JDB missed interrogatories deadline

[rooster0330]

They have missed the 30 day response time frame, to answer the interrogatories that I sent to them. What happens now? I am very hesitant to start sending them motions compelling them to answer or filing a MSJ, I am kind of thinking let sleeping dogs lie, or is this wrong?

Our court date is September 13, a month from now, what can I expect, until then, would the JDB actually maybe send me a letter stating that they are not pursuing this? or would they go to court, with no back up documenation? They obviously at this point do not have any of the documents I requested!

[catleg]

They would go to court and hope you don't show up. At that point it might get dismissed for lack of evidence or they might be granted judgment depending on the judge.
You can force the issue by filing a MSJ saying that plaintiff has defaulted by not responding to rogs and cannot produce affidavits backing up their case.

[AngelinaCatHub]

I would send the Court a Motion to compel. If you do not, it is like you have given them permission to default on your legal action. At least the judge will know you are interested in denying that debt.

If they again miss that date, be sure to show up and address this to the Judge that you have had not response from the Plaintiff and that you desire a dismissal with prejudice. Judges kinda don't take kindly to those who misuse the system and just may give you a dismissal or sanction the Plaintiff or both. 'Hub

[catleg]

Just for the record in case anyone in NJ is in this situation in the future, the process involves filing this form:
HOW TO FILE A MOTION TO DISMISS THE COMPLAINT OR TO STRIKE
THE ANSWER FOR FAILURE TO ANSWER INTERROGATORIES IN THE
SPECIAL CIVIL PART

But first you have to send the opposing counsel a letter warning them they are in default of answering the rogs.

[keepsmiling]

Stupid questions probably:
IF it gets dismissed, then what?
I assume some other JDB buys it and the process begins again? Or is it possible that it's gone for good? Are there 1099 implications or would you have to have another court date to deal with those?

[ttg1]

I am very hesitant to start sending them motions compelling them to answer or filing a MSJ, I am kind of thinking let sleeping dogs lie, or is this wrong?

Where are you in the process? What is this a hearing for? MSJ? A trial?

[Bell30656]

I believe that by failing to answer the interrogatories they are admitting them. Go to the courthouse and pull up some other of this type cases. Look for a Motion for a Summary Judgement based upon admissions by failing to answer interrogatories.

A JDB filed a motion for summary judgement against me claiming that I had not sent an answer to their interrogatories. I filed an objection to the motion and when the motion was heard in court, I claimed that I had not received the interrogatories. The JDB had not filed them with the clerk of court, either. Their motion failed but I was served the interrogatories in open court.

It was actually just a stall for me as I was planning to file bankruptcy. I did find out that the JDB just hired some local attorney that knew nothing of the case. He had only received a fax and a payment the day before on the case. He got his ass handed to him. He kept trying to assert that I had admitted all the statements in the interrogatories by failing to answer them and his client deserved a Summary Judgement. However, he couldn't produce a stamped copy from the court or service to me. All he had was the interrogatories and an affidavit of mailing.

[ttg1]

I believe that by failing to answer the interrogatories they are admitting them.

In my state that is untrue. Failing to answer is failing to answer and nothing more. The person can be held in contempt for failing to answer, but failing to answer the rogs is not an admission to the facts anymore than failing to answer the summons is an admission to the facts.

He kept trying to assert that I had admitted all the statements in the interrogatories by failing to answer them

Attorney's claim all sorts of things which are untrue. They are under no obligation before the court to get the law correct. That's the judge's job.