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Never Received an Affidavit

Date: Fri, 02/08/2008 - 15:52

Submitted by dan.benge
on Fri, 02/08/2008 - 15:52

Posts: 15 Credits: [Donate]

Total Replies: 3


As stated in another thread, I was sued by Cach, LLC but when I denied not owing the amount because I didnt have enough information to make such a decision, the Plaintiff filed a motion for a Judgment on the Pleadings. I had filed an opposing memo, but they went ahead and got the judgment anyways.

The judge came out to realize later she had overlooked that memo and is now holding up the judgment notices, inviting me to send further evidence that contradicted the amount in their complaint to her assistant.

Her assistant had mentioned to me in a phone message that they filed the judgment based on the affidavit that they received from the Plaintiff showing that I owed that amount.

However, I received no Affidavit. Had I received this, I could have possibly tried to settle out of court...even if it was for the amount they were asking for, thats better than having that judgment on my record.

Was I supposed to receive a copy of that affidavit?


As you know, I was never given a chance to "object."

More and more reasons to vacate if the judge doesnt reconsider the judgment. I wont know for another week, but they are going to hold up the Judgment notifications until she looks everything over again.

Judgment on the Pleadings based on an Affidavit I never saw as well as because the Plaintiff claimed I had no meritorious defenses even though I denied their claim.

No validation, I received no Affidavit, No Discovery which meant I never even had a chance to settle. I believe this whole case was completely mishandled by the judge for the sake of expediency.


lrhall41

Submitted by on Sat, 02/09/2008 - 00:19

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