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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32902
Experience:  Began practicing law in 1992
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We are wholesaler suing a customer did not pay their bill and

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We are wholesaler suing a customer did not pay their bill and close the store. The fact is very clear, we have those unpaid invoices he signed after delivery.
Their lawyer send document asked many questions like "each contact with defendant, time; place; proof". "where the products made?" "our company history" and much more, I feel not necessary. Do I have to answer all these. No body can keep proof everything of each day of their life.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I assume what he sent you is either a Request for Disclosure or Interrogatories, is that correct?

Customer:

I think so.

Customer:

I never do this before. too slow. May be can't explain clear.

JD 1992 :

That's okay, we can work through this. I'm not in a hurry. Let me explain a little and then you can ask questions, okay?

Customer:

can you give me idea of in my case basic.

Customer:

We had many case like this before. Most of them did not do this, because the fact is clear. Do i have to answer those questions?

JD 1992 :

Attorneys have a right to send questions and require answers. They can also request documents through something called Request for Production and they can send Requests for Admission which require you to admit or deny facts. If you don't answer them or answer them incorrectly it can cost your whole case. The questions themselves don't have to ask for "relevant" information they just have to be "designed to lead to the discovery of relevant facts".

JD 1992 :

There is a good book you can buy and download that explains discovery at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-written-discovery-civil/

JD 1992 :

It's pretty inexpensive and a good investment if you have never done this.

JD 1992 :

Because you also need to consider sending discovery to the other side, particularly if he has an attorney.

JD 1992 :

How much is owed to you?

Customer:

In this case about $7,000 from 2011.

JD 1992 :

You can hire an attorney and sue for the attorney's fees as well.

JD 1992 :

If you choose not to then that is your choice, but you are held to the same standards as an attorney.

Customer:

As before we did ourself, 1005 win no matter how much really got back. attorney asking $300/H. It is not good for smaLL CASE.

Customer:

" held to the same standards as an attorney." I CAN DO AS ATTORNEY DO?

JD 1992 :

I understand, sometimes it's just not possible. What state are you in?

Customer:

New Jersey

JD 1992 :

"Held to the same standards" means you have to follow the same rules but generally yes you can do the same things the attorney does.

JD 1992 :

What court is this in?

JD 1992 :

Small claims court?

Customer:

North Jersey near Engle wood

JD 1992 :

Small claims court?

Customer:

Civil

JD 1992 :

Small claims or Superior court?

Customer:

Superior court? Small claim limited $3,500 here.

Customer:

Superior court

JD 1992 :

Okay.

JD 1992 :

Superior Court is more stringent than small claims court.

JD 1992 :

So you have to familairze yourself with discovery, which you can do through that book I just gave you the link to, the Rules of Procedure, which you can find at http://www.judiciary.state.nj.us/rules/part4toc.htm

Customer:

May I just look though his question answer question and give him paperwork I think most related to my case?

JD 1992 :

And the Rules of Evidence, which you can find at http://www.findnjlawyersonline.com/njlaw/evidence/toc.htm

JD 1992 :

No, you have to give him everything he asked for, not just what you think is related or relevant.

JD 1992 :

However, you can make some objections. Those are covered in that book as well.

Customer:

I don't have everything he want. Like proof of communication; each time place... May I say" Not available"

Customer:

I may make some objections.

JD 1992 :

You can state "Nothing is available which is responsive". That is a perfectly valid answer.

Customer:

Thank you. (I think some questions just standard not really for my case)

Customer:

Thank you again. If there is anything else I want to know. How can i get you or just get anybody at Justanswer?

Customer:

My E-mail is on file.

JD 1992 :

Probably so. Most lawyers use an old set and just reword it slightly. Be sure you get that book I mentioned earlier or another one on discovery. The one I sent you to is only about 70 pages long or so and gets right to the point. You can lose your case by not doing discovery correctly. You may also want to look at the website where it is sold. They have a lot of good entries on there.

JD 1992 :

Anytime you need me just start your question with FOR JD 1992.

JD 1992 :

Anything else I can assist you with?

Customer:

Thanks.

JD 1992 :

You're very welcome.

JD 1992 :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

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