Plaintiffs Failure to reply to Discovery
Date: Thu, 04/08/2010 - 22:27
Submitted by Marionette W Hicks
on
Thu, 04/08/2010 - 22:27
Total Replies: 2
However, when they responded the only did so in regards to Admissions only, with no response to Interrogatories’ and Document request, nor any objections to the request presented. I followed every restriction set forth in North Carolina Statutes. They obviously objected to most, but at least one of those objections is not sufficient under NC statutes. Their extension ended on 3/10/2010, which they mailed on that date and we received it on 3/13/2010. I am unable to locate any time constraints to act on the plaintiffs’ failure to respond to my request for Interrogatories’, or Production of Documents.
[SIZE=3]Do time constraints apply to responding to their failure to respond? If so, I am in need of advice as to our next option before this time limit expires. NC Statutes, if I am interpreting it right; allows for an additional 3 days if responses are delivered by mail. [/SIZE]
I have been informed by the Court Clerk that she would have to physically come in to request an extension. The fact that she is 78 year old invalid on oxygen, and I am disabled and unable to drive is limiting us from complying with the in person request for an extension. We do not live in a town that affords no means of transportation to even get to the Court House 35 miles away, nor is there a local attorney which handles matters of this nature. We had looked into Bankruptcy and the only Attorney near us is even further than the court house, and required us to come in to his office. That is why I responded to the suit on my own. We arrived at this point as a result of a criminal theft of over $60,000 from my account by what we know now, to have been my drug addict Nephew and his wife. We are now forced to move forward with criminal and civil actions against them, but that offers us no resolve in this current matter before us. There was never any intent to default on her (our) obligations, but we never anticipated these criminal acts. I understand that state statutes allow 3 days extension for a response by mail which would be Tues. if I am correct. Can you assist us or advise us as to someone who can? We tried reaching NC legal aid which we have now deemed to be impossible. It was my intent to send a 2nd request for the excluded responses requested in our initial answer, but I am concerned whether that is the proper action, or if a polite letter requesting their Attorneys to respond, before seeking an order to compel? Discover submitted a Charge Off 3/8/2010 which all 3 credit agencies are reporting. However, the initial charge off was first applied on July 2008.
Basically I am confronted with these unanswered questions:
[SIZE=3]Do time constraints apply to responding to their failure to respond? (Priority)[/SIZE]
[SIZE=3]Do I need to send a letter requesting their Attorneys to respond, before seeking an order to compel?[/SIZE]
[SIZE=3]Do I need to respond to their admissions objections prior to receiving the response to the omitted discoveries?[/SIZE]
[SIZE=3]If so, is there anyone who knows if NC has a time constraint similar to answering their summons (i.e. 30 days)?[/SIZE]
With Best Regards
OK Hicks
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Hicks,I cant help you directly.But,we must think for you,how lit
Hicks,I cant help you directly.But,we must think for you,how little we can!
[qoute]The fact that she is 78 year old invalid on oxygen, and I am disabled and unable to drive is limiting us from complying with the in person request for an extension.[/quote]
Make sure of getting medical certificate(s) to show a valid reason in case you cannot attend before the court of Law .The reason is obvious,you have to proof before the court,its your medical condition (and your mom's) which incapacitated you to be present there.
Thanks dr.abhishek However, I merely included our medical stat
Thanks dr.abhishek
However, I merely included our medical status as an insight. It is not currently an actual legal issue.
Our concern is dealing with the manner of response needed in regards to their failure to comply with a complete response to our 3 requested forms of discovery.
Since my post I have discovered that they have merged an old closed account, with the disputed account (credit report). I am now suspecting they can not validate the disputed account, so they are trying to slip it in as part of the old and verifiable account.