Mrj9182

JDB Didn't Respond To Discovery... Should I File Motion to Compel?

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Hi everyone!

I've been dealing with a lawsuit from CACH LLC and they failed to respond to my RFPOD. I have been reading conflicting views on wether to file a motion to compel or not. Some say to do RFA's that prove they have no case while others say they dismiss after the motion is filed. What should I do?!

 

They are past the 30 day deadline and I am contemplating if I should send a meet and confer letter or not. 

 

Let me know what you think!

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Have you BOP'd them? Have they responded to any other communications?

 

It wouldn't hurt to send a M&C at some point. Or even two. You could even call them to inquire if the M&Cs don't work.

 

Whether you decide to file a motion or not, your efforts now to get the information outside of court will be appreciated when it comes time for trial.

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I didn't BOP them since that doesn't apply in my state. I did send them RFPOD and they're about 35 days late. I will send them a Meet and Confer letter but I'm not sure if I should do admission requests of not.

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@

 

I'm of the opinion that a Request for Admissions can be more useful after receiving responses to other discovery requests.  But, you must make sure that your court rules don't require you to send all types of requests at the same time.

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@BV80

Thank you for your thoughts. My court rules don't require discovery to be sent at the same time, but CACH hasn't even responded. If they don't respond to my M&C letter, what do I do?

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@

 

Again, you have to know your court's rules.  You may have to file a motion to compel the responses. 

 

How long exactly are they past the 30-day requirement?

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They're around 5 days past the due date, but they likely have no intention of replying. I think they're just trying to see what in will do. Do you have a sample request for admissions?

Thank you for your help!

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You state, in your OP, that you have heard that JDB's dismiss when they get the MTC discovery. How is that not an AMAZING outcome?

 

If you filed counterclaims, they won't have the opportunity to do that. But even if you didn't, having them tuck their tails between their legs and slink away is what you want.

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@winsthebattle

It is an amazing outcome! My only concern is that they will try and gather more documentation from the OC.

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I know you're concerned that they would gather more documentation.  However, if you want to press the issue, and if your rules require a M&C before you can do anything else, I'd do that first.  I'd point out that their responses are past due.

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There's lots of RFAs laying around here somewhere. Just put requests that will absolutely destroy their case if they fail to respond, things like "admit that JDB does not own XXX's account, admit that JDB never bought the account, does not have documentation, bill of sale, records of sale are falsified, affidavits are fraudulent, that the JDB's name is Silly Sally Junk Debt and that they believe the world is flat.

 

Joking of course at the end there, but you get the idea. Ask them to admit to things that just take their case apart piece by piece, each supplied piece of evidence, each requirement to prove the cause of action in your suit. I never sent RFAs in my case, but wish i had. I think it should be a good rule of thumb to send rfa's with document requests, so that way when the jdb messes up (As they often forget things), the case can be (maybe)  put down quicker. 

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In my state, if they don't respond to the RFA's after a meet and confer letter is sent, everything is deemed admitted. Thank you for all of your helpful tips!

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@

Scroll down for the RFA to get an idea of what an attorney is after.  These are prepared for New Jersey court by an experienced consumer attorney. Please do not cut and paste or use without first understanding your own case strategy, court rules and state statutes. 

http://www.philipstern.com/files/pldg.NJ.credtdefense.Discovery_requests.pdf

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