warready

Discover Bank Vs me Motion to comply

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Hello,

I lived in CT, but moved to CA. I received a complaint from Discover bank in Connecticut, being represented by HLS. I responded and made my special defense a couple of months bank. Then I came to CT to help my mother move to a new house for a few months, in those months I received request for admission and interr/prod from HLS. The mails where being sent to California. I found out too late, they filed for motion for compliance, and motion for default for failure to comply. Basically it was motion for compliance to inter/prod, but the motion for default for failure to comply was also in the same motion.  I got the request for admission and the interr in my email and quickly browsed through this forum to answer them the best I could. I submitted my replies the exact same day that they had short calendar marking, take papers. 

The judge granted the motion for compliance. I haven't received the papers yet, but I see online that it was granted. I was wondering, what does this mean? Is this judgement satisfied by my responses? Do I get to file my own discovery? What is my next steps?

Please help.

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Are you settled back in Connecticut now where everything can reach you at this address in a timely manner?

Is your mail forwarding all setup so wherever something is received for you it will get to you in CT?

Keep the court and Plaintiff informed of your mailing location.

 

This is just general, verify for your self-

You may want to look into a motion for an extension of time with the court since you were traveling and it sounds like the mail hasn't caught up.

The compliance is probably the step before judgment since you didn't answer discovery. If you did answer, check your local court rules. Usually they don't want the discovery documents filed with the court but still want to see a certificate of mailing or similar to show it's been filed. Discovery is two way. You also get to send them your discovery requests.

http://www.jud.ct.gov/Publications/PracticeBook/PB.pdf

 

I'd find out the next court date and have everything ready.

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Ok. Thank you. I am just staying with my mother until she gets settled, so I will be moving back to CA in maybe 2 months. I answered the discovery and interr, and filed it with the clerk in person and also sent a certified mail to HLS lawyers. Even though the compliance was granted, I still have to file a motion for extension?

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If you're completely caught up and have complied with their discovery requests, you should be okay. Make sure to bring all the certified mail return receipts, info showing it's filed with the clerk, to the next court date just in case you need to cover yourself. You get to send your own discovery and hold them to the time limits as well.

 

If you'll be moving out of the area again while the case is going on you'll need to make arrangements. If you'll be coming back you can probably move the court dates. It would be nice if this is over before you leave but doesn't always work out that way. If you feel you have a strong shot at winning this after looking at the discovery, possibly look into a motion for summary judgment. You could also see about an attorney taking over or at least reviewing the case to give you an idea. Check NACA for a list in CT. Initial consultation should be no charge.

http://www.consumeradvocates.org/find-attorney

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