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Order granting Plantiff's motion to compel discovery

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steelersbestgal

Junior Member
What is the name of your state (only U.S. law)? Florida
I am being sued for a private education loan ($40,000). I received an "Order granting Plantiff's motion to compel discovery" The letter states that I have 20 days to respond to the Plantiffs request to Production and answer the Interrogatories. What happens if I ignore this order?
 


TigerD

Senior Member
The result of refusing to follow and order from the court can range from nothing to jail time. Judges do not like to be ignored. You really should answer the questions honestly and completely.

DC
 

seniorjudge

Senior Member
The BEST thing that would happen to you is that a judgment will be entered against you without further notice to you.

The WORST...see dc's post.
 

steelersbestgal

Junior Member
DC Signature response

Pay your bills on-time. That is nice if you have $40,000 laying around! I have not worked for 2 years thanks to a **** economy.

Bought a newspaper - rich *******

Next time just answer the questions and keep your judgement to yourself!
 

Chien

Senior Member
Since you put it so appealingly, perhaps you’d prefer to work it out for yourself. For there to be an Order granting a Motion to Compel, you must have already ignored the discovery, ignored a “meet and confer” (to obtain compliance) and ignored the Motion to Compel. You’ve handed them grounds for Summary Judgment and a judgment that will include the additional expenses of getting you to that point. They’re happy. You don’t care. Why be concerned now?

RULE 1.380. FAILURE TO MAKE DISCOVERY; SANCTIONS
(b) Failure to Comply with Order.
(1) If a deponent fails to be sworn or to answer a question after being directed to do so by the court, the failure may be considered a contempt of the court.
(2) If a party or an officer, director, or managing agent of a party or a person designated under rule 1.310(b)(6) or 1.320(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under subdivision (a) of this rule or rule 1.360, the court in which the action is pending may make any of the following orders:
(A) An order that the matters regarding which the questions were asked or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order.
(B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence.
(C) An order striking out pleadings or parts of them or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part of it, or rendering a judgment by default against the disobedient party.
(D) Instead of any of the foregoing orders or in addition to them, an order treating as a contempt of court the failure to obey any orders except an order to submit to an examination made pursuant to rule 1.360(a)(1)(B) or subdivision (a)(2) of this rule.
(E) When a party has failed to comply with an order under rule 1.360(a)(1)(B) requiring that party to produce another for examination, the orders listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows the inability to produce the person for examination.
Instead of any of the foregoing orders or in addition to them, the court shall require the party failing to obey the order to pay the reasonable expenses caused by the failure, which may include attorneys’ fees, unless the court finds that the failure was justified or that other circumstances make an award of expenses unjust.
 

TigerD

Senior Member
Pay your bills on-time. That is nice if you have $40,000 laying around! I have not worked for 2 years thanks to a **** economy.

Bought a newspaper - rich *******

Next time just answer the questions and keep your judgement to yourself!
My response was:
The result of refusing to follow and order from the court can range from nothing to jail time. Judges do not like to be ignored. You really should answer the questions honestly and completely.

DC
Where was the judgment?

As for my personal financial position, I have busted my butt for years and done without a lot of things to get where I am. I am not going to apologize for it.

DC
 

Antigone*

Senior Member
My response was:

Where was the judgment?

As for my personal financial position, I have busted my butt for years and done without a lot of things to get where I am. I am not going to apologize for it.

DC
DC, this is just another example of some who has handled their affairs irresponsibly and doesn't want to take any personal responsibility.

It shouldn't surprise us anymore (but it does - and it really irks the heck out of me) that people come here get the truthful answers, don't like what they hear, get ticked off, and take it out of us.

I guess we just need to be more compassionate with these debtors, agree to take away all their problems, pay their bills for them, and lead them on the way to the end of the rainbow. :rolleyes:
 

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