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Sending Discovery - but not filing?


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So I have sat on it, slept on it, and ate on it for several days now - whether or not to send some kind of Discovery Request after they have gotten a continuance and we have another month for the new court date. I wasn't going to do anything until the day, but now that this has happened I'm just really itching to do something and feel like I should. I know I let them know my aff. defenses in my answer, but I just want them to know now that they aren't going to just get another judgement from a no-show.

Could I get some advice on what to send to the attorney if I'm not actually filing a motion? Do I need to word it all fancy schmancy, or do I just say, "So whatcha got?"

And is it too late at this point? It's a little under a month now.

Not only do I have nothing and need to request the chain of sale and everything else, but it is also past the SOL - they may use the account stated defense, but I have my own defense that it's not an account stated, but an open account - which means an expired SOL.

Just not sure how to go about typing out what I send them.

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