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Waiting over 4 months for proof of debt

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  • 10-20-2008, 04:25 PM
    kaliska
    Waiting over 4 months for proof of debt
    My question involves collection proceedings in the State of: NY

    I am fighting a 10 year old alleged debt.

    Almost 5 months ago I received a bunch of questions (Interrogatories) from the Plaintiff's attorneys. I answered these questions and my lawyer also sent a series of questions to the Plaintiff's attorneys to which they have not yet responded to.

    I do not have a copy of the questions (asking for documentation) my lawyer sent to the Plaintiff's lawyers (I am planning on getting one soon), but wouldn't these questions and request for documents have to be answered by a certain deadline? The interrogatories I had to answer had a specific time limit on them (I think 30 or 60 days)....

    If they have not answered yet, what does it mean? If they had documents showing proof of debt wouldn't they have sent them by now? I am supposing that if they had proof they would be in a hurry to get paid....

    Thanks,
    K.
  • 10-22-2008, 02:08 PM
    Mr. Knowitall
    Re: Waiting over 4 months for proof of debt
    Ask your lawyer if they have answered the interrogatories and, if not, if he intends to bring a motion to compel answers.
  • 10-22-2008, 02:55 PM
    kaliska
    Re: Waiting over 4 months for proof of debt
    I have asked my lawyer what can be done and he won't bring the motion unless I ask him to and he also stated that it might be a waste of more money for me (which is really strange to say since this is his bread and butter so why discourage me from paying him more money). According to him we are in a holding period and nothing may come of it. Also, he is busy trying a case right now and I have a feeling he doesn't have time to talk to me about my case.

    My problem is that the judge already denied the motion to dismiss the case because my original answer stated lack of personal service - actually it stated that I was never served, that the Plaintiff acted with "unclean hands" and that I was denied the right to defend myself - at the time of the court appearance for the order to show cause I had no documents whatsoever since I was told that I had to wait 4-6 weeks before receiving the affidavit of service and other docs...So basically the judge said that in my original answer I should have claimed "defective service" which according to her definition is different from lack of personal service.

    My lawyer said that basically the judge is "nitpicking".
    I am wondering if I have grounds for an appeal in which case I have to act quickly.
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