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Expert: Creditwrench - 6/9/2009


Question
I was given 15 days by the Plantiff to answer the interogatives. What is the legal time allowed? I replied in approximatly 24 days. Plantiff filed for Summary Judgment court date set June 16,2009. That's why I need to know the legal time allowed by law. Thanks!

Answer

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I can't tell you what the legal time allowed to answer interrogatories might be because each state has it's rules of procedure and you didn't tell me what state you live in. Even so, I still wouldn't tell you because you need to do your own research and you do that by looking up your state rules of civil procedure. You can probably find then very easily by using Google. If not you may need to visit your local law library. I can give you a general idea based on the fact that most states allow 30 days to respond. Some allow defendants 45 days to respond while allowing only 30 days for plaintiff's to respond. Others say that the respondent has 30 days to respond but if the respondent has not answered within that 30 days the requester then has to phone the respondent and ask when the response can be expected and then give them an extra 10 days before a motion to compel or motion for summary judgment can be filed. So you see, it all depends on what your state and local court rules of civil procedure has to say. Most states say 30 days as a minimum so it would seem that the lawyer in your case is trying to make up his own rules and get the court to enforce them. I think that if the lawyer is attempting to make his own rules his rush to judgment should be strongly objected to. If he is attempting to make his own rules I would be tempted to also file a motion for sanctions in order to amend his bad behavior. Hope that helps.

Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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