Encino, CA asked in Consumer Law, Small Claims and Collections for California

Q: I am being sued by a debt collector.

I answered the lawsuit within the 30 day period however they filed a "motion to deem request for admission". The hearing (which doesn't require an appearance) is scheduled for 3/4/22. Problem is, I was never served, mailed, or emailed any Request For Admissions. What motion should I file in response?

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Collections Lawyer
  • Las Vegas, NV
  • Licensed in California

A: File an opposition.

Send fax to defense attorney.

1 user found this answer helpful

Yelena Gurevich
Yelena Gurevich
Answered
  • Consumer Law Lawyer
  • Studio City, CA
  • Licensed in California

A: First, an appearance is absolutely required unless you want a default against you. You must attend all hearings. Second, you will need to file an opposition stating that you were never served and attach a declaration. I highly recommend you contact and consult and even hire an attorney. These are not do it yourself defenses and generally without a lawyer you are likely to get a judgment against you.

1 user found this answer helpful

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