Simpleaim Posted March 6, 2012 Report Share Posted March 6, 2012 (edited) I got my first requests for Admissions, POD and Rogs yesterday in the mail. On the admissions document they comply with RCP about posting in big, bold letters the consequences of failing to respond. I'm fine with that. Further down they have this:Comes Now Plaintiff and pursuant to Rule 59.01 of the Misosuri Rules of Civil Procedure request Defendant(s) answer the following requests for admissions. These answers shall be provided to Plaintiff's Counsel within 30 Days after service hereof or the facts set forth herein shall be deemed admitter.Now here is the Missouri 59.01 RCP on the rule they reference:(d) Response. The requests shall be answered by each party to whom they are directed.(1) When Response is Due. Responses shall be served within 30 days after the service of the requests for admissions. A defendant or respondent, however, shall not be required to respond to requests for admissions before the expiration of 60 days after the earlier of the defendant:(A) Entering an appearance, or( Being served with process.The court may allow a shorter or longer time.From reading the RCP, it looks like I have 60 days to answer but the JDB attorney's are saying 30. FDCPA violation? Plain stupidity and excusable? Am I reading the law incorrect?Thank you, Edited March 6, 2012 by Simpleaim Link to comment Share on other sites More sharing options...
legaleagle Posted March 6, 2012 Report Share Posted March 6, 2012 Am I reading the law incorrect?I think you are. 60 days after the earlier of the defendant:(A) Entering an appearance, or( Being served with process.Answer in 30 days. Post them here first, that way you don't admit to the wrong thing. Link to comment Share on other sites More sharing options...
Simpleaim Posted March 6, 2012 Author Report Share Posted March 6, 2012 I will legaleagle. Thank you. Link to comment Share on other sites More sharing options...
Simpleaim Posted March 6, 2012 Author Report Share Posted March 6, 2012 I'm still a little fuzzy, though, on what the 60 days is for.Thank you, Link to comment Share on other sites More sharing options...
legaleagle Posted March 6, 2012 Report Share Posted March 6, 2012 The 60 days starts on the day you fulfilled one of the requirements listed below. That is in case the ROGs were served at the same time as the summons or a few days later. I don't know why they have two qualifiers, but play it safe and do the 30 days. Should take us about five minutes, we're used to this. Link to comment Share on other sites More sharing options...
Simpleaim Posted March 6, 2012 Author Report Share Posted March 6, 2012 Thank you legaleagle! Link to comment Share on other sites More sharing options...
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