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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118226
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, I am being sued in a limited Civil Case in California.

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Hello, I am being sued in a limited Civil Case in California. The Lawyer is representing a company I took out a loan from in 2006. I paid a legal assistant to help me answer the summons and asked them for a verification of the debt. . They then asked me for the same documents I asked them for, and a meet and confer request.

I did not receive their paperwork until last week as they it to my mothers house, so I missed the deadlines to answer them. The court date is today. This afternoon. They are making a motion to deem matters admitted, memorandum of points, and declaration.. I consulted with an attorney last week and have decided to file Bankruptcy .. They did not give me any specific instructions about how/what to say other than I should go to court today. I just wanted to see if there is any specific way I should speak to the judge today?I have missed the discovery and meet and confer deadlines, for the reasons I have said. I will also be filing Bankruptcy soon. Is there any thing else I should, or should not, say, or do? Court makes me nervous. Thank you for your help.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

When you get to court and your case is called, you need to inform the court that you are being represented by the attorney for the purposes of filing bankruptcy and you are in that process and you are asking for a continuance because the documents they mailed were to your wrong address and they sent them to your mother's address and as such that is excusable neglect for you not submitting the documents on time and you ask for a continuance to do so. You should say as little as possible about the bankruptcy and just mention that you have an attorney who is filing and then move to the fact they sent the documents to the wrong place. Do not get into the merits of your case, such as them claiming the wrong dates on your date of payment.

Regardless of what happens in court today, even if the court enters a judgment against you, that judgment will be extinguished and you will not have to pay when you get your bankruptcy filed.

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