Mike in Florida Posted October 19, 2020 Report Share Posted October 19, 2020 Can someone advise me the correct route. I was never mailed first set of interrogatories, and then had an order to compel from the plaintiff and the court. They sent me a letter saying that I have 30 days to answer the interrogatories but I don't have them, nothing was sent in the mail nor was I served. Not sure what I need to do in order to receive them and then answer. Thanks in advance. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 19, 2020 Report Share Posted October 19, 2020 17 minutes ago, Mike in Florida said: Can someone advise me the correct route. I was never mailed first set of interrogatories, and then had an order to compel from the plaintiff and the court. They sent me a letter saying that I have 30 days to answer the interrogatories but I don't have them, nothing was sent in the mail nor was I served. Not sure what I need to do in order to receive them and then answer. Thanks in advance. Contact them and tell.them you never received any. Ask that a new set be sent CMRR. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 19, 2020 Author Report Share Posted October 19, 2020 Thank you. Would I need to contact the law firm directly or file with the court first and then send the law firm what I filed certified mail return receipt? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 19, 2020 Report Share Posted October 19, 2020 Call the law firm. File your response with the court and send them a copy CMRR. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 19, 2020 Author Report Share Posted October 19, 2020 Great thank you for your quick assistance. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 19, 2020 Author Report Share Posted October 19, 2020 One last question, when I call the Law Firm, should I follow up with the court and file that I made a good faith attempt to contact the law firm to request the missing interrogatories since there is a motion for me to answer? I don't want the law firm to simply say that I never reached out and then the 30 days laps and I get a default. Thanks again!! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 19, 2020 Report Share Posted October 19, 2020 2 hours ago, Mike in Florida said: nothing was sent in the mail nor was I served. You haven't even been served with the lawsuit yet? That is a problem. You need to go online or to the clerk's office and pull the paperwork on service and find out who/where someone was served with this suit. Clearly the law firm and court know where you are if you got the motion to compel your answers. 53 minutes ago, Mike in Florida said: One last question, when I call the Law Firm, should I follow up with the court and file that I made a good faith attempt to contact the law firm to request the missing interrogatories since there is a motion for me to answer? Answer the motion with the court immediately after you determine the process of service that was used. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 19, 2020 Author Report Share Posted October 19, 2020 Thanks. I was served, answered etc etc. apparently from what I gather, they sent the interrogatories via mail, which is exactly how they should except they sent to the wrong address. I found out a motion to compel was ordered via the electronic system and I was like, wait I never received any interrogatories via mail, only the letter from the law firm stating the motion was heard and granted. So I did not know how to let the court or law firm know that A I never received them and B to please send them so I can answer accordingly. Thanks. Quote Link to comment Share on other sites More sharing options...
WhoCares1000 Posted October 19, 2020 Report Share Posted October 19, 2020 I am surprised that the motion was granted considering it was not served on you unless them mailed that out too. I am not sure of the process (whether you need to file on the motion that has already been granted or you need to file a new motion) but you need to inform the court that you are not receiving the documents that the plaintiff is claiming that they sent you. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 19, 2020 Author Report Share Posted October 19, 2020 Yes, do I call lawyer and tell them I never received any interrogatories in the mail to answer or do I file with the court. If it is with the court, I am not sure what form I would use or the wording. The law office mailed me a letter last week saying the motion to compel was granted and I have 30 days from Oct to answer. Thanks for all the help. By the way this is Velocity Investments Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 20, 2020 Author Report Share Posted October 20, 2020 Would anyone know if I should contact the law firm and ask for the interrogatories or file some sort of motion with the court? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 20, 2020 Report Share Posted October 20, 2020 1 hour ago, Mike in Florida said: Would anyone know if I should contact the law firm and ask for the interrogatories or file some sort of motion with the court? Do both to protect yourself. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 20, 2020 Author Report Share Posted October 20, 2020 Thank you. Do you know the type of form or template wording I need to use to file w the court to let them know I never received the interrogatories from the Plaintiff? Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 25, 2020 Author Report Share Posted October 25, 2020 **Update** Did recieve copy from law firm in the mail after speaking with them. Still have 2 weeks to answer so that’s not a problem but I am not sure how to answer. These interrogatories are very generic with nothing specific such as account number or alleged debt owed. Would it be best to provide their questions here for guidance? They are appearing to be very very sloppy. Thanks. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 25, 2020 Report Share Posted October 25, 2020 Yes post them. Most of what they want is for you to admit everything so they can move sor summary judgment. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 26, 2020 Author Report Share Posted October 26, 2020 Thank you. 26 question. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 26, 2020 Author Report Share Posted October 26, 2020 Also, the have not provide one single supporting document, from the time I was served, to now that included any bill, bill of sale, signed agreement or anything. Almost like they are hoping I wouldn’t have answered the summons and they would win by default. Any help would be appreciated. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 26, 2020 Report Share Posted October 26, 2020 12 hours ago, Mike in Florida said: Thank you. 26 question. VERY difficult to read they are all sideways or upside down. 12 hours ago, Mike in Florida said: Also, the have not provide one single supporting document, from the time I was served, to now that included any bill, bill of sale, signed agreement or anything. If you want that you have to send them your own discovery and demand it that way. They are not required to just send it voluntarily. You need to do this ASAP because in some states failing to do so waives your right to object to their evidence. 12 hours ago, Mike in Florida said: Almost like they are hoping I wouldn’t have answered the summons and they would win by default. Any help would be appreciated. That is exactly what they are hoping for. 95% are default judgments and easy money if they actually collect. Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 26, 2020 Author Report Share Posted October 26, 2020 Hello, I will repost the questions. Thank you very much! Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 26, 2020 Author Report Share Posted October 26, 2020 Hello, I will repost the questions. Thank you very much! Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 26, 2020 Author Report Share Posted October 26, 2020 Would it be smart to answer and elect arbitration? I am not sure how to answer Quote Link to comment Share on other sites More sharing options...
Racinghart03 Posted October 26, 2020 Report Share Posted October 26, 2020 49 minutes ago, Mike in Florida said: Would it be smart to answer and elect arbitration? I am not sure how to answer Do you have an arbitration clause in whatever agreement binds you to their claim of debt? Quote Link to comment Share on other sites More sharing options...
Mike in Florida Posted October 26, 2020 Author Report Share Posted October 26, 2020 Yes the 2015 agreement that coincides with their claim does afford arbitration. I am not sure how to answer these 26 questions, many of them very generic as they have not provided questions as to a specific account number, or included any paperwork since the inception of this. I don’t want to piss off the judge by robo answering these questions. Thank you. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 26, 2020 Report Share Posted October 26, 2020 3 hours ago, Mike in Florida said: Would it be smart to answer and elect arbitration? I am not sure how to answer Be VERY careful. I believe Florida requires you answer with a motion to compel arbitration in lieu of an answer if that is the choice you want to make. Search the other Florida threads before you do this because if you get it wrong then you have a hornet's nest of problems. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 26, 2020 Report Share Posted October 26, 2020 2 hours ago, Mike in Florida said: I am not sure how to answer these 26 questions, many of them very generic as they have not provided questions as to a specific account number, or included any paperwork since the inception of this. I don’t want to piss off the judge by robo answering these questions. DO NOT answer until you decide on the arbitration. Your answer if VERY different if you are going the arbitration route. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.