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  1. #1
    Join Date
    Apr 2009
    Location
    SFV,CA
    Posts
    10

    Default Sent Request for Discovery with No Response

    I am in California and being sued for an old Sears account by Legal Recovery Law Offices in San Diego.I sent them a request for discovery and received no response and it has been two months now.I sent it certified mail.One month ago the attorneys sent me a request for written interrogatories and I did'nt respond.What is the purpose of this and can I do something about them not responding to my request for discovery?They sent me a letter the other day giving me 7 days to respond or they will file a motion to compel my response.What does that mean?Cant I beat them to the punch somehow since I requested discovery and received no response?I really appreciate any help.Thanks.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Sent Request for Discovery with No Response

    You sent a request for discovery of WHAT? You have to ask for a copy of a specific document.

    You generally have 20 days to answer an interrogatory or file an objection to it.

    I take it this is a major claim? If it is small claims, there is NO DISCOVERY in small claims cases.

    You should have gotten a complaint and filed an answer. Then there should have been a discovery schedule issed by the court.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Sent Request for Discovery with No Response

    Their discovery violation wouldn't justify yours. If you filed proper discovery and properly served it on the opposing party, but did not receive a timely answer, you can bring a motion to compel answers with the trial court. You need to review the court rules for the court you're in, and make sure that your actions comply with the rules.

  4. #4
    Join Date
    Apr 2009
    Location
    SFV,CA
    Posts
    10

    Default Re: Sent Request for Discovery with No Response

    Quote Quoting Mr. Knowitall
    View Post
    Their discovery violation wouldn't justify yours. If you filed proper discovery and properly served it on the opposing party, but did not receive a timely answer, you can bring a motion to compel answers with the trial court. You need to review the court rules for the court you're in, and make sure that your actions comply with the rules.
    I sent them a request for discovery but I did'nt file anything with the court.Was I supposed to file with the court before I sent a request?

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