need help with motions
Date: Fri, 10/01/2010 - 06:16
any help is appreciated and thanks in advance
Quote:Originally Posted by jaime gomesHelp please. I have sent d
Quote:
Originally Posted by jaime gomes Help please. I have sent discovery to law firm of dc. their response time has expired. my belief is that they have no proof of their claim, since in my discovery I requested debt validation and other document requests to prove their case. I initially answered their discovery with the appropriate responses and objections I found through this site and my personal research. between the time frame of my discovery they filed a motion to compel, which I assumed needs to be court ordered, which was not on the copy of what they sent me (judges signature). my question is that should I also file a motion to compel, or should I proceed with a motion to dismiss, based with their failure to comply with civil procedure and proof of their claim. any help is appreciated and thanks in advance |
I would file a motion to dismiss
I wouldnt.... You need the court to take you seriously. There
I wouldnt....
You need the court to take you seriously. There is an established procedure for this--that is why they have the "motion to compel discovery" in the first place. I would file the motion to compel, stating that they have not responded at all within the time frame required by your state's civil procedure. If you do that and they still do not respond, or if they cannot respond with anything that actually proves their claims, then you motion for dismissal with prejudice. Whatever they do respond with, be sure to let us know--it is common for them to provide things like affidavits which are actually not even admissable in court under the hearsay rule. If they do that and you do not object to it on proper grounds, then the court will allow it as evidence against you.
