Hi there. Ok, I'm being sued in Los Angeles for a $3,500 credit card debt. I've been living in Puerto Rico for one year now, where I live very poorly. Here's what my case summary says ( histories extract):
"10/17/2007 CASE MANAGEMENT ORDER SIGNED AND FILED BY JUDGE R.(...). MATTER SET FOR ORDER TO SHOW CAUSE WHY SANCTIONS OR A DISMISSAL OF THE ENTIRE ACTION SHOULD NOT BE IMPOSED FOR FAILURE TO FILE ANY AND ALL PAPERS/DOCUMENTS NECESSARY TO BRING THE MATTER TO TRIAL
OR TO EFFECT A FINAL DISPOSITION AS TO ALL ISSUES AND PARTIES TO THE ACTION. HEARING ON 11/19/07 AT 08:30 AM, IN DEPT. (...) . CLERK'S CERTIFICATE OF SERVICE MAILED/GIVEN TO RESPECTIVE PARTIES /COUNSEL."
Question: is this mention bad for me or bad for the Plaintiff? Do I have to show up in Court at the scheduled date, or is it just a preliminary hearing for the Plaintiff to show the judge they have a valid case against me? Am I at risk of a bench warrant if I can't show up for that hearing?
Thanks ++ for your qualif. answ.
2007-10-22 05:24:00 · 4 answers · asked by Laurent S 1 in Politics & Government ➔ Law & Ethics
It appears to be bad for the Plaintiff. It's his duty to to file those things necessary for trial or disposition. Certainly the dismissal would be favorable to you, assuming you don't have a counterclaim on file(I can't imagine why you would). Unless the Court order specifically requires your appearance, I wouldn't go.
2007-10-22 05:34:10 · answer #1 · answered by webned 6 · 0⤊ 0⤋
That looks bad for the Plaintiff.
The order to show cause (OSC) is for failure to file documents necessary to bring the case to trial -- and a dismissal is bad for the person brining the lawsuit.
If you don't show up -- and the Plaintiff solves the problem -- then the lawsuit can proceed. If you do show up -- and the Plaintiff solves the problem -- then the lawsuit can proceed.
You are not at risk of a bench warrant because it is not a criminal case appearance -- it is a civil lawsuit, and failure to show up means you just have no say in the outcome of the hearing.
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EDIT: The poster above is absolutely correct -- you can appear by CourtCall (telephonic) -- which has a $40 cost last I checked, but saves you the travel from elsewhere.
2007-10-22 13:51:20 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋
I'm not sure what the law is in California, but in North Dakota where I live, a person who is being sued in civil court (the defendant) neither has to answer the lawsuit or appear in court to defend themselves against it if they choose not to do so.
If a person chooses not to appear or file any documents in the case; then in most cases the court will grant a default judgment in favor of the plaintiff for the entire amount of the suit plus costs.
The real problem for you is that if you choose not to appear; then a judgment will appear on your credit bureau files and that can lead to some unwanted consequences later. Any judgment or public record remains on your credit bureau files for seven years. In addition, in most states, a judgment gathers interest for every month it remains unpaid. A plaintiff also has the right to have the judgment used as a way to garnish your wages and bank accounts as well as to seize any assets you may have in an attempt to settle the debt.
Therefore, my advice to you is to seek the advice of an attorney and see what your options may be.
Good luck.
2007-10-22 12:32:31 · answer #3 · answered by rick4404 3 · 0⤊ 0⤋
You can request and make a telephonic appearance. Look it up on the court's website at http://www.lasuperiorcourt.com. There will be an associated cost, but it'd be far cheaper than airfare.
As others have written, if you dont show up (or make the telephone appearance), you can lose by default.
2007-10-22 13:00:42 · answer #4 · answered by Shell Answer Man 5 · 1⤊ 0⤋