agencykiller Posted April 18, 2008 Report Share Posted April 18, 2008 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? Link to comment Share on other sites More sharing options...
agencykiller Posted April 18, 2008 Author Report Share Posted April 18, 2008 Sorry about the tying errors:mrgreen: Link to comment Share on other sites More sharing options...
montanatim Posted April 18, 2008 Report Share Posted April 18, 2008 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. Link to comment Share on other sites More sharing options...
agencykiller Posted April 19, 2008 Author Report Share Posted April 19, 2008 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... Link to comment Share on other sites More sharing options...
montanatim Posted April 19, 2008 Report Share Posted April 19, 2008 Souds like your on top of it. Link to comment Share on other sites More sharing options...
merrybucks Posted April 19, 2008 Report Share Posted April 19, 2008 Why not file an MSJ, since they don't want to provide any evidence. An MSJ should get their attention. They would then either provide the documents or move to dismiss. Link to comment Share on other sites More sharing options...
agencykiller Posted April 20, 2008 Author Report Share Posted April 20, 2008 I don't know what case law to include in my summary judgement? Link to comment Share on other sites More sharing options...
montanatim Posted April 20, 2008 Report Share Posted April 20, 2008 Cite the RCP allowing for MSJ, If they have submitted no evidence. All the MSJ is doing is asking the court to make it's decision based on the evidence in hand and what's in the complaint and answer. Link to comment Share on other sites More sharing options...
agencykiller Posted April 21, 2008 Author Report Share Posted April 21, 2008 What is the differance between filing a motion to dismiss with prejudice? Link to comment Share on other sites More sharing options...
montanatim Posted April 21, 2008 Report Share Posted April 21, 2008 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. Link to comment Share on other sites More sharing options...
merrybucks Posted April 21, 2008 Report Share Posted April 21, 2008 In your filing for a MSJ state all the facts and ask the court to make a judgment in your behalf. Ask that the plantiff be responsible for all your court costs. Link to comment Share on other sites More sharing options...
Scouse Posted April 24, 2008 Report Share Posted April 24, 2008 ; Link to comment Share on other sites More sharing options...
Stacy1 Posted April 24, 2008 Report Share Posted April 24, 2008 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. Link to comment Share on other sites More sharing options...
wiseguy Posted April 24, 2008 Report Share Posted April 24, 2008 I hear "DISCOVERY" mention in this forum here an there ,but have no clue what it is ? sorry this is not related Link to comment Share on other sites More sharing options...
jasen Posted April 24, 2008 Report Share Posted April 24, 2008 Discovery is the part of a lawsuit where both sides request documentation or information from each other to prove or disprove different things. Link to comment Share on other sites More sharing options...
merrybucks Posted April 24, 2008 Report Share Posted April 24, 2008 ;Permission from the court to take action that would otherwise not be permissable. Link to comment Share on other sites More sharing options...
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