{"id":6854,"date":"2020-03-13T12:25:35","date_gmt":"2020-03-13T16:25:35","guid":{"rendered":"http:\/\/privacyfight.io\/?page_id=6854"},"modified":"2023-06-23T05:26:05","modified_gmt":"2023-06-23T09:26:05","slug":"10-how-to-respond-to-lawsuits","status":"publish","type":"post","link":"https:\/\/privacyfight.io\/10-how-to-respond-to-lawsuits\/","title":{"rendered":"P16 &#8211; How to Respond to Lawsuits"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-page\" data-elementor-id=\"6854\" class=\"elementor elementor-6854\" data-elementor-post-type=\"post\">\n\t\t\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-b4ba750 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"b4ba750\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-1a04980\" data-id=\"1a04980\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-c5079cd elementor-widget elementor-widget-text-editor\" data-id=\"c5079cd\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<div class=\"vidseo_wrapper\" style=\"width: 100%;\">\r\n\r\n    \r\n    \r\n        <div class=\"vidseo_vimeo\">\r\n\r\n            <iframe title=\"vimeo-player\" src=\"https:\/\/player.vimeo.com\/video\/733233092\/?\" width=\"100%\" frameborder=\"0\" allowfullscreen><\/iframe>\r\n\r\n        <\/div>\r\n\r\n    \r\n    \r\n    <div class=\"vidseo_collapse\" style=\"\">\r\n        <div class=\"vidseo_btn\" style=\"\">\r\n            P16 \u2013 How to Respond to Lawsuits\r\n0:02\r\nHi, everybody, This is John Jay, and I wanted to go over a very basic methods of responding to a lawsuit.\r\n0:08\r\nThis applies to individuals that have been sued.\r\n0:14\r\nMaybe a company was sued along with the individual.\r\n0:18\r\nIf the company has been sued, &#8230;        <\/div>\r\n        <div class=\"vidseo_collapse_content\" style=\"\">\r\n            <p>P16 \u2013 How to Respond to Lawsuits<br \/>\n0:02<br \/>\nHi, everybody, This is John Jay, and I wanted to go over a very basic methods of responding to a lawsuit.<br \/>\n0:08<br \/>\nThis applies to individuals that have been sued.<br \/>\n0:14<br \/>\nMaybe a company was sued along with the individual.<br \/>\n0:18<br \/>\nIf the company has been sued, there\u2019s other methods you need to take other other actions you should take to protect whatever interests you would have in that organization so that you don\u2019t have to have an attorney represented. We could talk about that in a different segment.<br \/>\n0:32<br \/>\nBut I just wanted to talk about being sued personally, whether it\u2019s a credit card debt or some sort of personal guarantee you made, anything pretty much any civil suit.<br \/>\n0:43<br \/>\nAnd there are versions of this, but basically I want to I want you to understand some basic concepts So that it\u2019s not terrifying when you get a piece of paper with words on it, OK. I don\u2019t care if the sheriff delivers it to your house or whatever.<br \/>\n0:57<br \/>\nI know nobody likes to see that, but, uh, it\u2019s just a piece of paper, OK?<br \/>\n1:01<br \/>\nSo, let\u2019s, let\u2019s start here. We have so many days to answer and writing, alas it, you have to answer in writing.<br \/>\n1:10<br \/>\nIt doesn\u2019t, the day start counting the day after you get served.<br \/>\n1:13<br \/>\nSo you get served on Monday, the time starts ticking on Tuesday.<br \/>\n1:19<br \/>\nTypically you have 20 days, up to 30 days to respond, sometimes 60 days.<br \/>\n1:25<br \/>\nUsually it\u2019s 20 days if it\u2019s A in eviction. Yeah, five days, those are really unusual.<br \/>\n1:33<br \/>\nBasically, you have five days answering within 30 days you have a trial, so that\u2019s a whole different battlefield.<br \/>\n1:40<br \/>\nBut when it comes to is someone suing you for money?<br \/>\n1:44<br \/>\nIf you\u2019re already protected, then you can really ignore these.<br \/>\n1:47<br \/>\nIf you\u2019re not, or you\u2019re not sure, you can buy yourself time by moving the court to dismiss the case instead of answering the case when you answer, and you admitted denied the allegations.<br \/>\n1:59<br \/>\nYou\u2019re actually in court.<br \/>\n2:01<br \/>\nWhen you move the court to dismiss and not file an answer, instead, you just moved to dismiss.<br \/>\n2:08<br \/>\nYou\u2019re telling the court that you\u2019re only appearing for the special purpose of asking the court to dismiss the case.<br \/>\n2:15<br \/>\nAnd that, for whatever reason, the case shouldn\u2019t proceed, right?<br \/>\n2:20<br \/>\nSo this is what we\u2019re gonna do. We\u2019re gonna go over this.<br \/>\n2:22<br \/>\nSo if you look where I\u2019m highlighting here, what we have is an example motion to dismiss, and you\u2019re gonna have variations of this Where I\u2019ve highlighted light in the top two lines.<br \/>\n2:33<br \/>\nIn the court, justice, county, name, county, state or whatever. You can fill that in.<br \/>\n2:37<br \/>\nYou\u2019ll be able to, you\u2019ll be able to see what that should be by looking at the actual complaint you received.<br \/>\n2:43<br \/>\nSometimes the summons will show you the name of the court, OK.<br \/>\n2:46<br \/>\nThis is called the Court title.<br \/>\n2:49<br \/>\nAnd then just below that, you\u2019re going to have this section where it\u2019s kind of blocked off.<br \/>\n2:53<br \/>\nThe case number is on the right, the plaintiff is on the top, V stands for versus sometimes as VS period, and then you\u2019ve got the name of the defendant or defendant.<br \/>\n3:04<br \/>\nYou\u2019ll have to adjust it accordingly, and then, usually, courts require a notice of appearance separate from the actual motion. You can combine them together. I mean, I made them separately here.<br \/>\n3:16<br \/>\nSo, basically, you\u2019re saying, Hey, everybody, take notice I\u2019m making an appearance, but it\u2019s only for the special purpose of moving the court to dismiss the case.<br \/>\n3:25<br \/>\nYou see, that\u2019s the language here, that\u2019s all we\u2019re saying.<br \/>\n3:28<br \/>\nAll right, and then we have to date it.<br \/>\n3:30<br \/>\nAnd it\u2019s so important that you sign.<br \/>\n3:32<br \/>\nSomebody has to sign, it should be the defendants\u2019 signature, and sometimes you have to copy this down, like, I\u2019m going to do here.<br \/>\n3:40<br \/>\nIf there are, right, see that? If there are two defendants\u2019, you\u2019ll have to adjust that.<br \/>\n3:46<br \/>\nAnd if we scroll down, in Course, we could just, once we correct the caption the right way, we can actually copy that, and come down.<br \/>\n3:53<br \/>\nHere we copy on top of here, and abracadabra, we get ourselves a whole caption now, right.<br \/>\n3:59<br \/>\nAnd I, sometimes, I have to space this, so it doesn\u2019t put the signature line by itself, and on a single page. I like to mix them together.<br \/>\n4:05<br \/>\nSo you can do however you want, but I call it either a motion to dismiss, or sometimes I call it, a verified motion to dismiss.<br \/>\n4:13<br \/>\nIf you put verified motion to dismiss, you\u2019ll have to add a little verification in here, it says defendant.<br \/>\n4:26<br \/>\nNearby, verify the statements here in our made in good faith, and not for purposes of delay or arrest, or to earn necessarily.<br \/>\n4:46<br \/>\nIncrease the cost of litigation total BS.<br \/>\n4:52<br \/>\nThat\u2019s what it looks like. All right?<br \/>\n4:55<br \/>\nCan center it and all that stuff.<br \/>\n4:57<br \/>\nWe can bold, it, doesn\u2019t matter, OK?<br \/>\n5:01<br \/>\nHere\u2019s a generic legal argument: This one happened to be done, and I forget what state it was in.<br \/>\n5:08<br \/>\nSo, what I did here is, I pulled the rule and that from the rules of civil procedure in that particular state, I can\u2019t remember that requires documents alleged in the complaint to be included as exhibits. So, here\u2019s how we make this legal argument. This is my version of a legal argument.<br \/>\n5:24<br \/>\nI came to it many years ago after lots of research and I concluded that this was and it has been actually the most effective way to try to get a complaint dismissed.<br \/>\n5:34<br \/>\nNow, even if this motion is granted, which is unusual, even though it\u2019s properly going, it is probably written, is correct.<br \/>\n5:42<br \/>\nThe plaintiff will be given so much time to amend the Pleating now, sometimes you can win because sometimes the plaintiff won\u2019t amend the pleading and if that happens will then That\u2019s it, it\u2019s over, OK.<br \/>\n5:53<br \/>\nAll right.<br \/>\n5:54<br \/>\nWhat I\u2019m saying here is that I want the Court to dismiss the case because that complaint failed to state a cause of action or a claim on which relief can be granted.<br \/>\n6:08<br \/>\nIn other words, the court lacks the authority to grant any relief requested by the plaintiff.<br \/>\n6:14<br \/>\nBecause the pleating is insufficient, that\u2019s what you\u2019re saying here.<br \/>\n6:18<br \/>\nAnd then you have to tell him why, why is it insufficient?<br \/>\n6:21<br \/>\nWell, here\u2019s why.<br \/>\n6:24<br \/>\nThe exhibits that were attached to the complaint are not those that are alleged in the complaint.<br \/>\n6:30<br \/>\nNow, this, this argument has two parts.<br \/>\n6:33<br \/>\nSo I\u2019m saying that The exhibits, I give an example, credit card lawsuit, right?<br \/>\n6:37<br \/>\nWhen ever does Citibank include a copy of your credit card agreement with your signature on it, We don\u2019t do things that way today. They don\u2019t keep those kinds of records.<br \/>\n6:46<br \/>\nAll they have is an example version of a credit card agreement, and then they have the copies of your statements, And they think that\u2019s enough to establish an obligation, where there\u2019s no evidence of the expression of your will otherwise, right?<br \/>\n7:00<br \/>\nSo, if you don\u2019t know how to fight it, they\u2019re gonna go off pieces of paper and prove that you borrow the money, so to speak.<br \/>\n7:08<br \/>\nSo, what we\u2019re going to say in the very beginning, is, that these exhibits that are alleged in the complaint, like such as the credit card agreement, are not attached, Here\u2019s why.<br \/>\n7:17<br \/>\nEven if it has your signature on there, that\u2019s not the agreement that you signed Maybe it\u2019s a fabrication of it. Maybe it\u2019s a copy. Maybe it\u2019s true and correct, we don\u2019t know. We need a trial with testimony. We need cross-examine witnesses, right, The kids real expensive. We do this stuff the right way, but we\u2019re not going to have to do it the right way. The plaintiff doesn\u2019t have to proceed a certain way if you just don\u2019t argue these points, so it\u2019s important to bring this up. Is called due process, you have a right to be heard, right. The plaintiff has the burden of proof.<br \/>\n7:47<br \/>\nSo here\u2019s the second part of this.<br \/>\n7:48<br \/>\nNot only were the exhibit\u2019s alleged in the complaint, not the ones attached, OK, to demonstrate the allegations, the factual allegations.<br \/>\n8:00<br \/>\nThe actual exhibits tell a different story.<br \/>\n8:04<br \/>\nIt tells a different story.<br \/>\n8:06<br \/>\nIt tells that maybe somebody somewhere maybe borrowed some money, but that\u2019s not direct evidence showing you that it was the defendant yourself, that borrow the money, OK?<br \/>\n8:17<br \/>\nSo, that\u2019s the legal argument here, assuming that everything in the complaint is true, which is what you have to do here, when you file a motion to dismiss, everything has to be assumed as true. All the allegations have to be assumed to be true.<br \/>\n8:31<br \/>\nAnd then, you\u2019re simply saying, Taken them at face value.<br \/>\n8:35<br \/>\nStill, the exhibit\u2019s tell a different story.<br \/>\n8:37<br \/>\nSo, therefore, the allegations conflict with the Exhibits one and two the exhibit\u2019s attached are not those alleged in the complaint.<br \/>\n8:49<br \/>\nSee, two parts: It\u2019s all here.<br \/>\n8:54<br \/>\nAll right. So then legal memorandum basically is your authority. So here\u2019s the very basic you can do. You can go online and search for the rules of civil procedure for your state, you can find some case law, too, if you\u2019re inclined. And so what the case law, you\u2019re gonna find is under the key phrase, if you do Google searches, right, we don\u2019t do case law research today.<br \/>\n9:12<br \/>\nWe go to Google.<br \/>\n9:14<br \/>\nSo, you go on Google and you search on exhibits conflict with the pleating.<br \/>\n9:19<br \/>\nAll right, are versions of that phrase: exhibits conflict with the pleating, you should find some somewhere, some citations, or something from a legal journal, or whatever, or some lawyer published it.<br \/>\n9:32<br \/>\nAnd if not, so what don\u2019t stress over, because you\u2019re still making a legal argument, you don\u2019t really need a memorandum.<br \/>\n9:38<br \/>\nThe judges know, OK.<br \/>\n9:40<br \/>\nAnd I know we, we kinda should do this, but don\u2019t stress over here. So here\u2019s what I did. In this case, I didn\u2019t feel like looking for the actual case law. So I just found the rule. Now, if I wanted to, I could shepherdess the rule and I\u2019m not going to go into that, which jeopardize means.<br \/>\n9:55<br \/>\nBut I could find an annotation for the rule and find case citations that explain how this rule works if I wanted to.<br \/>\n10:04<br \/>\nAll right, so it says here in Rule 708, any pleading that refers to an exhibit has to include the exhibit, right?<br \/>\n10:17<br \/>\nSo I don\u2019t have to respond to it according to the rule if it\u2019s not attached. So I\u2019m gonna respond to it, and I\u2019m gonna say, I want it.<br \/>\n10:22<br \/>\nI want the case dismissed, right, Because the exhibits aren\u2019t there. And they also the ones they that they didn\u2019t include were conflicting with the allegations, right?<br \/>\n10:32<br \/>\nSo, all I did was cite this simple rule. And that\u2019s it. That\u2019s my legal authority. We call that a legal memorandum. And then over here is a legal argument.<br \/>\n10:42<br \/>\nIn here, you\u2019re saying the court doesn\u2019t have jurisdiction, so first paragraph, you\u2019re saying, Court doesn\u2019t have jurisdiction. Second paragraph, you\u2019re saying why? And third, you\u2019re saying, Here\u2019s my legal authority for telling you that.<br \/>\n10:51<br \/>\nAnd also, I\u2019m saying, Hey, look, I\u2019m gonna verify that I\u2019m not gonna, I\u2019m not writing this and filing it to cause delay.<br \/>\n10:57<br \/>\nWhich is total BS because that\u2019s what we\u2019re doing.<br \/>\n11:00<br \/>\nBut, hey, can I take things at face value, right?<br \/>\n11:04<br \/>\nAnd then we just ask for defense request an order dismissing the case And sign it.<br \/>\n11:09<br \/>\nThat\u2019s the most important thing if you don\u2019t sign this or it doesn\u2019t look like some scribble is on there, anything anybody can sign it OK? And your uncle Bob can sign up for you. It doesn\u2019t matter. Let\u2019s say you\u2019re out of town and you only have a few days to answer. You can have anybody in town print this thing up, edit it. You can edit it form on a computer somewhere. while you\u2019re on vacation, maybe in the e-mail back and you can have them printed out, you can sign your name and mail it. You\u2019re never going to challenge them, it\u2019s going to be accepted, right?<br \/>\n11:35<br \/>\nSo don\u2019t stress over that, either, But the date.<br \/>\n11:38<br \/>\nNo, and I tried to mail this first class mail, OK, Make sure the clerk of the court gets it.<br \/>\n11:45<br \/>\nAnd the attorney gets it. Now, this is the important thing to remember.<br \/>\n11:47<br \/>\nClerk of the court must get it, whether you walk it in there and mail it.<br \/>\n11:51<br \/>\nFirst: class mail is sufficient. You\u2019re not going to need to do certified.<br \/>\n11:55<br \/>\nIf you can sleep better at night, because you want to do certified, that\u2019s fine.<br \/>\n11:59<br \/>\nSpend some more money, that\u2019s fine.<br \/>\n12:02<br \/>\nDo it at least a few days before the time limit. Before your 20 days, don\u2019t go to the 20th day now. You can\u2019t answer a complaint late. You can be a month late. I\u2019m not going to teach you how to do that.<br \/>\n12:14<br \/>\nMaybe I\u2019ll do another video explaining what to do if you\u2019re in that situation, but don\u2019t try to be in that situation. All right?<br \/>\n12:20<br \/>\nSo the most important thing is you have to sign this thing, or it has to look like you sign it, because if you don\u2019t, the judge will strike it. He\u2019ll ignore it and you\u2019ll get a default.<br \/>\n12:28<br \/>\nSo, it\u2019s very important. So, here\u2019s the most important: that\u2019s just as important, that goes with this.<br \/>\n12:34<br \/>\nThere has to be a certificate of Service, meaning that you have to certify that you mailed it, That\u2019s what we\u2019re doing here with this page, too.<br \/>\n12:42<br \/>\nA Certificate of Service is actually pitch three certificate of service so you\u2019re saying I hereby certify that a true and correct copy, the foregoing was duly served upon the named plaintiff by its attorney for and through first class mail.<br \/>\n12:55<br \/>\nOK, it\u2019s not the law firm, do not name the law firm here, that is not an Attorney.<br \/>\n13:01<br \/>\nlaw firms, are not legally permitted to represent anyone in court.<br \/>\n13:05<br \/>\nIt\u2019s actually a crime for a law firm to represent anybody in court.<br \/>\n13:12<br \/>\nOnly an individual attorney can can represent someone, so you have to go look at the complaint, and see who\u2019s signed it.<br \/>\n13:19<br \/>\nThere will be an attorney, and if you disguised his name. So you can\u2019t figure it out. The name, the general partner of the law firm or Google, or something, or go look at the clerks records and see who the attorney of record is. It\u2019s an individual attorney.<br \/>\n13:32<br \/>\nAll right, his name has to go here. Her name has to go here.<br \/>\n13:35<br \/>\nAnd then his address or her address has to go here, and then it\u2019s on the date that you mail it, now that\u2019s the important date.<br \/>\n13:43<br \/>\nAll right?<br \/>\n13:44<br \/>\nSo put the date that you get a mail it that you think it\u2019s going to be postmarked for.<br \/>\n13:47<br \/>\nIf you if you put today\u2019s date and you postmarked for tomorrow, that\u2019s just fine.<br \/>\n13:53<br \/>\nYou can even go 2 or 3 days. No problem. Don\u2019t try to post Margaret for a week previous, though. I mean, don\u2019t date it and then postmark it a week later. It\u2019s not going to fly.<br \/>\n14:03<br \/>\nThat certificate has to be valid.<br \/>\n14:05<br \/>\nAnd if you do not initial it, it will not be as if you didn\u2019t include the certificate.<br \/>\n14:10<br \/>\nIf you don\u2019t include the certificate, you may as well just not do anything, because none of this will work, All right, and all ignore it and strike it in whatever. You won\u2019t even have a defense, and that\u2019s how important it is.<br \/>\n14:22<br \/>\nNow, I know that in courts, like California, California has its own answer form, you can use this form. I think there\u2019s some formal requirements for California pleadings, I mean, it needs lined paper. And stuff. I don\u2019t I\u2019m not going to show you that here. I mean, I\u2019m, I upload it later on, and it\u2019s the same process.<br \/>\n14:37<br \/>\nThe problem with California is you have to pay a substantial fee to file something.<br \/>\n14:41<br \/>\nSo, what I try to do is protect the individual that I\u2019m helping, without having to deal with the court, because it doesn\u2019t make sense to waste money in filing fees, unless you\u2019re gonna get a real substantial delay or something like that, or it\u2019s necessary, very few times it\u2019s necessary.<br \/>\n14:58<br \/>\nAll right. So this document, I\u2019m looking at the last page now.<br \/>\n15:01<br \/>\nYou see, here\u2019s an order. It\u2019s actually a proposed order. We\u2019re actually asking the judge to sign this. Now.<br \/>\n15:06<br \/>\nWe\u2019re going to have also make sure your captions corrected, your court title and your caption, the case number. Sometimes you don\u2019t see the case number. Sometimes you may call the clerk and ask.<br \/>\n15:16<br \/>\nIf not, that\u2019s OK. The clerk is not supposed to rejected if there\u2019s no case number on there.<br \/>\n15:22<br \/>\nAll right. Don\u2019t let him tell you that.<br \/>\n15:24<br \/>\nDon\u2019t let them tell you anything.<br \/>\n15:25<br \/>\nIn fact, if you filed the thing in person with the clerk, don\u2019t act like you\u2019re the defendant Walk in there and file it without acting like you\u2019re asking questions.<br \/>\n15:33<br \/>\nJust file it and say, have a nice day.<br \/>\n15:35<br \/>\nYou don\u2019t talk to the clerk about this.<br \/>\n15:37<br \/>\nIf the clerk tries to ask you anything, just say, I don\u2019t know I\u2019m the runner, Which means, basically, you\u2019re the delivery person, and the clerk will know what that means. And you don\u2019t have to do and just walk away. And the clerk will take it.<br \/>\n15:49<br \/>\nSo if you\u2019ll notice the language here. Basically, you\u2019re saying some formal stuff.<br \/>\n15:53<br \/>\nThe judge having been you know apprised of the facts hereby orders and the judges either grants it or he denies the motion, OK?<br \/>\n16:02<br \/>\nAnd He\u2019s gonna date it so you don\u2019t you don\u2019t do that. Here\u2019s a spot for the judge.<br \/>\n16:06<br \/>\nYou don\u2019t sign anything there make sure the your name and address are here and the attorney\u2019s name and addresses here all right the individualist hering not the law firm.<br \/>\n16:16<br \/>\nDon\u2019t even mention the law firm.<br \/>\n16:19<br \/>\nYou can slide this order in before the certificate of service. So so really you\u2019ve got the first page of your response is going to be this notice of appearance. Your second page is going to be verified motion.<br \/>\n16:29<br \/>\nIt\u2019s going to continue on your signature page, Page three, OK, then, your fourth page will be the certificate of service, and then you can have the last pages, the order. Now, you can reverse those two.<br \/>\n16:39<br \/>\nYou can put the order, and then the certificate of service, It doesn\u2019t matter, because the clerk is going to open the envelope, and scan into the computer. And I don\u2019t know what she does with the rest of it.<br \/>\n16:48<br \/>\nAnd who cares if you send it to the attorney all mixed up, by the way? So, it makes you feel better. You can mix it all up and send it to the attorney if you want.<br \/>\n16:56<br \/>\nDoesn\u2019t matter.<br \/>\n16:57<br \/>\nAll right.<br \/>\n16:58<br \/>\nSo, that\u2019s the idea, OK? So, what this does is it.<br \/>\n17:01<br \/>\nIt stops the proceeding, you actually non chord. You\u2019ve actually stopped the case now, a moving party. This is you.<br \/>\n17:09<br \/>\nWhen you file a motion to the court, you are already moving party.<br \/>\n17:13<br \/>\nIf there\u2019s a filing fee, make sure you\u2019ve paid it or get a waiver, sometimes, of course, your waiver, if you\u2019re willing to fill out an affidavit, you can ask for that.<br \/>\n17:21<br \/>\nIf it\u2019s 20 bucks, you know, it\u2019s up to you, 50 bucks. Maybe I\u2019ll let, Steve. I don\u2019t know.<br \/>\n17:27<br \/>\nYou decide.<br \/>\n17:28<br \/>\nI would always try for the waiver. I was recommending I don\u2019t care if you\u2019re rich. Always strive for the waiver.<br \/>\n17:33<br \/>\nTell the truth on the affidavits. Oh, by the way.<br \/>\n17:35<br \/>\nAll right. So that stops the case.<br \/>\n17:37<br \/>\nNow, I\u2019m moving party is really supposed to be the one that sets a hearing date.<br \/>\n17:43<br \/>\nbut don\u2019t.<br \/>\n17:44<br \/>\nDon\u2019t be a good soldier and try to do it the right way.<br \/>\n17:47<br \/>\nMake those idiots set the hearing date, so what will happen is because attorneys are not used to dealing with people that know how to respond.<br \/>\n17:55<br \/>\nThere\u2019ll be a motion to dismiss in response to the complaint, you know, have been filed timely, you know, within the time limits.<br \/>\n18:01<br \/>\nIt will show up and the clerks what\u2019s called a Darkening Sheet, which is a list of all the things that have been filed in the case.<br \/>\n18:07<br \/>\nAll right, that will stop the case from proceeding and then it\u2019s up to the attorney to figure out that she responded.<br \/>\n18:13<br \/>\nSo, hopefully he\u2019s following the case. If not, we\u2019ll then this thing, I\u2019ll sit there for months. I\u2019ve seen them sit there for months and months. So you just wait until the attorney sets a hearing.<br \/>\n18:22<br \/>\nHe\u2019s supposed to set a hearing if you don\u2019t.<br \/>\n18:26<br \/>\nSo you might get a hearing notice, They\u2019re supposed to co-ordinate the hearing date with you.<br \/>\n18:29<br \/>\nAnd they\u2019re supposed to give you at least three days, if not 10 or 20 days advance, notice of the hearing.<br \/>\n18:36<br \/>\nAlright. So maybe you might want to check with the clerk every week and see if something\u2019s been scheduled without you being noticed first. Right. Because sometimes the attorneys will schedule it, and they\u2019ll drop it in the mail that day before the hearing and you\u2019ll get it the day after the hearing.<br \/>\n18:49<br \/>\nAnd they hope you don\u2019t show up, because then your emotional get denied automatically.<br \/>\n18:53<br \/>\nIt\u2019s not a default situation, by the way, but I have seen some judges grant default on their own motion.<br \/>\n18:59<br \/>\nIf you don\u2019t go to the motion to dismiss hearings, sometimes you care, sometimes you don\u2019t, but that\u2019s not proper, so it\u2019s up to you. I mean, it depends on how important it is.<br \/>\n19:07<br \/>\nSo, I would plan on going to the hearing and, again, when you go to the hearing, find out who the attorney is.<br \/>\n19:13<br \/>\nAnd if he\u2019s not the same attorney that shows up at the hearing to argue the case, if he\u2019s not the same attorney that signed the pleading, Argue that the attorney has not filed a proper notice of appearance and he\u2019s not the attorney of record and make that argument first.<br \/>\n19:28<br \/>\nOK, and stick to that argument.<br \/>\n19:32<br \/>\nKeep pushing the judge, all right. Then you can move on to the motion, make your legal argument judge. I read this complaint carefully.<br \/>\n19:39<br \/>\nAnd for the life of me, I don\u2019t see where the exhibits alleged in the complaint are attached to these aren\u2019t the exhibits alleging the complaint. I didn\u2019t agree to these terms. Who would agree to these terms are nuts?<br \/>\n19:51<br \/>\nAll right, make your second argument saying furthermore, Your Honor, If you look at the face of the exhibits in the language and the exhibits those conflict with what\u2019s alleged in the pleading they tell a whole different story, Your Honor.<br \/>\n20:04<br \/>\nNow I don\u2019t know exactly what\u2019s your specific cases. I don\u2019t think you have to go too far into detail, but I want you to get a heads up a lead and that\u2019s how you make the argument. If you wanted to be more specific, you need to read your documents and come up with something.<br \/>\n20:17<br \/>\nI\u2019m sorry, I can\u2019t tell you, because I don\u2019t now have your case in front of me.<br \/>\n20:21<br \/>\nBut this is what you do, Right?<br \/>\n20:23<br \/>\nAnd you just, you make the argument now, remember this when you go to the hearing do not discuss anything but this motion. Do not talk about whether or not you had the account. If you made any payments, if you bought stuff with the credit card or whatever, do not discuss it if the if the judge wants to ask you those questions said, well, Your Honor. I\u2019m not prepared to talk about the merits of the case today. I wasn\u2019t noticed that we\u2019re going to do that. This is a motion hearing on my motion to dismiss, and if you want to discuss the merits of the case, then I\u2019m more than happy to set a pretrial conference or a trial.<br \/>\n20:57<br \/>\nAnd let\u2019s complete discovery first, and that\u2019s what you tell them.<br \/>\n21:01<br \/>\nAnd he knows you\u2019ll be correct in any state, you\u2019ll be correct.<br \/>\n21:05<br \/>\nAnd that\u2019s it. And then you ask him for a ruling.<br \/>\n21:07<br \/>\nAnd if he, if he does some wishy washy thing like, I\u2019ll take it under advisement, Say, Your honor, with all due respect, why not just make a ruling now? What do you think?<br \/>\n21:18<br \/>\nShould you give the plaintiff a chance to amend the pleating and grant my emotion, or should you just deny my motion and give me 20 days to file a written answer?<br \/>\n21:28<br \/>\nAnd that\u2019s it.<br \/>\n21:29<br \/>\nJust stand there and look at them, or her, whatever.<br \/>\n21:32<br \/>\nSee if you can get them to commit.<br \/>\n21:34<br \/>\nAll right.<br \/>\n21:35<br \/>\nThat\u2019s, that\u2019s fair.<br \/>\n21:36<br \/>\nSo that\u2019s the nuts and bolts of it. Don\u2019t be scared. It\u2019s a piece of paper with words on it. All you care about is what they can do with that piece of paper because eventually they can get permission from the judge to levy your property.<br \/>\n21:48<br \/>\nSo, what you want to do is with this motion to dismiss, it might add 90, 180 days to the case where you can get your affairs in order so that you can move properly and things like that and don\u2019t be scared about being accused of a fraudulent conveyance That\u2019s never happened that I\u2019ve ever seen.<br \/>\n22:04<br \/>\nI\u2019ve seen thousands of cases, no one ever does that, and by the way, it\u2019s not a fraudulent conveyance. So, try and re-organize how you do your banking. If you have an interest in real estate, you can protect it with equity stripping or getting over the title, the Care Fund, you know, those 2, 2 different different options.<br \/>\n22:21<br \/>\nThere\u2019s some things to consider like homestead exemption and things like that.<br \/>\n22:25<br \/>\nAlso, your mortgage terms, so just be careful about that.<br \/>\n22:28<br \/>\nBut anyways, that\u2019s the idea.<br \/>\n22:31<br \/>\nYou want to not be afraid, you want to hit him right between the eyes with a really good argument, has some teeth, It\u2019s very logical, it\u2019s very reasonable.<br \/>\n22:42<br \/>\nAnd see what happens, right? And then, don\u2019t care. Don\u2019t care what happens if you still need more time. If the motion is denied or whatever, then file an answer and make the same argument and make it as an affirmative defense. So in your answer, and we\u2019ll talk about this later, in your answer, you would just deny each and every allegation. You say, As to this allegation, I deny it, and so forth.<br \/>\n23:04<br \/>\nAnd then, in another section of the answer, you have it called the affirmative defenses, and then you express your defense and you basically, I would copy and paste this right here.<br \/>\n23:16<br \/>\nAll right here, write my legal memo and my legal argument that goes in my affirmative defense, if I have to file an answer wildlife final answer. I also began discovery. I\u2019m not going to get into that right now.<br \/>\n23:31<br \/>\nThere\u2019s a strategy. I\u2019ll I\u2019ll outline it for you in another video.<br \/>\n23:35<br \/>\nAll right, So there you go now. You\u2019re an expert.<\/p>\n        <\/div>\r\n    <\/div>\r\n\r\n    \r\n<\/div>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-5e65ab4 elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"5e65ab4\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-a378fb7\" data-id=\"a378fb7\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-b09bea9 elementor-widget elementor-widget-spacer\" data-id=\"b09bea9\" data-element_type=\"widget\" data-widget_type=\"spacer.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t<div class=\"elementor-spacer\">\n\t\t\t<div class=\"elementor-spacer-inner\"><\/div>\n\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-fba63bd elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"fba63bd\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-00df2e9\" data-id=\"00df2e9\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t<div class=\"elementor-element elementor-element-dbf7ca4 elementor-widget elementor-widget-text-editor\" data-id=\"dbf7ca4\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<p><strong>Summary<\/strong><\/p><p style=\"padding-left: 40px;\">1. John Jay discusses the basics of responding to a lawsuit, especially for individuals who have been sued, either personally or in connection with a company.<br \/>2. He emphasizes that upon receiving a lawsuit, an individual typically has between 20 to 60 days to respond, starting the day after being served.<br \/>3. Jay suggests that one way to buy time when uncertain or unprotected is to move the court to dismiss the case, rather than answering the allegations.<br \/>4. When moving to dismiss, the individual is asking the court to dismiss the case on the grounds that the case lacks substance or the court lacks authority to grant the relief requested by the plaintiff.<br \/>5. Jay explains the court documents and how to correct the caption and the court title. He insists on the importance of signing the document and mailing it to both the court clerk and the attorney.<br \/>6. He discusses how to construct a legal argument, emphasizing that it should clearly state why the lawsuit is insufficient.<br \/>7. Jay stresses the importance of service, indicating that the documents must be sent by first-class mail, and a certificate of service should be included to confirm that the documents were duly served.<br \/>8. The legal argument made should revolve around the fact that the exhibits attached to the complaint do not align with the allegations made in the complaint.<br \/>9. He recommends not scheduling the hearing date oneself, but letting the other party do it. It is crucial to check with the court clerk regularly to see if a hearing has been scheduled.<br \/>10. During the hearing, the focus should be on the motion to dismiss and the inconsistencies in the complaint and its exhibits, without delving into the specifics of the alleged case.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<section class=\"elementor-section elementor-top-section elementor-element elementor-element-24fb8bf elementor-section-boxed elementor-section-height-default elementor-section-height-default\" data-id=\"24fb8bf\" data-element_type=\"section\">\n\t\t\t\t\t\t<div class=\"elementor-container elementor-column-gap-default\">\n\t\t\t\t\t<div class=\"elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-82b1016\" data-id=\"82b1016\" data-element_type=\"column\">\n\t\t\t<div class=\"elementor-widget-wrap elementor-element-populated\">\n\t\t\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>P16 &#8211; How to Respond to Lawsuits<\/p>\n","protected":false},"author":131,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[124],"tags":[],"_links":{"self":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts\/6854"}],"collection":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/users\/131"}],"replies":[{"embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/comments?post=6854"}],"version-history":[{"count":10,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts\/6854\/revisions"}],"predecessor-version":[{"id":24970,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/posts\/6854\/revisions\/24970"}],"wp:attachment":[{"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/media?parent=6854"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/categories?post=6854"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/privacyfight.io\/wp-json\/wp\/v2\/tags?post=6854"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}