Interrogatories To Defendant~Please Help!

What is the name of your state? Maryland

Ok, I posted here about a month or so ago about a summons. My husband has now received a packet of "Interrogatories To Defendant". The attorny also sent us a copy of a Motion to Postpone, b/c he has other trials that date. I contacted the court about the Interrogatories, and they told me I could file for a 30 day extension, which I did. The attorny replied to it, giving us 25 days to answer. We have been trying to find legal assistance, to help us understand these questions, but cannot afford the fees the attornies are asking. It seems to us that the attorny is just fishing to find out what we are going to say in court so they can already have a response to it. If anyone would help me answer these without us giving them too much information, I would greatly appreciate it. You can email me through here, or at [email]ldmcdon214@cablespeed.com[/email]

Our defense is that the SOL has expired, but they tell us we are wrong about that also.

Any help is GREATLY appreciated!
Dawn

[JETX]

And EXACTLY what was the plaintiffs response when you hit them with a Subpoeana Duces Tecum requesting copies of ALL documents (in order to determine the ACTUAL SOL)??
And/or YOUR pre-trial discovery documents (interrogatories, admissions, etc.)??

[bigun]

I'd agree with Jetx. One good turn deserves another. Drop a set of "rogs on their azz. Here's some that gave Arrow a bellyache.

[url]http://www.ctd.uscourts.gov/Opinions/102902.PCD.Coppola.pdf[/url]

JETX,

What is a "Subpoeana Duces Tecum requesting copies of ALL documents (in order to determine the ACTUAL SOL)??"

When we filled out the summons intent to defend, we listed "SOL has expired according to Maryland law" as our defense. The lawyer sent this response, along with the Interrogatories:

"I have received a notice from the court advising that you intend to contest the above referenced lawsuit based on "SOL has expired according to Maryland law". I believe you are mistaken about the statute of limitations having expired. Because this is considered a sale contract, the statute of limitations is four (4) years, not three (3) years."

I had previously requested copies of any and all documents from American Investment Bank b/c they claim they sent out the appropriate documents (letting us know about the auction of the van and then the balance owed). They never sent us anything. They informed me that they will not send us anything, that they will just give them to the court.

We had all intentions of handling this ourselves, mainly b/c we cannot afford an attorney & do not have time to go through the process for a legal aid attorney. However, this situation seems to get more confusing with every twist and turn. Right now, the court date is set for July 1st.

Thank you for all you do to help people like us!!

Dawn

[bigun]

This is an auto repo? When {if you recal} did you last pay the orginal creditor?

According to my husbands credit reports, the date of last activity is 11/99 on one 01/00. I do not know the exact date, but I know we turned the van in at the dealership, per the banks request, in Jan or Feb of 2000. I just spoke with the courthouse, and they told me I could come in and subpoeana the bank for all documents concerning the van from the date of purchase to present date, so I am going to do that today. However, I still have to answer these interrogatories and get them in the mail today. I guess I just have to do it the best I can. If there is questions I don't understand, can I simply reply with "I don't understand"?

Thanks so much!
Dawn

[bigun]

OK, he {the lawyer} is making a claim under the UCC which has a 4 year SOL. According to this NJ appeals court, the SOL starts when the account first defaults and not, when it's repoed.

[url]http://lawlibrary.rutgers.edu/courts/appellate/a3166-00.opn.html[/url]

Footnote: 1 1A suit for failure to pay on a transaction for goods accrues under § 7-725 on the date the payment is due. James J. White and Robert S. Summers, Scope of Article 2 Warranties, 1 U.C.C. § 9-1 at 478 (4th Ed. 1995). In this case it is undisputed that defendant breached the agreement at some point before March 21, 1995, when he surrendered the vehicle to FMC.

I think you still have an SOL argument if they sued over 4 years from the last payment.


I'm sure Jetx will check in shortly but, just something to the affect that you lack sufficent knowledge or understanding of the question should suffice.

BTW, here's the passage where Footnote 1 is referenced.

Article 2 of the Uniform Commercial Code (U.C.C.) applies to "transactions in goods." N.J.S.A. 12A:2-102. Article 2's statute of limitations, § 2-725(1), provides that "[a]n action for breach of any contract for [the] sale [of goods] must be commenced within four years after the cause of action has accrued." A cause of action accrues "when the breach occurs . . . ." § 2-725(2).See footnote 11

GRRRRR....ok, I have just spoken with the Plaintiffs attorney. She is telling me that the date of last activity is April 2000 (when they auctioned the vehicle and posted what they got for it to the account ~ "that's considered a payment" she said). That is why they are saying the SOL was still in tact, cause they filed the lawsuit March 2004. This is sooo confusing. She also said that just answering the Interrogatories was not good enough and that we HAVE to follow each rule to the letter. Hell, there's 2 pages of rules alone.

In the meantime, we also went to the courthouse and filed a supoeana for all documents AIB has on this account. They also gave us papers that we can fill out for a motion to dismiss, due to SOL being expired. But now I'm not so sure if I'm right or they are.

Thanks Again,
Dawn

[I AM ALWAYS LIABLE]

My response:

Look, your unstated purpose of all your questions is because you don't know what you're doing, and you're hoping someone here can "guide you" or "represent you" through this maze, and teach you the law.

It's not going to happen.

IAAL

Originally Posted by I AM ALWAYS LIABLE

My response:

Look, your unstated purpose of all your questions is because you don't know what you're doing, and you're hoping someone here can "guide you" or "represent you" through this maze, and teach you the law.

It's not going to happen.

IAAL

I would never intentionaly be disrespectful of someone, but I thought the whole point of this board WAS for people who don't know what they are doing and are in need a guidence. I'm not asking anyone to "represent" me. Simply asking questions from those who have a better understanding of the law. Just like thousands of others on this board. There is no need to be so hateful when responding to a post that you didn't HAVE to respond to.

Dawn

[I AM ALWAYS LIABLE]

Originally Posted by ldmcdon214

I would never intentionaly be disrespectful of someone, but I thought the whole point of this board WAS for people who don't know what they are doing and are in need a guidence. I'm not asking anyone to "represent" me. Simply asking questions from those who have a better understanding of the law. Just like thousands of others on this board. There is no need to be so hateful when responding to a post that you didn't HAVE to respond to.

Dawn

My response:

Hateful? Get a grip, will you?

We'll answer one or two questions concerning a subject, but you're overstepping your bounds. You need representation. We can't "live" with you through your entire litigation process.

IAAL

[bigun]

Dawn,

You need to do a bit of research yourself. Now, if they're making a stand on the UCC, I think they're screwed. I just did a plain old google search using article 2 of the uniform commerical code. and got the following:

[url]http://www.law.cornell.edu/ucc/2/2-725.html[/url]

1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

Here's a site that offers some leads on free legal help in Md.

[url]http://www.peoples-law.info/Home/PublicWeb[/url]

Most of my replys were answering questions posed from others on the board. But I'm not going to argue with you over my posts. I post them to get advice from those who have better knowledge than I do in this situation. And as far as needing representation...that's a no brainer!

Dawn

Bigun,

Thank you for the links. I have been researching all day, but obviously the wrong way. I do appreciate all your advice and comments you have given me.

Thanks So Much!!

Dawn