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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38793
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My LLC is a Garnishee Defendant required to answer interrogatories.

Customer Question

My LLC is a Garnishee Defendant required to answer interrogatories. We were required to mail return copies to the attorney for Plaintiff and the Court by Yesterday 5-15-13. I have been bed ridden ill for almost 2 weeks and simply forgot to make the mailings. How do I correct this with the Court? Do I just mail them tomorrow? What else?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please allow me to assist you.

The best way to correct this is with a formal letter detailing the cause of the delay (ie, your illness), and a request that based on the extreme circumstances the delay be overlooked. A good suggestion may be to reach out to the opposing attorney, explain the delay, and ask that he agree to accept the mailings without argument. Ultimately mailing them back late is potential contempt so getting him to agree and not contest the lateness would be ideal as it would potentially defuse any issue that the courts may have in this instance. While it may sound counter-intuitive, attorneys do tend to be professionals, even to opponents, and a legitimate illness as the excuse for the delay is generally granted.

Good luck
Customer: replied 1 year ago.
Send the letter to both the Court and Attorney tomorrow along with the Answer and also call the attorney? Also, if there was an issue raised by the attorney, what would the consequences be? (potentially)
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Stephen.

That is correct, provide both parties with full disclosure and potentially even prepare a medical bill or note from a doctor showing that you were indeed so ill that you could not be able to do anything.

If the other attorney chooses to make this into a big deal, he can order that you be found in contempt for missing the deadline (which can be a fine), or request that the documents you sent forward, by virtue of being late, should not be used in the upcoming hearing as they did not appear in a timely manner.

Hope that helps.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Stephen.

That is correct, provide both parties with full disclosure and potentially even prepare a medical bill or note from a doctor showing that you were indeed so ill that you could not be able to do anything.

If the other attorney chooses to make this into a big deal, he can order that you be found in contempt for missing the deadline (which can be a fine), or request that the documents you sent forward, by virtue of being late, should not be used in the upcoming hearing as they did not appear in a timely manner.

Hope that helps.
Customer: replied 1 year ago.
One last question...

Please give me an indication as to the format of the letter. How should it be addressed and formatted?
Expert:  Dimitry K., Esq. replied 1 year ago.
Stephen,

To the Judge it should be addressed:

"To the Honorable Judge 'NAME'".

The format is just 2-4 sentences stating that the information was late, why it was late, and a request that based on the reason for lateness that it would not be taken against you and that it be treated as if the information was provided in a timely basis. Consider 3 paragraphs to make it easier to read, but you do not need a novel--just a few sentences.

Good luck.
Customer: replied 1 year ago.
HOW IS THIS?


RE: CAUSE NO. XXXXX, ORDER TO ANSWER INTERROGATORIES AND INTERROGATORIES- TO THE HONORABLE XXXXX, JUDGE


Dear Judge XXXXX:

We were recently served with an ORDER TO ANSWER INTERROGATORIES AND INTERROGATORIES with an answer due date of May 15, 2013.

Due to an illness, I have been somewhat seriously incapacitated and in bed since Friday May 3, 2013. As a result of this illness, I failed to meet the May 15, 2013 deadline as I have been unable to work and be near my paperwork. I humbly ask the Court that, based on the reason for lateness, that it not be taken against us and that it be treated as if the information was provided in a timely basis and that we not be held in contempt of Court. Please accept my most serious apologies.

I have sent the Attorney for the Plaintiff a copy of the same request.

Sincerely
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Stephen.

That is fine, I would just suggest that before you send it out, contact the other attorney and ensure that he is willing to let it slide. Then you have only the judge to contend with if he finds fault with your delay.

Good luck.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38793
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I called the Plaintiff's attorney and the Court Clerk to explain the delay and sent the letter as you suggested to both the Plaintiff's attorney and the Court. Dmitry, if we are, indeed, found in contempt for answering late, what would the fine be? Also, we are a defendant and counter-plaintiff in a civil suit in the same Court with the same judge. If we are found in contempt on one cause number can it have any impact on other cause numbers in the same Court?
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up, Stephan.

The fine for a first time contempt is fairly low. Most likely the judge would admonish you and not fine you. If he fines you, I have not seen a fine higher than $250 (and that is really unlikely). What may be worse is if the judge orders that you cover the person's attorney fees over that portion of the trial. Finding you in contempt in one case does not affect the other case.

Good luck.

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
16650 Satisfied Customers
Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.