn that decision. If you're in a wacky state, small claims appeals go to jury trials. Good luck.

No, it won't start all over again. You will have to deal with the appeals process in your local supreme/suprerior/district whatever the higher civil court is. This is the big time with real judges who will look at you like a moron and overturn that decision. If you're in a wacky state, small claims appeals go to jury trials. Good luck.

listen to Cajun on this sight please!

Well, when did you actually make the last payment? That is what matters, not the date they say you did.

I am still new to all of this myself, but if you sent them a validation letter, and they did not send you what was requested to validate the debt wouldnt that also be a help in your dismisal request?
Sorry maybe i am wrong on this, but just a thought to help your legal grounds.

Like Sam said,what is your actual date of last payment?

The actual date of last payment, which they got right in the 2nd letter, puts it back into SOL. Too bad for me.

I have also just received a order in opposition to the motion to dismiss, no surprise there, to which they attached the updated info.

I'm a stay at home mom - I don't have any income and nothing in my name except a 4 year old car and bank accounts w/less than 100 bucks in total. I can file paperwork, that's no problem, but won't be able to go to court w/out scrambling for a babysitter. I was hoping that just putting up a bit of a fight would cause them to move on to easier tasks, but I guess not.

I say all that to ask, what can they actually do besides get a judgement? And if they get a judgement, and I have no income and no property except the 4 year old minivan (which is paid for) then what? Can they go after the spouse?

Do you live in a community property state?

Well betty as FYI said if u live in a community property state then yes! That's where i was in the process, they were gonna try to garnish my husbands wages even though he knew nothing of this debt! He was gonna try to be relieved of this debt since he didn't know aobut it but then they decided to settle with me (probably cuz they knew they may lose)
Hope this helps u some,
Ang

From what I have seen, the community property states are

Arizona.
California.
Idaho.
Louisiana.
Nevada.
New Mexico.
Texas.
Washington.
Wisconsin.

If my information is correct, then I do not live in a community property state.

Question about community property state: I didn't think a spouse could be held responsible for debt that occurred prior to the marriage? Wouldn't that be a defense the spouse could use? How can they make someone pay for something that someone else did when they were single?

Single? Who's single? lol Sorry but i'm lost here!
I'd think if a debt was made before marriage then it would not be community property... but someone once told me somethign about that on this site.... now i can't remember who or what! :lol:
But i'm not sure where ur question stems from???
Maybe i missed something here,
Ang

Sorry for the confusion. I asked for my benefit since I read the last couple posts and started to sweat. I have alot of stuff on my credit reports but it is all older then my marriage and since I don't work, I felt I was in a strong position to fight them since taking me to court would be pointless of them as I own nothing of value.

Ahhh ok golden! Sorry but i was SO confused by ur questions! LOL I think it was Cajun that mentioned something about community property to me one time and having debt before marriage... there was a chance they could come after ur spouse for payment but i don't remember the exacts of it as it didn't apply to my situation!
Again sorry for the confusion!
:D
Ang

Even though I'm all ready in the lawsuit and have filed an answer, the attorney's office has sent a dunning letter for 200 more than the orginal amount I'm being sued for. Must be attorney's fees.

The question is, should I send a DV for this dunning letter although I have all ready sent one before and am basically in the discovery period now?

Also, when does discovery start - I am currently waiting for the judge's decision on my motion to dismiss.

I am going to double check my court rules of procedure also.

As I said before, I am not sure even if I want to continue to fight. I dont' have any income nor a home in my name...what can they take in a judgement?