What is "Case Management Review"?

[cana]

What is the name of your state? CA

I owe Discover $9,000. I only have $1,000 in my pocketbook and can't raise any money at this point.

DIscover hired the law firm Eskanos & Adler. Today they served soemthing called "NOtice of Case Management Review".

It basically said they will "Review" my case on January 2006 in a courtroom, and I did not have to attend.

I know what a summon looks like, because I was served a summon from another attorney-collector last year for another debt (which I was able to negotiate, paying 1/12 each month). This was not the one.

What's a case management review? Also, at this point I still have $20,000+ debt remaining including the above. Is it the right time for me to throw the towel before the bk law change takes effect?

[I AM ALWAYS LIABLE]

Originally Posted by cana

What is the name of your state? CA

I owe Discover $9,000. I only have $1,000 in my pocketbook and can't raise any money at this point.

DIscover hired the law firm Eskanos & Adler. Today they served soemthing called "NOtice of Case Management Review".

It basically said they will "Review" my case on January 2006 in a courtroom, and I did not have to attend.

I know what a summon looks like, because I was served a summon from another attorney-collector last year for another debt (which I was able to negotiate, paying 1/12 each month). This was not the one.

What's a case management review? Also, at this point I still have $20,000+ debt remaining including the above. Is it the right time for me to throw the towel before the bk law change takes effect?

My response:

When you quote something, you need to make sure you're quoting correctly. It's called a "NOTICE OF CASE MANAGEMENT CONFERENCE", not "REVIEW".

The law firm is placing you on notice of the hearing, which they are supposed to do, at least 45 days prior to the hearing. You are then required to fill out, serve and file form CM-110 (Case Management Conference Statement). This form tells the court what's going on with the case; i.e., where it's at at a certain point in time.

However, if you're asking this question, then you're lost and shouldn't be defending this case. Simply stated, you don't know what you're doing.

What "discovery" have you accomplished at this time?

IAAL

[cana]

>The law firm is placing you on notice of the hearing, which they are supposed to do, at least 45 days prior to the hearing. You are then required to fill out, serve and file form CM-110 (Case Management Conference Statement). This form tells the court what's going on with the case; i.e., where it's at at a certain point in time.

>However, if you're asking this question, then you're lost and shouldn't be defending this case. Simply stated, you don't know what you're doing.

The notice said "Case Management Review", not "Conference".

I have not actually done anything yet. I have a separate counsel who is handling my affairs. But I just want to know what this is about, so I could make a decision.

This is a serious question; if my fight for the last 20 months were in vain and they are going to win, there is simply no more incentive for me to fight the inevitable.

[I AM ALWAYS LIABLE]

Originally Posted by cana

>

If I am lost, should I throw the towel?

My response:

Yes. Look, I'm not going to argue with you, but you're headed for a brick wall. I know Eskanos & Adler, and they are an excellent law firm. They will bury you.

So, to answer your latest question, you may as well throw in the towel. You're going to lose anyway. And, besides, the more billable hours they "clock", the more you're eventually going to pay.

Call them and negotiate a payment schedule. They will want you to sign a "Confession of Judgment" before they agree to anything. Sign it, and keep up with the payment schedule.

IAAL

[cana]

OK. That answers my question. I will negotiate a payment schedule asap. If their terms are beyond my ability to pay, I will have to throw the towel this time.

Thank you.