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Plaintiff attorney filed motion for summary judgment although I have an extension???


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I am not represented. An attorney filed a motion for summary judgement alleging all issues were admitted! I have an extension that was approved. This is in NC. How long in NC do I have to respond? Can I simply attach a copy of my extension and send it certified? This is ridiculous. They have not even verified the debt.

I simply want to attach a letter with a copy of my extension. Of course I didn't respond by the date! I was given another 30 days to do so.

Thanks!

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Hi all,

I think I accidentally tried to post this in the wrong thread..I'm new!

I am not represented. An attorney filed a motion for summary judgement alleging all issues were admitted! I have an extension that was approved. This is in NC. How long in NC do I have to respond? Can I simply attach a copy of my extension and send it certified? This is ridiculous. They have not even verified the debt.

I simply want to attach a letter with a copy of my extension. Of course I didn't respond by the date! I was given another 30 days to do so.

I also filed 50 interrogatories against them and they have an extension as well.

Thanks!

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The plaintiff attorney sent me requests for admissions that were due 3/3/09. I was given an extension of time to answer til 4/3/09.

He filed a motion for summary judgement 3/10/09 alleging all facts were admitted because I did not respond by 3/3/09. I have til 4/3/09. It's almost as if he is working off of a diary & not paying attention. I send everything to him certified.

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I would say that you have a very easy opposition brief to submit. As I understand it, you did not respond to requests for admissions.The plaintiff probably says that, by operation of law,they should be deemed admitted. However, you were given an extension of time to respond and have a letter confirming the extension (and I assume the extension is OK under NC law).

This sounds like one hand not knowing what the other is doing. I would send a letter asking plaintiff to withdraw the motion because you were given an extension. Attach a copy of the extension letter. If they do not withdraw the motion, file an opposition saying nothing can be deem,ed admitted because you have an extension. In the opposition, say that you asked plaintiff to withdraw the motion and plaintiff refused. Make sure you file the opposition on time. The Judge will not be happy with the plaintiff.

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