Help!! Court date pending!!!

[wudang]

Back story>> Being sued by capt. one... had two pre-trials in which I denied debt.. also, submitted response to capt. one claim. Furthermore, the last payment was supposedly made over 3 yrs. ago... haven't received any paper work of debt or letters for a court date... should I ask the court to order capt. one to send me evidence of debt?? if, so would it be in the form of a discovery request?? I have posted the docket below confused on some of the terms:

7/20/2011 Statement of Claim

7/22/2011 Pre-Trial Summons Issued ******** (Served 08/02/2011)

8/22/2011 Notice of Limited Appearance ******

8/24/2011 Minutes

8/24/2011 Small Claims Pre-Trial (*******) Time - 10:30

8/24/2011 Notice of Pretrial Reset 10/19/2011 at 10:30am

8/24/2011 Answer

10/17/2011 Notice of Limited Appearance *****

10/19/2011 Minutes: Attorney to Notice

10/19/2011 Small Claims Pre-Trial (Judge:****) Time - 10:30

11/7/2011 Motion to Invoke the Rules of Civil Procedure

11/21/2011 Notice of Hearing 11/28/2011 at 2:30pm

11/29/2011 Minutes

12/1/2011 Affidavit of Attorneys Time

12/1/2011 Motion for Summary Judgment

12/1/2011 Notice of Filing

12/1/2011 Affidavit

12/1/2011 Notice of Confidential Information within Court Filing

12/20/2011 Order to Invoke Rules of Civil Procedures

1/23/2012 Notice of Hearing 4/25/2012 at 1pm

2/8/2012 Request for Production

2/8/2012 Notice of Service of Interrogatories

Any info would be appreciated..

[admin]

This is small claims? Not as familiar with what you can do here, it sounds like they are presenting evidence bit by bit.

[wudang]

I appreciate your response. Yes, its a small claim case; however, the only thing I received was a copy of the customer agreement (no signature) attached to the original summons for pre-trial. I had two pretrial appointments, the first one their attorney said "they would send me evidence of the debt" (After I told him I'm am not aware of this debt). The second pretrial I again told their attorney that I didn't receive the info (Which is true) he said "Will take it to trial you will receive info about 10 days before trial if not it's dismissed". I want to be proactive, so how should I request viewing their evidence or can I submit a dismissal due to the fact I haven't received any documentation???

[legaleagle]

Ten days doesn't give you very much time to analyze the garbage they will send, or challenge it. When it arrives, petition the court for an extension of time. You should send discovery if it is allowed under your rules.

[Coltfan1972]

I want to be proactive, so how should I request viewing their evidence or can I submit a dismissal due to the fact I haven't received any documentation???

Then be proactive !! Generally speaking, you must ask for what you want in discovery. Since this is small claims might be different but appears not to be the case since they hit you with discovery and they asked for the regular rules of procedure be used.

[legaleagle]

The rules you want to look at are 1.280 thru 1.410. Those cover discovery at the superior court level. There are many examples of what to ask for on the forum. I suggest documents only, ROGs and admissions won't get you much unless you have a specific strategy in mind. Here are mine, they cover any eventuality. Don't expect them to produce very much, which is good for you. These will also tip them off that they are in for a fight. They may dismiss.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

[wudang]

Thanks for your responses.. Sorry for the the delay but my family had to take care of my grandmothers funeral. So on Tuesday I will submit a request for production of evidence. Hopefully, that will get there attention and actually evidence I need to confirm or deny this debt.

[bookreader]

Ten days doesn't give you very much time to analyze the garbage they will send, or challenge it. When it arrives, petition the court for an extension of time. You should send discovery if it is allowed under your rules.

so discovery is allowed in small claims also?

[legaleagle]

so discovery is allowed in small claims also?

It varies by state. Some allow it, some do not. Those that do sometimes limit it. In New Jersey you only get five questions. In this case, the plaintiff requested that the superior court rules apply, so discovery is allowed.