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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26189
Experience:  Began practicing law in 1992
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Hello again I am wondering about discovery and interroggatories

Resolved Question:

Hello again I am wondering about discovery and interroggatories and what is the recourse when they lie ?
Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Can you provide a few additional facts to put this into context? What do you think they lied about and why?

Customer:

hey- back to the US BANK lawsuit-

Customer:

in the intial discovery requests and interroggatories I asked them to provide all documents associated with the loan

Customer:

When I found the 30 year TILA and GFE on my own 11 months later it was obvious they had held back

Customer:

So what else might they be hiding?

Customer:

When I asked 'asked how they determined the property was commercial ' they responded

JD 1992 :

I understand your concern. Do you know for certain they have these documents and didn't provide them? If so, how?

Customer:

We did not determine the property was to be zoned commercial, we riled on the description provided by the title company.

JD 1992 :

Sorry to interrupt, continue your thought and we;ll come back to mine.

Customer:

No I dont know what they have,- that is the problem.

JD 1992 :

How did you find those documents and where?

Customer:

so on the interroggatories ( INTER for short) they lied in their answers. they said they relied on the title agency when the facts now show tat the loan officer knew 3 weeks prior to my closing that the property had a zoning issue.

Customer:

I found the TILA and Good Faith estimate on a six year old corrupted laptop that I went back through looking for documents- it was divine intervention.

JD 1992 :

On something like lies in the answers to interrogatories you can file a Motion for Sanctions. You can ask the court to order them to go back through their records and provide a complete listing of what they have, ask that their pleadings be struck, etc.

Customer:

OK. what do you mean by asking that their pleadings be struck?

JD 1992 :

You can ask that the court, essentially, wipe out their case. Courts are reluctant to do that but if they find multiple instances of them lying under oath then the court can certainly do it.

Customer:

Would'nt the fact that they have been lying be great for the trial?

JD 1992 :

It would be and it is certainly something they can be cross examined about. However, if the court strikes their pleadings then there is no reason for trial, you win automatically. You woudl just have to prove your damages then.

Customer:

oh wow. I am 30 days out from pre trial- still hoping to get an attorney, but moving forward. The whole case is based on them claiming, falsely , that some in house credit review document was a letter to me outlining the terms of my loan. WhenI provided the 30 year TILA, which their VP filed an affidavit swearing it did not exist - hmm sound like I could try and end it right now

Customer:

Oh the damages are easy to prove. but I did want a jury for the punitive damages for fraud.

JD 1992 :

You could still have a jury trial on damages but if the judge believes they lied then he could sanction them by saying you win the liability section.

Customer:

ok- so how do I approach this? Do I file a motion to wrap it up? lol

JD 1992 :

You file a Motion for Contempt and Motion for Sanctions.

Customer:

The supreme court said there was enough evidence of fraud for a trial- so its pretty obvious

JD 1992 :

Set out exactly what happened, attach your affidavit to it swearing that what you state in the motion is true and correct, attach copies of the documents as well as their answers that were lies, etc.

Customer:

ok and do I ask in the sanctions to have their pleadings stricken?

Customer:

sounds like a plan

JD 1992 :

You would also want to do a little research and present some cases where courts have said that the sanctions are appropriate for lying on discovery.

JD 1992 :

Yes, ask the court to strike their pleadings as a sanction.

Customer:

so it is the sanctions that would erase their pleadings

Customer:

o

Customer:

ok

JD 1992 :

And enter judgment for you.

Customer:

good idea.

Customer:

great idea.

Customer:

THANKS going to work on it!

JD 1992 :

The court may not do it but they may sanctions them so other way.

Customer:

Might as well go for it. I think the judge knows whats up

Customer:

thanks

JD 1992 :

Lay out your evidence in an easy to follow method and best wishes to you on it. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer:

:-)

JD 1992 :

Let me know how it turns out!

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26189
Experience: Began practicing law in 1992
Dwayne B. and 7 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 9 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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