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Plaintiff is trying to get me sanctioned


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I was served with interrogs, RFP and admissions back in Sept. 08. In accordance with FRCP I answered all three had all three docs notorized (that's not required - only the rogs but did it anyway) and sent the stuff to plaintiff's counsel on the same day.

According to FRCP 1.340(e) Service and filing.....

The original or any copy of the answers to interrogatories

may be filed by any party when the court should consider the answers to interrogatories in determining any matter pending before the court. The court may order a copy of the answers to interrogatories filed at any time when the court determines that examination of the answers to interrogatories is necessary to determine any matter pending before the court.

Anyway.. long story short I shoved all three responses in one envelope just like they were sent to me and mailed them back. In March 09 they did a motion to compel answers and sanctions - citing I never responded, they tried to resolve yada yada yada.... Within 3 days of getting the MTC I did a MTS, pointing out that I responded timely, plaintiff made no contact to resolve or inquire and had the plaintiff simply sent a good faith letter I would have resubmitted the docs. So I resent the documents to the plaintiff with my MTS and definitely sent everything to the court. I have my CMRR.

I hadn't heard a word until today. I got a notice of hearing on their motion to compel. What is up with that? They are still pursuing the MTC and sanctions. I sent responses timely and resent the docs timely- so can they actually get sanctions on me?? They want $150.00. They can't get any better answers out of me and I have no further information to provide them. Can the judge sanction them?

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and a copy of the answers and production you submitted back in Sept. TO THE COURT. Make sure your sworn affidavit details the timeline of events you just explained.

At that point, I'd file a counter motion to sanction the other side for incompetence.

Quote a few things from the FDCPA about harrassment or your states consumer laws.

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I shoved all three responses in one envelope just like they were sent to me and mailed them back. In March 09 they did a motion to compel answers and sanctions - citing I never responded, they tried to resolve yada yada yada....

This is an example of why this stuff should always be filed with the court, even if it is not required.

There is no shortage of attorneys willing to lie, cheat and steal at every opportunity and simply because someone managed to pass the bar exam does not mean that they will conduct themselves in an honest and moral fashion. Don't believe me ... look at the latest report from the Florida Bar - attorneys disbarred, sanctioned, being sentenced to prison ... one after the other. It's disgusting.

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Thanks for the input. I didn't even think about the affidavit aspect.

I did resend everything to the attorney and filed with the court in March.

I confirmed that they were received and logged in a couple of days after I mailed them. Since Florida has some strange rules about filing duplicitious and unnecessary documents I think I will call the Judges JA on Tuesday (Monday's are hectic for JA's and the hearing isn't until July) before I submit an affidavit and attach all the documents.

What is also making me frustrated is the lawyer didn't even try to contact me to coordinate the hearing. What if I wasn't available on that date? Maybe I won't be. LOL - Better yet.. maybe I will be and do a motion for summary judgment and get some time allocated after her hearing. Fortunately the Judge assigned is a Newbie and has a reputation for being fair. He's used to dealing with schnooks like me - he was a PD before getting appointed to Judge a little over a year ago.

Silly me, I just figured once she (the lawyer) received my MTS the MTC and got the documents (I have that wonderful green card), that would be the end of it. She must really want her $$$ for preparing the MTC. If $150.00 is her houry rate and it took her or her secretary an hour to prepare a two paragraph document they both need to look for new careers.

....and yes Nascar this was a lesson I would have rather not had to learn. :-( Hopefully the situation will never present itself again. I should have listened to the little voice in my head in Oct. and shoved the papers in an envelope for the Court too.

Thanks again

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This isn't that big of a deal. Just show up for the hearing with all your documentation to show you did respond timely and have a counter motion for sanctions and MSJ ready to hand to the judge and opposing counsel when you show you did everything correctly.

Judges don't like having their court time wasted on frivolous accusations. If the opposing counsel wants to make an a$$ of himself and pay a fine, let him.

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I always file a notice of service of written discovery with the court. It details what was served and when.

In your case, I would file a response with an affidavit stating when and how the discovery responses were made. I would also attach a copy of the green card to the affidavit and make reference to it in the affidavit. Make sure your affidavit also states that the Plaintiff's lawyer never communicated with you regarding the Motion to Compel.

The local rules probably require them to make a "good faith" effort to resolve the dispute prior to setting it for hearing. If they fail to include that language in the Motion to Compel they are not supposed to be able to recover sanctions.

What county are you in?

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Below are the objections I filed in March to their MTC

Defendant, XXXXXX, submits the following objections to Plaintiff XXXX Motion to Compel and Sanctions and states as follows:

1. Defendant, XXXXXX, pursuant to Florida Rules of Civil Procedure served Defendant’s Objections and Answers to Plaintiff’s Interrogatories, Defendant’s Objections and Responses to Plaintiff’s Request for Production of Documents and Defendant's Objections and Answers to Plaintiff's Request for Admissions by United States Mail on October XX, 2008. A copy of Defendant’s Objections and Answers to all Plaintiff’s requests are attached.

2. Pursuant to Florida Rules of Civil Procedure Defendant’s Objections and Answers to Plaintiff’s Interrogatories, Request for Production and Request for Admissions were served upon Plaintiff in a timely manner, within the thirty-five (35) day period of Defendant being served by the Plaintiff’s on September XXX, 2008 by United States Mail.

3. Just as the Plaintiff propounded upon the Defendant the Interrogatories, Request for Production of Documents and a Request for Admissions via United States Postal Service with all documents contained in one envelope, the Defendant mailed the Objections and Responses back to the Plaintiff in the same manner.

4. Defendant was not contacted by the Plaintiff prior to filing the Motion to Compel and Sanctions. Had the Plaintiff contacted the Defendant with a “good faith” letter, the Defendant would have resent the documents.

Whereby, the Defendant, XXXXX, requests the Court to strike Plaintiff’s Motion to Compel and Sanctions for all purposes including for use at a hearing on summary judgment.

So, basically the information contained above is what I would be restating in an affidavit and just attach the green card from March to it?

Also after reading this hearing notice it has a date and time but no location - just states before the Judge (and his name is spelled incorrectly to boot). Doesn't specify chambers or a courtroom, I called the clerks office and they don't have a copy of it and the JA is out till Thursday. Something smells rotten in Denmark.

BTW FlaLawyer I am in Central Florida

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