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PLTFS MOTION TO STRIKE DEFTS COUNTERCLAIM AGAINST AMERICAN EXPRESS

Community Self Defense Q&A › Category: General Comments › PLTFS MOTION TO STRIKE DEFTS COUNTERCLAIM AGAINST AMERICAN EXPRESS

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Kim Webb asked 2 months ago

Hi Brian, what is this and do you have information on how to respond to this? I did not get notified i found it by looking on the municpial courts website and there is not a PDF attached, should I be notified? Also I noticed by looking at other court cases where the defendant has submitted their answer involving AE that they all go to mediation after the first court hearing date why would the judge rule on mediation? do you have letters/videos I can search for what i need to do next, Thanks

4 Answers

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Brian Parker Staff answered 2 months ago

Until you are served you are not required to Answer anything. Check to see if a Hearing date is set then contact the other side to announce that you have not received any notice of this.

Kim Webb replied 2 months ago

I have a pre hearing date set for may 9th, But Zwicker sent a MOTION TO STRIKE DEFTS COUNTERCLAIM AGAINST A/E I was asking should I be notified of this new Motion? And how to respond since I was never informed of this new motion?

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Brian Parker Staff answered 2 months ago

Yes you should. Two options. Answer it just go to the pre-trial as scheduled and advise the court (when they bring it up) that you were not notified. Also a chance for you to play dumb and ask the court, are lawyers allowed to file things without notifying the other side in a way that chastises the other attorney. Your call to make but see if you can provide a dig that helps you and makes the court away how they are steamrolling over you. " I just want them to follow the rules, your honor." See my video on appearing in court for the first time too. Hope that helps. Good luck.

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Brian Parker Staff answered 1 month ago

You got rooked and that was probably a fib. No show of a defendant (as a lot of sumons or pre-trial notices state) would mean a default for you. However, if they don't show and it is just their motion, no default unless a pre-trial. Judge turning their absence on you: Total BS. Remind the court at your next appearance on the record of the time and energy they wasted of both you and the court. Bring the court on your side against Amex is one approach.

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Kim Webb answered 1 month ago

Hi Brian, Well I had my pre-trial today and Zwicker's Attorny never showed up. Zwickers motion to strike my counter claim was never served to me so judge say Ill get you a copy and told me to answer it Do you have anything on how to answer a motion to strike? Then Judge set a new pre trial date, I asked him what would happen to me if I didnt show up, he said I'd give you another chance and a new pre trial date. Really!!?? He also asked if I reached out to AE/Zwicker and I said no. judge is pushing me to settle. Im not sure how to do that do I just call them? Thanks