Falky foo wrote:
I'm a defendant in a suit waged in Calif. by the most incompetent law firm
in existence. They work for a credit collection agency and I think they
just assume that they'll just get a default judgment because once they file
the complaint they don't know what to do next.
Just make SURE you answer the complain and go to court.
Anyhow, they filed the suit in the wrong court,
Now how did you know it was the wrong court?
I made a motion to change
venue, the motion was granted. CA law says that if the suit was filed in
the wrong court, the plaintiff must pay the court costs to transfer it
within 30 days after I gave them notice of the order to xfer. The court and
I have been waiting for 45 days for the plaintiff's to pay the costs so it
could be transferred, but the plaintiff apparently has not.
So I was just about to file a motion to dismiss
WITH PREJUDICE!
when the court mailed me a
"Notice of Order to Show Cause re: Dismissal" which says within it "An Order
to Show Cause re: Dismissal in the above action has been set for (date)
(time) (dept.)" I'm not sure what this is. I didn't receive anything from
the law firm so I'm assuming it's not based on an ex parte motion by them.
I'm assuming the court is doing this sua sponte. Is that right? And if so,
am I legally required to show up? (it's a horrible pain to drive the
distance which is why I made a motion to change venue in the first place)
So are you saying that they never changed the court location? Call the clerk and
ask for info and help. Most are very helpful.
Now that I think about it, the ADR meeting was supposed to be held on the
same day that the Notice of Order was mailed. I didn't go, and I have a
feeling the firm didn't go either, because they never responded to anything
from me or the court, so maybe it's an automatic dismissal if nobody shows
up for ADR.
In any event, could somebody tell me more about this? Thanks!
I thnk you might be in default. SO CALL the courthouse ASAP.
Good luck
J
