Legal Question in Credit and Debt Law in California
Case Management Conference Question
A case management conference has been scheduled in my debt collection case in Orange County, CA.
The conference is 1.5 weeks away. I have not filed a statement yet because I just received notice of the conference.
I am currently out of town and plan to file an answer when I get back in a couple of days. I have serveral questions regarding the CMC.
First is do I serve the plaintiff a copy of the case conference statement before filing the original with the court?
If the case proceeds to trial is it better to have it with a jury or without? Also, should I agree to mediation?
I don't think this is a legitimate debt. The creditors don't have the right account number. I don't want to settle with them.
If I ask the judge to set the trial date like 6months from now is that too long? I want to have time to prepare for the case and if I can't I want to find a competent atty.
I am not really sure how to fill out the case conference statement and am trying my very best to defend myself since I don't have an atty now. Thank you.
1 Answer from Attorneys
Re: Case Management Conference Question
You serve the plaintiff's attorney by mail with a copy of the CMC statement at the same time you file it with the court.
It's up to you and your lawyer whether to empanel a jury. It's costly. If you lose, you would have to pay the other side's jury costs.
Mediation is always worthwhile, if you agree you should pay some money, or if you want to pay something to make the case end.
You might have a statute of limitations or other defenses. You should consult with a local attorney.