floridamike Posted November 15, 2009 Report Share Posted November 15, 2009 (edited) I'm in NC and have answered the original summons but not the discovery. I filed a graduated denial as well. The plaintiff's attorney has finally sent me the entire account history but at the same time filed a motion for summary judgement on the basis that there is no material fact that counters their claim (she also had a second bank employee sign an afidavit different from the person on the original summons). At the same time she entered my bank account records (complete with my wife's name who is not a party to this suit) address, social security number etc. into the public record. In the local rules it says that discovery can go on up until the actual trial itself. Now that I have the entire account history I have access to the records that show that a teller working at the bank did a manual override on a large counter check that put the account way over and caused multiple NSF's (that otherwise would have been covered by the amount in there). I specifically asked the teller to make sure it was good and he checked the account then did the override. He has since left the banking industry. They would not refund the amount or take any action whatsoever. I felt like that was done in bad faith and willfully to run up fees. Can I hire an attorney to take over this late in the game (motion hearing is next Friday)?If so, should I ask for a continuence based on that? Or on what other basis could I ask? Or should I just go ahead and answer their discovery and put the former teller and manager who dealt with it (or rather who would NOT do anything about it) on a witness list? Can I request arbitration (in NC all cases inder 10k are automatically considered)? Edited November 15, 2009 by floridamike Link to comment Share on other sites More sharing options...
unusualsuspect Posted November 15, 2009 Report Share Posted November 15, 2009 You can hire an attorney at any point - and yes, you should be able to get a continuance for that reason. Call any witnesses you may have as well. And if you can, file a motion for arbitration. Link to comment Share on other sites More sharing options...
trueq Posted November 15, 2009 Report Share Posted November 15, 2009 If you made fatal mistakes, like not argue the right affirmative defenses (thus waiving the defense)...the longer you wait, the more difficult it is for the attorney. Link to comment Share on other sites More sharing options...
Recommended Posts