Yes, do I call lawyer and tell them I never received any interrogatories in the mail to answer or do I file with the court. If it is with the court, I am not sure what form I would use or the wording. The law office mailed me a letter last week saying the motion to compel was granted and I have 30 days from Oct to answer. Thanks for all the help. By the way this is Velocity Investments
I am surprised that the motion was granted considering it was not served on you unless them mailed that out too. I am not sure of the process (whether you need to file on the motion that has already been granted or you need to file a new motion) but you need to inform the court that you are not receiving the documents that the plaintiff is claiming that they sent you.
Well...TENTATIVE good news on ONE case...got request for dismissal on one case (without prejudice of course) so called clerks office because it is not online yet...it says they filed by fax but signed 10-13 but clerks office does not have it....it did not have proof of service like all other forms they sent me but just want to.make sure that they cannot send me this unless they sent to court etc right??? so just checking since it makes me nervous tht the courts dont have it since it said file by fax and it was nearly a week ago
Looks like you have some time to file your answer. 30 days from the date of service. Your mom can use General Denial PLD-050 if the complaint is unverified.
I know you wrote your mom doesn't want to visit an attorney, but I would strongly suggest you call a consumer attorney if this action was filed after the SOL. It's a violation of federal law to do so. You don't need an attorney to assert the affirmative defense, but you can counter sue for $1000 and an attorney could help with that. At least speak to the phone and get an idea of what that would look like, it may not involve much if any work/visits on you and your mom's part.
Thanks for your response @BackFromTheDebt
My mom doesn't want to visit any attorneys. I was hoping I can just deal with them on her behalf and maybe get her case dismissed like a handful of people on this sight. Any advice on how to go about it? Would I still send out my BOP and file a general denial?