Interrogatories received after answering a summons

[rooster0330]

HI, a quick question, I just received interrogatories to an answer that I submitted for a summons...

Is the next natural step after I submit my answers to this discovery there filing for a Motion for Summary judgment? I am going to wait until the last possible minute, we are filing chapter 7 in August, so I am just buying some time.

Also, does anyone know where I can find how to answer these questions?

Thanks!!!

I am in New Jersey if that matters

[AngelinaCat]

You might want to go to nolo.com and see about purchasing the downloadable form of their book on representing yourself in court. They also have a very helpful website that you can search through. For instance I just searched on the term 'interrogatories' and got the following list of articles:

http://www.nolo.com/nolo/search.html?searchBox=interrogatories&submit.x=0&submit.y=0

Good luck to you!

[catleg]

I am surprised that in NJ they did not move for a quick summary judgment.
Is this special civil part or regular civil court?
If you're stalling you've probably got the right idea.
What did they ask in their rogs?
Are they trying to get info about where you work and bank so they can collect on their judgment easier?
Personally I would use the opportunity to shoot back some rogs/discovery at them, original contract, last 3 years of statements, copies of all charge slips, etc.
Would it work? What the hell do I know. I never made it this far.

[treehugger1]

When I was sued on my chiti accounts, the attorneys sent me some interrogatories asking about banking, stock, and other accounts. Since I knew I was going to let the default judgment occur, I wrote a simple letter to the attorney and stated that when they had a legal right to such information, I would share it with them. They went on to get their summary judgments (two accounts) and I never heard from them again! They have not even attempted to garnish my wages. About the same time, chiti got their $40 billion from the government along with some other untold massive amount from some Middle East country. I guess I must have been in some kind of sweet spot and my judgment dropped off the immediate radar.

Catleg is the caesar of NJ, so he may have even more to add. Personally, I would not share anything about my personal finances unless a judgment was granted. That's just me. Perhaps the next step is a motion for summary judgment. You should probably do a bit of research (due diligence) into NJ rules of civil procedure and determine what your responsibilities are. I'm guessing that you were first served, and then you answered the plaintiff's complaint. At that point, you agreed to "play by the rules," whatever they are. I suppose that failure to supply some kind of response to their rogs could find you in contempt, or will automatically lead a judge to sign off on a motion for summary judgment. As always, I am no attorney and NJ is on the other side of the continent; different rules dependent upon geography.

[rooster0330]

it's special civil part, and no, no personal information whatsoever just questions like, what is the basis for my defense, what factual knowledge do I have that I can defend this, have I ever complained about the goods or services I received from the plaintiff...a few more questions like these!

I am going to call the courthouse again this morning, I really just need to find out how long do I have to answer these, also a curious thing, they never sent me a TAN (tracking assignment notice), and according to court rules, they should have sent it. This would also let me know how long to answer these.

[catleg]

I'm not sure what a tracking assignment notice is, but it may not apply in special civil part, as there are no tracks (except the track for the guillotine blade to fall on your neck :-)

Is this an OC or a JDB suit? Sounds like the latter.

[rooster0330]

JDB, never listed the OC at all, if I didn't do the research and put two and two together I would have never known who it was! They never sent a letter stating they now hold the debt etc! So, I think I am going to just answer as I did with the summons, with I have no idea who these people are! Like I said if I wasn't putting it together, I still wouldn't know who the OC was/is!

From my research a tracking notice is when they tell you which "track" your case is on ie. 1, 2, 3, etc...and that dictates when the answers are do. And from what I researched it said it did apply to the civil part! I don't know, like I said I am just trying to buy some time, so I can file.

[catleg]

OK, I get it now. So you just need to deny, deny, deny everything and make them produce documents.
Object to any affidavits they may provide as hearsay.

[ryan]

it's special civil part, and no, no personal information whatsoever just questions like, what is the basis for my defense, what factual knowledge do I have that I can defend this, have I ever complained about the goods or services I received from the plaintiff...a few more questions like these! .....

It's interesting that they call that an 'Interrogatory.' I thought you were talking about having to list all your bank accts, tax returns and employer information, etc.

[catleg]

It seems the suit is by a JDB so they are trying to get him to hang himself, in NJ if you're an OC you'd just go for the slam dunk summary judgment motion at this point. The special civil part even has a special rule concerning "business records" making it easier for creditors to prevail. (i.e. "business records" are presumed to be accurate but apparently JDB doesn't even have that).

[IamOld]

ANd I always thought NJ was more debtor friendly being in the NE...but then again, it is, NC, TX, SC etc where you can't garnish paychecks...

[catleg]

NJ is among the worst. NY pretty much the same, along with most of New England.
Pennsylvania at least has no wage garnishment but they seem to go after personal property a lot.
All these states at one time had strong usury laws but those have been swept aside by the supreme court decision in the 80's allowing national banks to charge South Dakota interest.

[IamOld]

THanks Catleg - exactly - I remember when CT had a MAX!!!! interest rate of 12%

If COngress had any...chutzpah they'd bring back usury laws - how about say, no more than 10% plus Fed Funds rate with a max of say 12%? Now THAT would take a bite out of bankruptcies, etc...but what planet am I on, right?!

[DYLAN150]

IamOld: I remember at one time in Washington state the highest rate was 12%. Now I don't even know.

[IamOld]

RIght dylan - today it doesn't matter...they just "export" the rates from SD or NV...