Sued by unifund (credit card debt via 3rd party attorneys)?

Question

Hi there,

I have an initial Case Management Conference coming up in a couple of days. This is Limited Case Civil in California (credit card lawsuit). Discovery is still in the works, but I noticed some botched paperwork by the attorneys--

Basically, their Case Management Statement (CM-110) not only has the wrong court ADDRESS, but has the WRONG DATE! It shows for the conference to be this Sunday.

Are they hoping that I don't show up? That would be a pretty dirty trick.

(Luckily this form is also in the hands of the court as well as mine.)

I was wondering if, how, and/or when I should bring up such an error in the court system?

Answer 1

I would do as the paperwork instructs,but bring a witness or two, or buy a newspaper,and have a picture taken of you holding up the paper in front of the courthouse, and wait for the call, or angry letter.

Then in court, don't forget to mention the "minor mistakes" and ask how many more are in the "statement"

Answer 2

By all means bring this up to the opposing attorneys by fax and letter to demonstrate your

logical confusion through their sloppy filings. Go to the Court with the paperwork, but how will you know the correct scheduled court date?

1. Call the Court Clerk      2. Visit the Court clerk

or 3. Larger California counties have this information available on line.

Telephone the collection attorney's office and most will be gracious and appreciative to learn of their error before wasting much time or energy. There is often a tendency to give credit for cleverness in the face of an obvious unintentional common errors. But take nothing for granted and document all conversations by immediately following up with a letter or fax wherein you confirm the existence and nature of your conversation. My experience is that most collection counsel are throwbacks to attorneys of thirty years past where their word was like a bond. Most newer civil attorneys require you maintain one or both eyes on them....    

Good luck