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-   -   Motion To Strike Admissions (https://www.askmehelpdesk.com/showthread.php?t=697683)

  • Aug 28, 2012, 01:02 PM
    bigchuck
    Motion To Strike Admissions
    The Plaintiff's Motion to Strike My Answers to Admissions was DENIED by the Judge.
    Question:
    Does that mean that the Judge's Ruling is Final and the Plaintiff cannot later try to Make Another Motion to Strike before a different Judge?
  • Aug 28, 2012, 01:23 PM
    JudyKayTee
    Quote:

    Originally Posted by bigchuck View Post
    The Plaintiff's Motion to Strike My Answers to Admissions was DENIED by the Judge.
    Question:
    Does that mean that the Judge's Ruling is Final and the Plaintiff cannot later try to Make Another Motion to Strike before a different Judge?


    Where? What type of case?
  • Aug 28, 2012, 04:00 PM
    bigchuck
    It is a Debt case where an atty for Junk Debt Buyer tried to STRIKE My Answers to admissions. If I understand correctly if he succeeded in doing so, then all those stricken admissions would become admissions. You see he is delinquent on Interrogatories and Production Docs and has been ORDERED per my Motion to Compel. It is most apparent that he does not have any further documentation to add and was hoping to prove his case via striking my admissions... my perspective. So my question is now that his motion to strike was denied... I assume that door is closed meaning my admissions stand... and he cannot try further to strike them?
  • Aug 28, 2012, 04:03 PM
    Fr_Chuck
    If they lose the case ( since if they win, they don't care) but if they lose, they can appeal on various grounds that the prior judge or something about the case was done incorrectly.

    They can appeal that this evidence should not have been allowed in, due to the law a.nd that the judge ruled incorrectly

    But why not get this case over with first then worry about appeals
  • Aug 28, 2012, 04:09 PM
    bigchuck
    I am not worrying about appeals. I am now awaiting Interrogatories and Production and preparing for other possibilities. Frankly I am surprised he is hanging in there... He told the Judge that he doubts he could provide anything additional as the debt was sold orifinally and his client was the 2nd buyer... You know like that is an excuse he cannot prove ownership and standing and show chain of ownership or even any details about the debt. We will see how this plays out... All I can do is stay alert and be prepared...
  • Aug 28, 2012, 04:19 PM
    JudyKayTee
    Quote:

    Originally Posted by bigchuck View Post
    I am not worrying about appeals. I am now awaiting Interrogatories and Production and preparing for other possibilities. Frankly I am surprised he is hanging in there... He told the Judge that he doubts he could provide anything additional as the debt was sold orifinally and his client was the 2nd buyer....You know like that is an excuse he cannot prove ownership and standing and show chain of ownership or even any details about the debt. We will see how this plays out....All I can do is stay alert and be prepared.....


    Do you owe the debt?

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