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I live in Texas. I was served with a credit card lawsuit on May 22, 2009. A request for adminssions was attached to lawsuit. 1. I filed my answer as a general denial before the 20 day deadline to file an answer. The court received my answer. 2. I missed the the 50 day deadline to respond to the plantiff's discovery questions (request for admissions). My questions: 1. What happens now? Is there a court date? I have not heard anything? 2. Can I still request for a production for copy of original contract from plantiff?
State/Country of Question: Texas
DearCustomer- If the plaintiff has not filed anything you can still answer the request for admissions. The way it works is that after the time period for answering admissions they are deemed admitted but if the plaintiff doesn't file a motion summary judgment based on the admissions then the court s will generally accept the defendant's answers if filed before the plaintiff's motion.
If you can get these filed immediately you might still be able to continue the case and file your request for documents. There is no court date until the court sets one but you need to get your filings done to keep the case alive. If the plaintiff files the motion for summary judgment you will likely lose at that point without any court hearing.
When you answer the request for admissions you can simply say "Defendant denies for want of knowledge" on the questions that ask "Do you admit that you owe $$$?" Obviously you should admit to questions about your name and address but do not admit that you ever signed any agreements otherwise the plaintiff will not have to prove that you did. Just say you deny for want of knowledge and let the plaintiff prove their case.
Dave Kennett
Lawyer (JD)
25 years experience in general law, including real estate, criminal, traffic, and domestic relations