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NeedHelpNebraska

What happens when the Debt Collector misses the date to return Discovery

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I am Security Credit and they missed the date they were suppose to return the discovery questions back to me.  They missed it to the point they asked the court for an extention, and missed that date as well.

 

Do I have anything going in my favor?

 

Thanks.

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Are you referring to a request for production of documents?  If so, what documents did you want them to produce?  Did you also include a request for admissions? 

 

Sometimes a motion to compel is in order and other times it might be a motion to preclude.  It just depends upon the circumstances. 

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Motion to Preclude would be stronger if Motion to Compel was made and ordered and they missed that deadline, too.  Start preparing your Motion to Dismiss, including a "with prejudice" version that argues they have been given multiple times to prepare their case beyond all the time they could make for themselves before filing.  The more you give them opportunity to produce the discovery or argue why they should not need to (that's not hard to do if they have a valid reason ... so they probably don't), the better your "patience" looks to the judge, and the more likely he/she will favor you with a dismissal (w/p is usually not done in the first filing, while in many jurisdictions it's even required for the 2nd).

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