Next step? Motion to Dismiss

[debt tired]

What is the name of your state? GA
I received papers today from the attorney/CA that is suing me. I filed an answer, with my #1 defense being SOL. The date of last activity is September 2000. The papers I received today included - "Plaintiff's First Request for Production of Documents and Notice to Produce to Defendant, Plaintiff's First interrogatories to Defendant, and Plaintiff's First Request for Admissions". If I understand correctly, they are trying to get me to admit something so they can use it against me. My question is, I want to file a Motion to Dismiss based on the SOL defense, but do I have to answer the requests, interrogatories, and admissions before I file the Motion? They want me to "produce" documents supporting my defenses. Shouldn't they be the ones producing documents to discredit my claim of SOL?

[JETX]

Originally Posted by debt tired

My question is, I want to file a Motion to Dismiss based on the SOL defense, but do I have to answer the requests, interrogatories, and admissions before I file the Motion?

File both a 'Motion to Dismiss' and a 'Motion to Quash the Discovery' at the same time.

Shouldn't they be the ones producing documents to discredit my claim of SOL?

No... 'they' don't have to do anything until the hearing.

[debt tired]

Originally Posted by JETX

File both a 'Motion to Dismiss' and a 'Motion to Quash the Discovery' at the same time.

I researced the Motion to Quash and all I could find was for subpoenas, can you direct me to something for motion to quash the discovery?

[BelizeBreeze]

Originally Posted by debt tired

I researced the Motion to Quash and all I could find was for subpoenas, can you direct me to something for motion to quash the discovery?

Not to step on my hero (who's been a bit cheeky lately) you can read here the format of such a motion.

[url]http://66.218.69.11/search/cache?p=Georgia+motion+to+quash+discovery&fr=yfp-t-501&toggle=1&ei=UTF-8&u=moritzlaw.osu.edu/electionlaw/litigation/documents/MOTIONtoQuashDepositionNoticesMOTIONforProtectiveOrderwithBriefInSupportbyPlaintiffs.pdf&w=georgia+m otion+quash+discovery&d=Maj3EuxsOAHO&icp=1&.intl=us[/url]

OR your attorney will know how to file such.

[BelizeBreeze]

you also need to read the following.

[url]http://www.georgiacourts.org/courts/superior/rules/rule_6.html[/url]

[debt tired]

Thx BelizeBreeze and JETX. Your info has helped a lot. Another question, for my motion to dismiss, would my statement simply be that SOL has expired?

[JETX]

Originally Posted by debt tired

Thx BelizeBreeze and JETX. Your info has helped a lot. Another question, for my motion to dismiss, would my statement simply be that SOL has expired?

Pretty much. However, you really need to provide full information in your motion.. including the statutory reference to the SOL, the date of last activity on the account, etc.
Then follow up with the court to make sure that your motion is heard (and ruled) and if not done, then show up at the time/date set for the hearing and present your case in person.