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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38772
Experience:  Run my own successful business/contract law practice.
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I am in need of more time, I have till tomorrow to Comply with

Resolved Question:

I am in need of more time, I have till tomorrow to Comply with a court order. I do not want to give all this info, Bank records, Cell phone ect
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

How specifically can I assist you? What is the background of your situation? What do you hope to accomplish?
Customer: replied 1 year ago.

I am looking for more time. I do not want to hand over the information they are asking for as the clinets will just use that information to Steal my clients and make even more money than they have, Also, I am looking to preserve my right to continue my lawsuit against them. I have a counter claim they know i will win, but since i have spent almost $50,000, i am out of money and they know it, so they are now pressing me for the info

Expert:  Dimitry K., Esq. replied 1 year ago.
Chris,

Who is the 'they' you are referring to? Is there a court order in place deamnding that you turn over the information? What specifically are they requesting and what is the underlying cause of action--what are you being sued for?
Customer: replied 1 year ago.

Thsi is the email from the attorney:


 



As you know, you are required to produce certain documents pursuant to court order. In fact, the production is now overdue. In an effort to assist you in gathering what we feel are the "critical documents," below is a brief list of what we would prefer that you produce immediately. Of course, this does not mean that you need not produce the remainder of the documents requested back in September (37 categories) and May of last year (40 categories), but get the following to me in the next week:

- All cell phone / land line records for the past 4 years;

- All bank account statements for the past 4 years;

- All Google Check Out / PayPal / or other merchant services records for the past 4 years;

- All records evidencing payments, income or fees for the past 4 years;

- All communications (including e-mails) referring or relating to work performed for the past 4 years;
.



Expert:  Dimitry K., Esq. replied 1 year ago.
Chris,

I see--I am assuming this was requested via discovery. The requests appear reasonable. Other than your concern that these documents would be used as a means of interfering with your business, do you have any other objections? Or you just do not want to give up the information?
Customer: replied 1 year ago.

I have lots of objections. Get to the heart of the questions and stop stretching this out so you make money.

How can i stall or delay the inevitable. These are not reasonable.

Expert:  Dimitry K., Esq. replied 1 year ago.

Chris,

My apologies, I am not attempting to stretch it, I was simply trying to understand as much as I can before I could find grounds to object. Discovery, as a rule, can only be objected to if the scope of the information is unreasonable or otherwise beyond the cause of underlying suit. You haven't told me what the suit was about so I am going to have to guess that it has something to do with your business, such as a breach of contract or a breach of promise. In that situation their demands for business records, if those records somehow relate to the cause of action are absolutely reasonable and you cannot contest it. If they worked with you, or you were involved in some sort of a professional relationship with them for the 4 years, their 4 year request is likewise reasonable. If they were only with you for 6 months, for example, then you can potentially seek to minimize the scope to 6 months, but you would still be bound to provide them with records.

Failure to do so would be potential contempt of court. In that situation the judge may award them attorney fees for pursuing your records, admonish, fine, or even jail you, or state that their version of the facts is what is valid since there is no evidence on your end to disprove their facts as you failed to provide records. I apologize for the unwelcome news, this is why I was asking for more information from you as based on your initial facts they have the right to all of the records listed as they would all relate to their cause of action. If any of my assumptions are incorrect, please let me know so I can re-evaluate, but so far I see no basis to contest other than potentially on the size and scope of the request.

Good luck.

Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 38772
Experience: Run my own successful business/contract law practice.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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Run my own successful business/contract law practice.