Legal Question in Business Law in Georgia

received "defendants request for documents" They are asking for paid bills and receipts from building supply company and other subs from construction job done in 2003. I do not keep records that long and moved my office 2008 and got rid of files older than the IRS required period of 3 years. I obtained letter from company that bought out old building supply firm stating they have no records for 2003 and purge their systems every three to four years. I want to comply. I plan on sending opposition letter from building supply co and statement saying they have my permission to contact them but these records no longer exist. Anything else i should say? I am currently pro see and the plaintiff. Many Thanks


Asked on 7/21/11, 2:21 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You haven't said what the suit is for, but given that a Plaintiff has a burden of proof and you are being asked for records you have destroyed, it sounds like you may be in a sinking ship in your case. I would suggest that you sit down with a lawyer and review what you have already done, and what response you should make. Generally when something is unavailable the response is to say that (and possibly say why) but it sounds like these answers affect your case, so get some legal advice.

By the way, if you are running a business and destroying records after only three years, you are making a huge mistake. Since many suits can occur for periods before 3 years (for example some debt suits go back 6 years, and tax audits can go back more than 3), you need to revise your records policy after talking with a lawuer and CPA.

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Answered on 7/21/11, 4:03 pm


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