LittleDavid

OC asking 45-day ext. for aswering my discovery request (Texas

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One more member joining the ranks of brave fighters against  collections. Got a call from the plaintiff's attorneys. They are asking for a 45 day extension for answering my Discovery request for them to answer.  I already answer their Admissions, Production, Interrogatories and Disclosure request with knowledge from several forums.

Is there any suggested responses for this? What is the best course of action? Suggested law references for this? lawsuit is in Texas in Justice Peace Court.

David

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3 hours ago, LittleDavid said:

They are asking for a 45 day extension for answering discovery. Is there any suggested responses for this? Can I refuse it? Suggested law references for this?

Are you in Justice Court?  If they granted permission for discovery then they will get the continuance.  You don't have to participate but the catch is if you refuse to answer then you are essentially admitting to what they asked in discovery.  It is in  your best interest to answer because you are not required to give them what they want.  Often discovery in these cases is WAY beyond the bounds and moves into a debtors exam on the presumption they are already in possession of a judgment.  You can deny or object to their requests for admissions.  They often ask for records that far exceed the scope of the trial.  Essentially they don't want to spend the money to get the documents to prove their case and are hoping you are dim witted enough to do it for them.  If you answer discovery well and submit your own to them they just might fold when they figure out you are not the low hanging fruit of an easy judgment.

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11 minutes ago, Clydesmom said:

Are you in Justice Court?  If they granted permission for discovery then they will get the continuance.  You don't have to participate but the catch is if you refuse to answer then you are essentially admitting to what they asked in discovery.  It is in  your best interest to answer because you are not required to give them what they want.  Often discovery in these cases is WAY beyond the bounds and moves into a debtors exam on the presumption they are already in possession of a judgment.  You can deny or object to their requests for admissions.  They often ask for records that far exceed the scope of the trial.  Essentially they don't want to spend the money to get the documents to prove their case and are hoping you are dim witted enough to do it for them.  If you answer discovery well and submit your own to them they just might fold when they figure out you are not the low hanging fruit of an easy judgment.

Yes, I'm in JP.  My apologies for the confusion. They are the ones asking for the 45 day extension for my Discovery request to them. They send me theirs and I already answered using the valuable guidelines from this community forum. And yes, Hopefully by answering correctly their discovery request and then sending mine to them, it will be as you said maybe they'll yield.

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Again, since this is their first request, 99.999% of the time, they will get it. Think of it as giving them enough rope to hang themselves. Under the business records exception, they should have already been able to get the records which means there is an issue with getting them. They might get them in another 45 days, they might not.

Now, if they try for a 2nd continuance, then you start to argue against them stating that you have the right to a speedy trial and that they are delaying when they should have had the evidence needed for their case before filing.

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On 9/11/2020 at 5:34 AM, WhoCares1000 said:

Again, since this is their first request, 99.999% of the time, they will get it. Think of it as giving them enough rope to hang themselves. Under the business records exception, they should have already been able to get the records which means there is an issue with getting them. They might get them in another 45 days, they might not.

Now, if they try for a 2nd continuance, then you start to argue against them stating that you have the right to a speedy trial and that they are delaying when they should have had the evidence needed for their case before filing.

Much appreciated. They are asking me directly, so would it be reasonable to grant them 20d/30d ext instead?

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Seems interesting that they would come to you first considering most attorneys know how easy it is to get an extension on the first time. Is this the first time they are asking?

In any case, I would offer to agree to a 30 days extension but no more beyond that,

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