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Small Claims Questions

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TheNJBen

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

Hello, this is a continuation of a previous issue. I am being sued by an unscrupulous medical supply company and managed to delay the case to get my ducks in order. The delay is because in NJ the case has to be filed in the county where the defendant resides so my motion for transfer was granted. In a few days I will probably get a new court date.

That said here are my questions:
How would I obtain discovery from them? I have been asking them for months for a copy of my contract and bills. They also sent a letter admitted to billing issues. I see there is a motion to allow discovery but is that a motion just to allow me to ask for items or is that a motion to actually ask for what I want.

And the other question is that their complaint is factually wrong. Its probably just their collections rep rushing and being careless but is wrong. Just to sum up: I was prescribed device A. They originally delivered me device B and it took a few weeks but they finally replaced that with device A (and they are still billing me for the wrong device). Their complaint says that I was originally delivered device A (instead of B which they actually delivered) and then was replaced with Device C (yes a whole other device). I do not know how accurate a complaint has to be as to argue that would be a bit of a technicality.

Thanks!
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? NJ

Hello, this is a continuation of a previous issue. I am being sued by an unscrupulous medical supply company and managed to delay the case to get my ducks in order. The delay is because in NJ the case has to be filed in the county where the defendant resides so my motion for transfer was granted. In a few days I will probably get a new court date.

That said here are my questions:
How would I obtain discovery from them? I have been asking them for months for a copy of my contract and bills. They also sent a letter admitted to billing issues. I see there is a motion to allow discovery but is that a motion just to allow me to ask for items or is that a motion to actually ask for what I want.

And the other question is that their complaint is factually wrong. Its probably just their collections rep rushing and being careless but is wrong. Just to sum up: I was prescribed device A. They originally delivered me device B and it took a few weeks but they finally replaced that with device A (and they are still billing me for the wrong device). Their complaint says that I was originally delivered device A (instead of B which they actually delivered) and then was replaced with Device C (yes a whole other device). I do not know how accurate a complaint has to be as to argue that would be a bit of a technicality.

Thanks!
**A: please do not post a new thread. Post on your original thread to continue the string.
 

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