Legal Question in Credit and Debt Law in New Jersey
Collections/next step
I answered a complaint and filed it with the court. the lawyers for the plaintiffs filed theirs also. we now have a court date in March 2007. and I also got a phone call after that from a paralegal in their office asking me questions. and I said to them I filed my answer I do not have anything else to say. my problem I received some papers from their lawyers told to answer interrogatories. and the info on the paperwork they are requesting dates back to when I had the credit with this company 1991-2002. I do not have any of that info now. its 2007. they said if I do not answer these interrogatories within 30 days a judgement will be held against me regardless of the trial thats already been set. my question is what do I do now? I'm not sure what way I go. I thought once I answered the complaint and a trial date was set. that was the end of it. we just wait and go to court. I never expected anymore papers or anything from these lawyers. I'll be waiting for a response from anyone who can help me. Thank You!!
3 Answers from Attorneys
Re: Collections/next step
Pretrial discovery such as the interrogatories that you received are governed by the Rules of Court. If you are not familiar with the Rules, you are running a greater-than-usual risk in representing yourself. In the current situation, if the interrogatories are proper and were served within the discovery limits, you must make certified, written answers to them. You might also have the right to send them questions of your own. If you fail to answer, the other party can move to have your answer stricken and will then obtain a default judgment against you.
A good rule of thumb for whether you should involve a lawyer is to ask yourself if you would care if you lost the case. By yourself, you are much more likely to make a crucial mistake or to walk into a trap. If that thought doesn't bother you, enjoy the experience of representing yourself. If you need to have a better chance of winning and you can afford the fee, you should have a lawyer look at your case.
See also: http://info.corbettlaw.net/lawguru.htm
Re: Collections/next step
You should really get an attorney as you getting deep into some dangerous waters. I try to help people on these boards as much as possible, but without seeing the paperwork and everything, I'd rather not dispense any legal advice for this type of issue.
My initial consultations are always free, so if you'd like to discuss the case further I may be able to help you more than I could here. You can call me at 732/247/3340.
Re: Collections/next step
It appears that you have received Interrogatories, which are questions that one party is permitted to ask of the other as a part of the discovery process. These are permissible in litigation. It really would be in your best interest to get an attorney. You could make a procedural or substantive mistake that could be fatal to your case. The best advice that anyone can give you at this point is that you need to get a lawyer.
Keep in mind that this advice is given based on the little bit of information that you have
provided in your question. My advice may change based on other information. Further, no one
can rely on advice from an attorney who has not been retained. You cannot rely on this advice
because we have not personally met and you have not retained me as an attorney. As previously
stated, you should immediately meet with an attorney for a full consultation before you take any
further steps. You may feel free to call me to discuss this matter in more detail. If you do so,
mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner