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I answered their requests. I sent my own requests. no response. what next?


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So after answering the complaint, I sent a request for production of documents. They didn't answer and sent a huge list of requests. I answered them.

The court hearing is a couple of weeks away. I'm not sure what to do next.

Do I go ahead and file a motion to compel? Do I postpone the hearing? Do I just go in?

A friend said to for a motion to compel and reschedule the hearing date to see how they respond, but I'm hearing conflicting things.

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@johnny123 do you have another thread? If so, keep all your information in one thread so we can reference everything that has been gaining on for your case.

Has it been more than 30 days since you sent your requests? What did you ask for?

Just because they didn't answer yours doesn't mean you shouldn't answer yours. If you play by the rules, and they don't, all the better for you later.

If you do have another thread, link it, then keep it all in one thread together. Weather to file a compel motion or not depends on your state rules of civil procedure. Do you need to send a meet and confer first? Look that up. If so, you will need to send a letter to the attorney saying they didn't answer, and you are giving them 10 more days to respond, or you will compel. Then do it.

But before you do that, what did you ask for?

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Yes I will keep everything in one thread.

For documents I requested a signed contract or agreement, proof of the assignment, account statements and the assignment chain leading up to the original creditor.

They didn't respond. A few days from now will be 30 so theres still some time.

My concern though is that if they don't answer what to do next when the hearing is so close.

After the 30 days theres only 2 weeks til the court date set by the court house.

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Read your court rules on discovery. Most will tell you how many days before trial discovery must be complete. If you are still within the time limit, you can ask for a extension to complete discovery, or an enlargement of time. Look those 2 words up in your rules. You need at least 30 days before trial for a compel motion in most states. ( meaning you compel, and they need to answer within 30 days plus how ever many days until trial)

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Thanks so much for the help. I'm a little confused.

 

After responding to the summons and filing it with the clerk, the court created a date automatically which was set about a month and a half after my response. There really was no time for discovery so I'm not sure how I would need 30 days before trial to do a motion to compel. I'm not sure if this thing is a trial or a hearing. It was a small piece of paper sent to me by the court house automatically that says "court date"

 

Also, do you know where I can read more on the particular laws. My state is NJ. 

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Ok let's back up. Is this civil regular court, or small claims? There are different rules in each case. I'll poke around and find a link to your rules. Also, being in nJ there is a great website that has all kinds of briefs, motions, etc. posted by Phil stern who is a consumer attorney in your state, they could prove useful.

Answer the questions here that are pinned at the top of this forum. I think it is the last pinned thread. Cut and paste the questions and answer in this thread.

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It is Special Civil.

Since the case is still open I don't want to put too much info. I'm defending a lawsuit created by a junk debt buyer.

 

1. Answered the summons

2. Sent Request for Production of Docs

3. Responded to their Requests.

4. They haven't responded. Still waiting.

 

Their time will be up and there will only be about 10 days left to the date I received from the court house to appear.

 

I'm still waiting.

 

I'm confused about the deadline someone gets to respond to Requests (for Interrogatories, documents and admissions) in NJ because I found a discrepancy on the site. Is it 30 or 35 days? Take a look at these screenshots:

 

Says 30 days in 4:17 1. B) 2

http://www.judiciary.state.nj.us/rules/r4-17.htm

https://www.dropbox.com/s/qob26j5l66u8ehj/deadlinetoresponsetorequests1.png

 

Says 35 days in 4:18 1. B) 2

http://www.judiciary.state.nj.us/rules/r4-18.htm

https://www.dropbox.com/s/xliax111pg956po/deadlinetoresponsetorequests2.png

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