I received a notice of motion to pay sanctions and admission of truth of facts be admitted from a debt collection lawyer. They said I never sent to them a requested Plantiff iterrogatories/demand of documents/ request for admissions. I never got this document. I asked them to send it again, but they never did, now the motion day in court is in four days! What do I do when I go to court?
Answer
The best bet is to respond to the requests for admissions attached to the plaintiff's motion within a couple of days before the hearing and have someone deliver the written responses (or e-mail/fax it) to plaintiff's attorney. File a declaration under penalty of perjury with the court telling the judge that you've served the responses to the plaintiff's attorney, and attach a copy along with the proof of service. In that way, you won't be deemed to have admitted facts that might not be true and lose the case.
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