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Lawyer admitted they don't have evidence


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2 Weeks ago I filed a motion to compel, today I received a message on my home phone from the JDB lawyer stating that the reason that I have received my documents requested in discovery is because they are waiting to receive them from their client. It has been 47 days since they received the discovery request and JDB claims that they have owned the debt since September of 2007. If they don't have it by now I don't think they will ever get it.

I find this very interesting because if we go to trail than they don't have any evidence...

So I called and spoke with the lawyer and he stated that "were not concerned about my motion because they will prove there case during discovery, so I should expect to receive some requests in the mail tommorow. But the funny part of the whole case is that I really don't know anything about the alleged debt so I don't have any information to send, and thanks to the great thread with motions and answers I have already prepared my answers.

Any advice on my next move?:confused:

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What happened to your motion to compel? Granted? Hearing date set? Time limit set? What do your RCP say about discovery, any time limits in there? Maybe check the calander for your case. If it's been in awhile you can request a motion hearing on it if there's been no word on it.

Once it's been a stupidly long time and/or over any limits imposed by the court or RCP, I'd file for summery judgment.

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What happened to your motion to compel? Granted? Hearing date set? Time limit set? What do your RCP say about discovery, any time limits in there? Maybe check the calander for your case. If it's been in awhile you can request a motion hearing on it if there's been no word on it.

Once it's been a stupidly long time and/or over any limits imposed by the court or RCP, I'd file for summery judgment.

The lawyer for the JDB objected to the motion to compel, I had to submit a response to their objection, I did and I am waiting for the judges decision.

A hearing has been set for the end of April. But it is for their motion to dismiss my counter claim.

I need to submit for a motion hearing...:wink:

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If the case is dismissed then it could be re-filed if it is dismissed without prejudice.

If it is adjudicated through summery judgment then it is as final as if dismissed with prejudice, plus you have a court saying you don't owe it.

Kind of makes it hard to resell.

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I'm in s similar situation. But, my lawyer filed and objection to the complaint. The court gave the plantif 90 days to produce the evidence and refile the complaint. So far its 66 days and counting. My laywer tell me that they NEVER refile. If they had the documents, they would have produced them for the initial complaint.

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