Served Discovery Demand 45 days ago still no reply

[Brillianthoney]

I served defendant's first discovery demand on Nov 22 along with my answer to summons per Recovering Attorney's advice.

Called courthouse today to check on the status of the case, was told it had been re-assigned and there was no court date yet. I was also told that only one document had been filed, an answer with attachments. The person on phone did some checking and saw the attachments were my discovery demands and certificate of service. Is this why the lawyer hasn't replied yet?

I have checked florida civil procedure and cannot find an exact time limit for answering discovery demands under the term discovery but did find the person filing the claim has 30 days to answer interrogatives. Is that the same thing? What is my next step?

[Leadhead]

It's not uncommon to get "jerked around" trying to get discovery answered. This happened to me a while back.

Send the attorney a reminder that the discovery is due. Give them 10 days or so. Advise them if they don't comply, you'll be forced to file a Motion to Compel Discovery.

[Recovering Attorney]

You have to show " good faith" attempts to get the answers, which means writing and/or calling the attorney. Write them a letter, remind them they haven't sent you answers within the time allowed. Ask them to send t hem to you in a week. Wait 10 days, then send another letter telling them you will move for preclusion if you do not get the answers within 15 days. Then prepare your motion.

There are many reasons why you haven't received them. Clients are unresponsive, lawyers get busy or distracted, your file gets put aside for today's emergency. Nothing unusual. But to succeed on a motion, you need to buid a record of trying, and that is going to take some effort and a little time.

[Brillianthoney]

A. Asset still hasn't answered my discovery demands, so how do I prepare a motion for preclusion?

Meanwhile they did send me a packet full of their own requests for discovery.

B. PLAINTIFF'S REOUEST FOR ADMISSIONS TO DEFENDANT

demands that Defendant, admits or denies the truth of the following statements within thirty (30) days from the

1.That this is an action for damages that is within the courts jurisdiction,

exclusive of interest, court costs and attorney's fees.

2.That the Defendant is a resident of Volusia County, Florida.

3.That the terms of the Providian Credit Card agreement and application

Attached in the Plaintiff's complaint governs the relationship between Defendant, and Providian with respect to merchandise and services

purchased on the Providian credit card account that is the subject of Plaintiff's Complaint.

4.That Defendant opened a Providian credit card account with Providian on

August 28, 1996 account # .

5.That the Defendant used the Providian credit card account that is the

subject of Plaintiff's Complaint to purchase merchandise and services.

6.That Defendant received credit card services from Providian.

8. That as a result of the Defendant's action, the Plaintiff has been damaged.

9.That Defendant failed to make payment on the account that is the subject of Plaintiff's Complaint since July 30, 2001.

10.That Defendant received statements from Providian reflecting the balance due on the account that is the subject of Plaintiff's Complaint.

11.That Defendant failed to object to statements itemizing purchases and

reflecting the balance due on the account that is the subject of Plaintiff's Complaint.

I plan to answer all but number 2 with Defendant has insufficient knowledge and lacks proof thereof. Is that a good strategy?

C. PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT the following documents within thirty (30) days of service of this Request.

ITEMS TO BE PRODUCED

1. Any and all documents relating to the indebtedness that is the subject

matter of Plaintiff's Complaint.

2. Any and all documents relating to any set-offs, counterclaims or

complaints regarding the credit card purchases and cash advances that are the subject

matter of Plaintiff's Complaint.

3. Any and all documents you intend to offer or proffer into evidence in this cause.

4. Any and all credit applications and guarantees submitted or delivered to

Providian by Defendant.

5. Any and all correspondence mailed by Defendant to Providian or Plaintiff indicating any dispute as to the account that is the subject matter of Plaintiff's Complaint.

6. Any and all bills or statements received by Defendant itemizing purchases made and balance due on the account that is the subject matter of Plaintiff's Complaint.

7. Any and all documents evidencing payments made by Defendant on the

account that is the subject matter of Plaintiff's Complaint including bank statements reflecting the checks that were given as settlement in full were cashed.

8. Any and all documents forwarded by Defendant to Providian or regarding the Defendant's Providian account.

I have a default notice stating that only I owe only $2100 not the $8000 the account defaulted for or the amount Asset is suing for. But does denying all of the admissions in A above make me unable to use this notice? It is the only evidence I have to force them to account for the amount they claim I owe or encourage them to settle. How do I answer?

D. NOTICE OF SERVICE OF PLAINTIFF'S INTERROGATORIES TO DEFENDANT numbered 1 through 12, to be answered in writing, under oath, or objected to within thirty (30) days of the date herein.

I definitely want to object to these. No way do I want to give them my bank account numbers, social security number, etc. So how do I answer?

FIRST SET OF INTERROGATORIES TO DEFENDANT

1. Please state your full name, social security number, date of birth, current home

street address, home telephone number, place of employment, address of place of employment, telephone number at place of employment, and position held at place of employment.

2. Set forth the full name, street address and telephone number of each and every individual who has knowledge, or claims to have knowledge, concerning the allegations contained Plaintiff's Complaint or any defenses or counterclaims thereto, and set forth the information held by each individual.

3. Set forth the full name, street address and telephone number of each and every

individual you intend to call to testify at trial in this cause.

4. Identify by name and location each and every document that you intend to offer or

proffer into evidence in this cause.

5. Please state whether Defendant purchased goods and services on the Pro vi di a1 credit card account that is the subject matter of Plaintiff's complaint.

6. Please state whether Defendant made any payments on the account that is the

subject matter of Plaintiff's complaint. If yes, state the number of payments and the amount of eac~ payment. Attach any evidence of payment that supports your statements made herein.

7. Please state whether Defendant received statements, bills, invoices or dunning notices requesting payment on the account that is the subject matter of Plaintiff's complaint.

8. Please state whether Defendant disputed the charges submitted by Providian for purchases made on the account that is the subject matter of Plaintiff's complaint. If in writing, please attach all documentation.

a)If yes, please state the name of Defendant and/or the representative of Defendant who communicated the dispute, the representative of Providian and lor AA LLC to whom the dispute was communicated, and the dates on which the dispute was communicated.

9.Identify by name and location each and every document forwarded to Providian objecting to any of the charges, or advising the Plaintiff and/or Providian of any set-offs.

10. State the full name of each and every person who you believe acted on behalf of the Plaintiff with which the Defendant had any contact regarding the subject matter of Plaintiff's claim or any defenses, set-offs or counterclaims you have thereto.

11.Set forth the factual basis for each and every defense and/or counterclaim you assert against Plaintiff's claim.

12. Please state the name and address of each banking institution at which you have held any account over the past ten years, the types of accounts held at each institution and the beginning and ending dates you held the account.

[CRDTNogood]

Did you serve the discovery ON the attorney or just the court? You need to make sure it goes to the attorney just like your answer to the suit.

[Brillianthoney]

Yes. I sent the discovery by certified mail return signature requested.

[Brillianthoney]

1. That this is an action for damages that is within the courts jurisdiction,

exclusive of interest, court costs and attorney's fees.

ANSWER:

Defendant objects to Plaintiff's admissions to the extent that it calls for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

2. That the Defendant is a resident of Volusia County, Florida.

ANSWER:

Admits.

3. That the terms of the Providian Credit Card agreement and application Attached in the Plaintiff's complaint governs the relationship between Defendant, and Providian with respect to merchandise and services purchased on the Providian credit card account that is the subject of Plaintiff's Complaint.

ANSWER:

Due to the compound form of request for admissions #3, Defendant can neither admit nor deny, so hereby denies same and requires strict proof thereof.

4. That Defendant opened a Providian credit card account with Providian on August 28, 1996 account # .

ANSWER:

Defendant did open a Providian credit card. Defendant objects to remainder of the admission and can neither admit nor deny, so hereby denies same and requires strict proof thereof.

5. That the Defendant used the Providian credit card account that is the subject of Plaintiff's Complaint to purchase merchandise and services.

ANSWER:

Defendant objects to Plaintiff's admission to the extent that they call for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

6. That Defendant received credit card services from Providian.

ANSWER:

Defendant objects to Plaintiff's admission to the extent that they call for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

8. That as a result of the Defendant's action, the Plaintiff has been damaged.

ANSWER:

Defendant objects to Plaintiff's admission to the extent that they call for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

9. That Defendant failed to make payment on the account that is the subject of Plaintiff's Complaint since July 30, 2001.

ANSWER:

Defendant objects to Plaintiff's admission to the extent that it calls for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

10. That Defendant received statements from Providian reflecting the balance due on the account that is the subject of Plaintiff's Complaint.

ANSWER:

Defendant objects to Plaintiff's admission to the extent that it calls for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

11. That Defendant failed to object to statements itemizing purchases and reflecting the balance due on the account that is the subject of Plaintiff's Complaint.

ANSWER:

Defendant objects to Plaintiff's admission to the extent that it calls for the disclosure of mental impressions, conclusions, opinions, or legal theories of any attorney or any other representative of a party concerning this litigation as such materials are exempt from discovery.

[c m chase]

Might wanna edit out that account number.