Post Adversary Hearing and Trial Questions - HELP PLEASE

[Davidca]

Post Adversary Hearing and Pre-Trial Questions

What is the name of your state? California

So, all my debt has been dissolved EXCEPT for one credit card company who is disputing about $4000 in cash advances I made 4 months prior to my declaring chapter 7. I said in my reply that the attorney was just trying to extend the 2 month rule. He wants a trial. I am not an attorney, nor do I have one, nor can I afford one. I want to make this trial difficult for them. My questions are...

1) Can I insist on a jury trial (which I assume will be expensive for them)?
2) Do I have to answer their discovery questions (or will the 5th amendment protect me there) which I know will soon be coming in the mail?
3) If I refuse to answer their questions in trial and the judge says that due to that I look guilty (though obviously based on nothing since I havent said anything) and rules against me, will an appeal based on him not respecting my 5th amendment rights, hold up?


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[Ladynred]

1) Can I insist on a jury trial (which I assume will be expensive for them)?

Yes, but if you lose, the cost is going to be on YOUR head.

2) Do I have to answer their discovery questions (or will the 5th amendment protect me there) which I know will soon be coming in the mail?

Yes, you have to answer the Discovery questions, but there can be many ways to answer them. This is not a criminal trial, I don't think pleading the 5th is going to get you anywhere - just makes you sound guilty.

3 - If you refuse to answer, the other attorney will file a Motion to Compel to MAKE you answer.

You don't want a long drawn-out trial here, the cost will be on YOUR head if you lose and going against these guys pro se is the worst thing you could do.

Do you have ANY evidence of where the $4000 went ?
Proving fraud of this kind is NOT that easy to do.