How to Conduct Discovery in a Collections Lawsuit

[danpride51]

Hello Adjusterjack,

Well, it has been over a month since the lawsuit trial and we still haven't heard anything from the court or from the plaintiff's attorney. I called the judge's clerk this afternoon and they have not received the affidavit with the detailed amount for attorney's fees being requested. Is there a time limit regarding how long an attorney's office can drag this out? My concern is the longer it takes for the final judgement to be recorded, the more money we will owe in interest. I called the attorney's office requesting a payoff amount in hopes of avoiding a judgement altogether but the employee said that a final amount hadn't been prepared yet. Do I have any options other than just waiting?

Daniel

[adjusterjack]

I don't know if there is a time limit for filing the attorney fee affidavit but the judge gave him 30 days to file it and he hasn't.

You might consider filing a motion for sanctions (like denial of attorney fees) for non-compliance.

I don't think interest would accrue during the delay but you can always dispute it later.

[danpride51]

I confirmed with my wife that the judge did give the plaintiff's attorney 30 days to submit the affidavit and he has violated that order. I also did not receive a return phone call from the attorney today after requesting a payoff amount yesterday. I have been searching for samples of a motion to file sanctions for non-compliance but was unable to find one which would be extremely helpful considering I will be drafting the motion myself. Do you know where I can find a sample/blank form? Once drafted, would I just need to take the motion to the court and submit or would I need to have a copy sent to the attorney as well? You have helped my wife and I beyond measure and I am truly grateful for all of your assistance.

Daniel

[bcr229]

Bear in mind "30 days" in a court order can mean business days not calendar days for filing a response. If your case was heard on 12/11 then 30 business days wouldn't have passed yet, you need to take out weekend and holiday days.

[Mr. Knowitall]

Unless the court specified business days, the measurement is in calendar days. See the Utah Rules of Civil Procedure, Rule 6.

[danpride51]

The judge did not refer to business days with the deadline.

[danpride51]

Hello Adjusterjack,

I have been in contact with the judge's clerk in order to confirm the 30 day time limit for the affidavit for attorney's fees. I am still waiting to hear back before I draft the motion for sanctions. If the judge is reminded of the 30 day order, could/would he impose sanctions on the attorney himself?

Daniel

[Taxing Matters]

I think it unlikely that the court would impose sanctions over this. The attorney is mostly hurting himself by not getting it together and submitted; he doesn't get paid until he provides the information needed. You may file the motion for contempt if you wish. The likely result of that would be first a motion to show cause, and in the end that would probably result in the lawyer submitting the affidavit, not sanctions.

[danpride51]

After numerous phone calls to both the judge's clerk (which went unanswered) and the plaintiff's attorney, a settlement was reached and paid. The attorney agreed to send a motion to dismiss the case but I still fully intend on filing a complaint with the Utah BAR for immoral/unlawful conduct. Once the case has been officially dismissed by the court, is there any other recourse the plaintiff's attorney can take in response to the BAR complaint?

Unprofessional conduct, not unlawful.