What to do if defendant has not responded to my request within the time allotted?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if defendant has not responded to my request within the time allotted?

Small Claims; no resolution in mediation; trial date set. At the pre-trial hearing, the paper given to us states the following: “Parties instructed that they must permit inspection after notice or furnish copies to opposite parties within 10 days. X_Witnesses’ names and addresses X_Documents and things to be used I, (the plaintiff) have filed copies with the court and with the defendant’s attorney (hand delivered) within 8 days”. It has been 16 days since the hearing and I have received nothing from the defendant’s attorney. What can I do? Are they in violation of anything?

Asked on October 20, 2011 under Business Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can file a motion to compel further responses.  You can also request sanctions (court-imposed fines) in your motion to compel.  The Small Claims Court advisor can assist you in writing your motion to compel.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption