Re: PANIC setting in again...please help

Posted by Tim (66.91.144.122) on January 14, 2004 at 19:01:39:

In Reply to: PANIC setting in again...please help posted by rapidlygoinggray on January 14, 2004 at 14:56:04:

You do not necessarily have to list all the defenses to the claim, only certain ones. It seems that SOL does not apply so you were right in not listing it.

At this point, you need to file a memo in opposition to the msj with your own affidavit and any exhibits supporitng your defense. You need to show or create an issue of fact. They probably submitted and affidavit and an accounting of the amounts owed with interest etc. You need to be able to dispute those facts as being not accurate.

You can try to immediately serve interrogatories and a request for production of documents to try and delay the hearing. Some times if you convice the judge that the amount maybe inaccurate and yuo need to conduct discovery to obtain evidence for your defense, the judge will continue the hearing to allow you to see what evidence is available from the ca and cc.

If you admit that you owe the money, then you lose.

Follow Ups:

Post a Followup