Bobgnuheart Posted October 6, 2008 Report Share Posted October 6, 2008 Approx. a month ago went to a hearing (being sued by junk debt buyer). They file Motion for Summary Judgment, we filed Motion for Dismissal.The result was their MSJ was denied and our motion for dismissal was 'continued'. We were told to do discovery.It has been a month and we have heard nothing. Should we be initiating discovery or wait for them? Pretty soon, I believe, we will get something for the pre-trial mediation. Can we file for postponement since discovery hasn't happened.Felt pretty good when their MSJ was denied, but what now? What do we ask for? Are there example discovery letters on the web somewhere?Why would their attorney be doing nothing? Link to comment Share on other sites More sharing options...
NYMatt Posted October 6, 2008 Report Share Posted October 6, 2008 They could be stalling so you run out of time to do something.Read up on SC civil law and procedures. Link to comment Share on other sites More sharing options...
smurfette in nyc Posted October 6, 2008 Report Share Posted October 6, 2008 It has been a month and we have heard nothing. Should we be initiating discovery or wait for them? Pretty soon, I believe, we will get something for the pre-trial mediation. Can we file for postponement since discovery hasn't happened.First of all, I'll assume you sent a discovery demand to the attorney, specifying how many days you expect a reply by. If you did not, then please do so immedietly! I do not know the specific rules of your state, but generally a discovery demand must be answered within 30 days.If you did send out discovery with a demand for a response within X days, and they still haven't complied, then you must file a Motion to Compel Discovery with the court. If you need help with this, just ask, and I'll post a template. PS-I hope you made demands for all pertinent documents because 99% of the time a JDB cannot provide what is necessary to win in court. And remember to object to documents that are worthless as hearsay. If you do everything correctly, you should be able to get this case dismissed! Link to comment Share on other sites More sharing options...
admin Posted October 6, 2008 Report Share Posted October 6, 2008 Yes, it's up to YOU to ask for discovery. They also could file for it, but if you want to move things along, take smurfette's advice for what to include. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 6, 2008 Report Share Posted October 6, 2008 You want discovery, you have to ask for it. Link to comment Share on other sites More sharing options...
Bobgnuheart Posted October 7, 2008 Author Report Share Posted October 7, 2008 is there website I can get a general idea of the form to use? What should I ask for? I would assume signed statement from the original creditor, proof that the JDB owns the debt, proof of how they calculated amount due? What else?Thanks so much Link to comment Share on other sites More sharing options...
nascar Posted October 7, 2008 Report Share Posted October 7, 2008 What should I ask for? What are they alleging in the complaint? Make them produce the documents that make up the basis of their claim. Ask them to admit they don't have them. Basically, you want to destroy their complaint, one line at a time. Link to comment Share on other sites More sharing options...
Bobgnuheart Posted October 7, 2008 Author Report Share Posted October 7, 2008 The JDB sent a notarized letter called a "verified statement of account".How can I mention this in discovery?Should I ask for the address of the person who signed this BS letter? Should I mention her by name?The reason I ask is I am sure she signed and notarized this letter with no first-hand knowledge that this account is valid. Link to comment Share on other sites More sharing options...
smurfette in nyc Posted October 8, 2008 Report Share Posted October 8, 2008 The JDB sent a notarized letter called a "verified statement of account".How can I mention this in discovery?Should I ask for the address of the person who signed this BS letter? Should I mention her by name?The reason I ask is I am sure she signed and notarized this letter with no first-hand knowledge that this account is valid.You need to object to the letter in court, as it is "hearsay." As you said, the person who signed the letter has no intimate knowledge of the creation of the debt and account. Please, make sure you object to this letter! It's very important that you do!Also, check to see if the letter was notarized in the same state that you are in, or a different one. Link to comment Share on other sites More sharing options...
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