What kind of written response should I send, after discovery has been made, in my lawsuit?

Question

I have a lawsuit against me over credit debt. They have sent me some proof of discovery. I need to prolonged this a little longer without a judgement being made against me. So I need to send another letter to give me some time.

Answer 1

You can go to a local law library and look up what needs to be filed and in what form in the rules of civil procedure for your state.
Be aware that an extension of time to respond may not automatically extend your right to objection and exclusion.

"and allow them to be your agent in negotiations with the creditor. This will also accomplish the delay you seem to want."

You can negotiate all you want, but that isn't going to extend your time to respond.

Answer 2

The purpose of discovery is for both sides to find out the facts of each others case. Ideally, the two sides begin to negotiate a settlement based upon the mutually revealed facts uncovered in the discovery process.
It sounds like you are not disputing the claim against you and you don't say why you want to delay the action. My suggestion, if this is just a credit debt action, is to contact a credit counseling center near you and let them negotiate with your creditor for you. The whole purpose of the ccc is to take the pressure off the debtor and allow them to be your agent in negotiations with the creditor. This will also accomplish the delay you seem to want.

Answer 3

Without going over the court rules in your county/state I can't give any decent advice.

All I can ask is what the reason is you need to hold off on a judgement. You should be aware that yes, you can probably file for more motions and discoveries, but all that will do is piss off the judge. Especially if these filings are frivilous.

Answer 4

While I'm unclear what you mean by the term "proof of discovery" let me give you some pointers that might help.

Discovery is defined by the Blacks Law Dictionary as "The act of finding or learning something that was previously unknown... "disclosure, at a partys request of information that relates to the litigation."

Discovery is propounded (compiled and sent) on the party in the litigation in various means, such as, Form Interrogatories, Special Interrogatories, Request for Production of Documents, Request for Admissions, and Depositions (the most commonly known to the General Public).

In collection litigation, your type of case, most likely you rec'd request for documents, form interrogatories and special interrogatories. Each state has a law about the proper service of those documents and the time you must respond. In California you must respond to general civil litigation discovery thirty days after its been propounded against you, plus five for mailing.

This means you can't NOT answer the discovery. However, in California you can call the other side and tell them you need more time to respond for x reason. They may or may not grant you an extension of time to respond. If you are granted an extension of time make sure to confirm that in writing.

Failure to respond to the discovery as propounded could have a severe negative impact on your case!

Responding to discovery is part of litigation. You should read about discovery at www.findlaw.com and do basic internet research for the state you are in to see examples that have been published.

I URGE you to seek an attorney's assistance in helping in the preparation of your responses. Some attorneys may provide you with assistance without becoming part of your case, by consultation. Also send them a copy of what you have rec'd so they can determine if in fact you are in discovery and not about to be in default judgment or another situation. Remember time is always of the essence.

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NOTE: The above is NOT legal advice. The above should NOT be considered legal advice. The above is merely an attempt to provide a general overview response to a question based on personal knowledge and should be considered anything else. Only an attorney at law can provide you with legal advice. Please seek consultation for a local attorney in your area to learn about the specific laws that apply to your case.