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DrakeLAW, Lawyer
Category: Legal
Satisfied Customers: 745
Experience:  Attorney at Drake Law Firm PLC
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I am representing myself in a civil suit in california.. i

Customer Question

hello... i am representing myself in a civil suit in california.. i am the plaintiff.. could you give me the steps to take. for example: if they havent answered my discovery the Interrogatories, what motion would i file. also, what is the proper steps in completing the default package
JA: Has anything been filed or reported?
Customer: yes i have filed the basic summons and complaint.. i also filed the interrogatories but the defendant has not answered
JA: Anything else you want the lawyer to know before I connect you?
Customer: how do i do a complete default packet after i filed the Entry of Default
Submitted: 3 months ago.
Category: Legal
Expert:  DrakeLAW replied 3 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Customer: replied 3 months ago.
Thank you for your help. I look forward to it. I need to do the next step to my case so i dont miss out on the money this lady owes me. She has it too but just refuse to pay me. She came over 2 weeks ago saying she will pay me. Then she called and asked what name to put the check in i told her mine. Then i havent heard from her. She showed me she made 300k but yet doesnt pay me. she also has the money to pay for representation but dont want to pay me. i need your help. i am willing to pay more when i receive my payment from her. i have it figured to 19k with the usury law of 10% on 11k is what she owes me. i just need guidance, i will do all the work..
Expert:  DrakeLAW replied 3 months ago.

Ok, happy to help. I hope you get your money too.

Sounds like you are at the default stage? Did you serve her with the Complaint and Summons?

Customer: replied 3 months ago.
Hi. Thank you for your reply. Yes I did serve her with the complaint and summons. I also sent interrogatories to her then to her attorney. I did entry of default on her LLC as well.
Expert:  DrakeLAW replied 3 months ago.

Alright, well the interrogatories are moot if you are getting a default. Do you have the default packet? If so, do you have a link to the one you are using?

Customer: replied 3 months ago.
I do have the default packet. I tried to file it but the clerk did not accept it. I need guidance with it. What do I need to do? Serve the statement of damages and when I record the proof of service file the rest of the packet? I'm stuck at this point. Also with her not answering the interrogatories, how can I get the judge to Grant my motion to compel? I will just focus on the default and not the interrogatories. I asked for the knowledge. I'm grateful for your time. Thank you so much
Expert:  DrakeLAW replied 3 months ago.

Well, you skip over the motion to compel and all the discovery and right to the judgment. Once you have a judgment you can serve her with a judgment debtor's exam and if she doesn't appear, an arrest warrant will be issued.

Do you have a web link to the default packet you are using? Or tell me what court you are in.

Customer: replied 3 months ago.
I am in the San Bernardino County civil Division. I do not have the link.She did file an answer, it was after the time but it's still recorded. The clerk mentioned I can't default her because of it, I need to file a motion. Should i file motion for summary judgement or is there just a judgement?
Customer: replied 3 months ago.
When I get this money, I'm willing to pay for your help. My graditude.
Expert:  DrakeLAW replied 3 months ago.

Oh ok, so because she filed an answer, the clerk will not allow a default correct? Then there is no point filing a motion for default and you need to proceed with the case.

Customer: replied 3 months ago.
Correct I need to proceed with the case with her. The last thing I did with her were the interogatories she has yet to answer. her company I was able to file the entry of default which is a LLC. Her representation did not file an answer for her LLC only for her.
Expert:  DrakeLAW replied 3 months ago.

Ok, so proceed with default against the LLC.

When were the interrogatories served?

Customer: replied 3 months ago.
To continue the default on the LLC what do I need to do? I tried to file the default packet but the clerk refused. Do I sent the statement of damages first and when I file the proof of service with the clerk file the default packet?She was served the interogatories on 1/10/2017 then I did the motion to compel and because I didn't serve her attorney the judge denied me. So I served her attorney 4/3/2017
Expert:  DrakeLAW replied 3 months ago.

Ok, I will get back to the default.

You served the interrogatories or the motion to compel on the attorney on 4/3/17?

Customer: replied 3 months ago.
I just served the interogatories on 4/3 I haven't done the motion to compel until I'm on track. The judge tells me in a nice way "seek legal advice". Next time I see the judge and I am on track he will grant me all that I am asking. He can't at this point and he tells me what I need. I just don't know the order
Expert:  DrakeLAW replied 3 months ago.

Ok, so you need to wait the 40 days on the interrogatories at this point. I will look up the default rules for your court and respond when I am able.

Customer: replied 3 months ago.
Ok. Thank you very much. When I get my money from her if you don't mind I want to make a contribution to you for all that you are doing for me. Thanks again