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Debt buyer fails to answer my request for admissions within 30 days ....what should I do now?


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I (I'm the defendant) sent 34 days ago (sent it electronically through the courts) request for admissions to the debt buyer (plaintiff)

 

NH state's courts rules: 

Each of the matters of which an admission is requested shall be deemed admitted unless within 30 days after such service the party requested serves a copy thereof to the party requesting such admission, or his or her attorney or non-attorney representative, either a sworn denial thereof or a written objection on the ground of privilege or that it is otherwise improper.

 

My first two requests on the requests for admission were:

1. Plaintiff does not own the right to collect the debt alleged in this suit.
2. Plaintiff does not own the debt alleged in this suit.

 

If these are deemed admitted then midland has no case

1) How much longer should I wait? I suppose that could have responded by mail....but unlikely

2) Should I file a motion for summary judgment based on the "deemed admitted admissions"

3) Should I file a motion that these admissions should be deemed admitted because plaintiff failed to respond within 30 days?  Do I even need to because of the rules?

 

Any advice would be helpful!!!

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11 hours ago, bfwizard said:

I (I'm the defendant) sent 34 days ago (sent it electronically through the courts) request for admissions to the debt buyer (plaintiff)

 

NH state's courts rules: 

Each of the matters of which an admission is requested shall be deemed admitted unless within 30 days after such service the party requested serves a copy thereof to the party requesting such admission, or his or her attorney or non-attorney representative, either a sworn denial thereof or a written objection on the ground of privilege or that it is otherwise improper.

 

My first two requests on the requests for admission were:

1. Plaintiff does not own the right to collect the debt alleged in this suit.
2. Plaintiff does not own the debt alleged in this suit.

 

If these are deemed admitted then midland has no case

1) How much longer should I wait? I suppose that could have responded by mail....but unlikely

2) Should I file a motion for summary judgment based on the "deemed admitted admissions"

3) Should I file a motion that these admissions should be deemed admitted because plaintiff failed to respond within 30 days?  Do I even need to because of the rules?

 

Any advice would be helpful!!!

Read your rules about how days are calculated.  If you know for sure that the response is late, see what your rules say about filing a motion to have the admissions deemed admitted.

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15 hours ago, bfwizard said:

1) How much longer should I wait? I suppose that could have responded by mail....but unlikely

I agree with @BV80check how the court calculates "days" and once you are certain you are well past their deadline to respond then make your next move.

I would not file a MSJ.  I would ask the court for a directed verdict that you do not owe the money or a dismissal with prejudice.  The court could misinterpret MSJ and award it to them.  But that is just me.

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2 hours ago, bfwizard said:

 

Just double checked on the date ....and they are indeed outside of the 30 day window.

 

So should I file a motion to dismiss?....Our Should I file a motion that these admissions should be deemed admitted first?

 

Thanks 

My thought is get the answers admitted first then you can succeed on the MTD by arguing they have already admitted they have no standing and therefore the court should grant a dismissal with prejudice.

 

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