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Last month i had gone to court Vs. Harris and Zide, they didn't show and the judge set up a date of Nov.7th. I have received 3 papers from them since then

1. Verification (proof of service) it resembles my summons alot..not sure what to do..

2. Motion Compelling Responses to Interrogatories ( it says this on the bottom of all the papers. It also says" Attorney for Plaintiff FIA Serv. N.A intends to submit on their moving papers without appearing if there is no opposition filed in the above captioned matter" being them vs. me...should i worry? &

3.Again, Verification but now they have some old B of A Statements with my name and a generic contract not signed or anything gets.... ANY Ones input would help me SOO much..Thanks :confused:

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Did they previously serve you with interrogatories? If they've sent you a "motion to compel" you need to determine the hearing date on that motion ASAP so that you can timely respond. Have they sent requests for admission? it sounds as if the "verification" document you described might be that?

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You Were right.. one of the 'Verifications' is Request for Admission..so what is the best way to asnwer this?i have 30 days and i think i have a few days to answer this...yikes..its says "'form interrogatories'"

the other stack says 'motion compelling response ti interrogatories'

In not sure about 'Motion to Compel'....the other 'Verification' is like a "contract" and some old statements from 06. Thanks !!!!!

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Well, when a document is attached to a request for admissions, they're usually asking you to verify the genuineness of the document. I'm concerned that they've also served a "motion to compel" -- what exactly are they seeking to compel? such a motion is usually filed after the time to respond to their discovery requests has lapsed. You need to make sure a motion has not been scheduled already.

Responses to the discovery requests are due within 30 days (plus an extra 5 if they were mailed)

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humm..i see int he motion compelling stack it says " you are hereby notified that on 10-30-08 at 9:30 or as soon as thereafter as the matter can be heard, Deparment 3 of this court, 321 ****** St, Ca Plaintiff will move this Court for an order compelling defendant to furnish responce to the interrogatories....etc". If the time has lapse ( i hope not:oops:) should i still send it.. i know they didn't show up for the 1st court date and they had set up on in Nov(the judge).. so what would this date be for? thanks so much! im not letting any of these papers slip my sight any more!!!

Where would it say ' Motion to Compel'?

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Well, I'm confused. So I will just make some general statements about the progression of lawsuits.

Everything starts when the plaintiff files a Summons and a Complaint.

Then, they are served on the defendant.

Next, the defendant files an Answer. Battle is now joined - no default judgment.

Now starts the Discovery phase.

Typically, a plaintiff will send a defendant a Request for Admissions, Form Interrogatories (which is just a standard court form where all they have to do is check off the boxes they want you to answer), and possibly Special Interrogatories.

The defendant has 30 days to send responses to these documents.

If the defendant does not respond within 30 days, plaintiff will file a Motion to Compel responses. This is basically giving you one last chance. But if it's granted, it usually involves a penalty, or fine, for not responding the first time.

If defendant still doesn't respond, the plaintiff will file a motion for all his claims to be accepted as fact, and to be granted a Summary Judgment.

You don't want those last 2 things, so Discovery requests should be responded to promptly. And, you should likewise send Discovery requests to the plaintiff, basically making them produce any evidence they will present at trial.

Like I said, I'm confused as to where things stand for you, so I hope the above helps.


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Thanks to You Both.. you have answered my questions and calmed by worries.. so basically

*Received Summons, I answered went to court, they didnt show.

* Received Request for Admission (stayed up very late filling it out) and sent it this morning...im hoping its not too late:oops:

*Last Friday and Saturday i received two stacks of paper work:

.1st on was some sort of 'Verification' with a "contract" with B of A, just a regular one with terms and conditions, and some old statements from 06.

.2nd stack is 'Motion Compelling Responses to Interrogatories" Im thinking this is the Motion to Compel huh?

In the second page there is a court date for Oct.30, althought the judge had set it for Nov., I figure ill call and verify.

So I will start the discovery like you suggested. I think i do see some sort of fee :-(Damn.

Now say my 30 days are up, I just sent them the Request for Admission, should i do it over with Discovery? Since im pretty sure the 2nd stack is 'Motion to Compell'...

Thanks Again... You Both REally Helped me Out!!

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Did they previously serve you interrogatories and you didn't respond?

Does the motion to compel have a copy of those interrogatories attached? If so, I would prepare a response pronto which will make their motion moot. The court can still impose sanctions, but it's up to the judge.

You will need to file an opposition to their motion at least NINE court days before the hearing. By my calculations, that's October 17, based on an October 30 hearing date, but you should double check yourself. In your opposition you should state whatever reason you had for not originally responding and point out that you've since served verified responses. Honestly, if you're not familiar with the legal system, it's best to have a lawyer help you with this stuff. Your opposition will need to be served by federal express, and the copy filed with the court should have a proof of service attached indicating so.

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Yes i think you are right i see on the front page " Form Interrogatories" and the last page is "Request for Admission"

I sent my my response this morning. Would sending another one for the 2nd i receive matter? Along with an Opposition and Discovery?

I cant say thanks enough!! So much paper really had me confused, but its all making sense 8]

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