Responding to Motion to Compel

[carolinagirl23]

What is the name of your state (only U.S. law)? NC

I've been fighting with a junk debt buyer over a credit card that they purchased for pennies for a year and a half. We're in discovery now. About 3 months ago, they sent me their 2nd request for admissions and documents. I was going through some health issues at the time (and had been hospitalized at one point) and totally missed that coming in the mail (it was sent regular mail, no delivery confirmation). I did eventually respond to their request, however, it was late. I responded to the best of my knowledge, and as far as their documents, they either weren't relavent or weren't available and I said that in my response. I've recently received a motion to compel request from them and just received a court date for that motion. They stated my responses weren't adequate. I have nothing else to say or give to them. So how do I procede?

1. Do I submit a request to deny their motion to compel based on the fact that I did send in the information?

2. Do I contact their attorney to find out specifically what they want from me in order to avoid having to go to court?

3. As far as the court date, it's also on a date that's impossible to make because of work obligations. Do I request a continuance? Do I do that alongside either of the above options? The court date is in about a month.


It's amazing to me how junk debt buyers operate. Upon researching them, this one in particular, they really just get by under the law and it's crazy to me. I've been fighting them with the hope they'd just give up, apparently most people don't fight and they win by default. But, it doesn't appear they are giving up in this case. I plan on filing bankruptcy in the next few months anyway, so it'll likely just go under that, but I don't want to deal with a judgement in the meantime. Anyway, any advice is greatly appreciated.

 

[tranquility]

Before the motion to compel, the other side's attorney needed to "meet and confer" with you. (Well, at least they have to try.)

I'd call the attorney.

While "junk debt" is a pejorative, it relates to what people owe, but is not worth the original creditor's time to collect. Get over the prejudice. You're in court now. The end result is called a "judgment".

 

[dewyd]

Responding to a Motion to Compel

carolinagirl23;

1. Do I submit a request to deny their motion to compel [MTC] based on the fact that I did send in the information?

Reply: Did they state in their MTC their grounds why your responses did not comply with their requests and or the discovery rule?

2. Do I contact their attorney to find out specifically what they want from me in order to avoid having to go to court?

R. If they stated why your responses were inadequate in their MTC, you should already know. But if you call and ask followed up by a "good faith letter" to their atty. trying to resolve the conflict before the hearing date, it can only help your cause at the hearing.

3. As far as the court date, it's also on a date that's impossible to make because of work obligations. Do I request a continuance? Do I do that alongside either of the above options? The court date is in about a month.

R. I would call the atty. as stated above and try to resolve your questions, ask to set a another hearing date. If you can resolve the discovery dispute w/o court intervention, there would be no need for a hearing, lose a days work, or fear of atty.'s fee's if you lose out at the hearing. But if your responses were given in good faith and you don't have them, then you should be okay.
But, if the "requests are likely to lead to the discovery of admissible evidence" and you have access to those records/documents, then you most likely have to at least make a good faith attempt to produce them.
I don't know how much money is involved here, but if a good amount, you might want to schedule a court reporter for the hearing just for the record in case you lose and want to appeal something.
I don't think the court would grant a continuance based on the fact you have work obligations, most people have work obligations everyday. There would be no court hearings if they granted continuances on that basis/theory. You could call and ask the Judges JA for a telephonic appearance for the hearing, if the Judge would allow it?
Good luck.

 

[davidmcbeth3]

you can file an objection to their motion /// state what ever you want to. You should have filed an objection to their discovery requests for items you did not want to provide for whatever reason (relevancy etc), not just added this note in you discovery response. you can also file a motion to strike & memorandum of law in support of the motion to strike if they did not attempt to resolve the document issues prior to filing a compel motion. the missing it in the mail issue-i would not plead that, you got it but ignored it until the last minute it looks like.