Legal Question in Civil Rights Law in California
civil - motion to deem facts admitted california
What does this mean if my case went to court motion to deem facts admitted was filed?
I sent a letter to the judge before the court case letting him know that I wouldn't be able to make it to court do to loss of wages which, I need. letting them know that I can pay the creditor $200.00 a month and that I was already paying $800.00 a month to other attorneys and couldn't afford to pay any more.
My letter ended up showing up as correspondence what does all of this mean?
Thank you,
Stacy
3 Answers from Attorneys
Re: civil - motion to deem facts admitted california
You've now learned that letters to the court do not constitute pleadings, and generally have no value. The judge isn't even allowed to look at them since they are an attempt at 'ex parte' contact. Even if he did, the court is not in the business of giving payment orders, only judgments for the full amount proven. RFA's deemed admitted mean that your case is probably lost by default on the 'facts'. You need to hire counsel to try to set this aside and defend you, if the case/potential judgment has sufficient value to make it worth doing. Otherwise, you'd better go to the law library and start learning motion filing practice and civil procedure. Bookstores have self help books you should have read before getting this far behind. Try contacting your local bar association or a legal 'clinic for the poor' for pro bono or reduced fee help.
Re: civil - motion to deem facts admitted california
A motion to deem facts admitted means you didn't respond to the Requests for Admission served upon you.
The judge did not read your letter, because attempting to communicate with the judge without sending a copy to the other side is unfair and against the rules.
Also, your letters will have no effect whatsoever on the court case. If you don't file and serve a timely opposition to the motion, in the proper legal format, the other side's facts will be established as true; and you will lose the case.
The judge does not care how much money you can afford to pay, or how much you might have paid your former attorneys.
Re: civil - motion to deem facts admitted california
It means that the plaintiff had served you with requests for admission. After you failed to answer, the plaintiff went to court to have those facts deemed admitted. Basically, the court determined that you admitted every fact that hurts your defense in the case. The next step is for the plaintiff to obtain judgment against you, perhaps by summary judgment. Unless you obtain an attorney and reverse the deemed admissions, you will lose, and could soon have a judgment against you that will be enforceable for up to 10 years, and can be renewed for another 10.
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