How to file dismissal plantiff did not answer

[gadebt]

I have case that was filed against me for old credit card debt. I filed an answer in the case with the following Set of Interrogatories, Request for Production and Request for Admissions.

INTERROGATORY NO.1
State the complete name and address of the original creditor for the revolving account under which defendant allegedly owes plaintiff (hereinafter referred to as "revolving account"), as well as the date plaintiff purchased the account.

INTERROGATORY NO.2
Was the revolving account opened via a written or verbal agreement?

INTERROGATORY NO.3
Provide a detailed accounting-principal, interest, late fees,ect-for the revolving account.

REQUEST FOR PRODUCTION NO.1
Produce a copy of the written agreement, if any, between the original creditor and defendant for the revolving account.
Alternatively, produce an audio recording of any verbal agreement for the same.

REQUEST FOR PRODUCTION NO.2
Produce documentation supporting the accounting provided in your response to Interrogatory No.3

REQUEST FOR PRODUCTION NO.3
Produce a copy of the initial communication sent by plaintiff to defendant reguarding the debt he allegedly owes on the revolving account.

REQUEST FOR ADMISSION NO.1
Please admit of deny that the revolving account is an "open account," as defined under the truth in Lending Act 1602 (copy attached).


REQUEST FOR ADMISSION NO.3
Please admit or deny that the applicable statute of limitations for an "open account" is (Four) years under (§ 9-3-25).

The lawyer for the plaintiff did not produce any of the requested information to the court. The court does have the answer on on the record. They are now attempting to get a default judgment stating failure of the Defendant to file an answer or other defensive pleadings. It was suggested that I should file a Motion to Dismiss based on the Plaintiff not producing the requested information as well as a Motion to Dismiss based on the Statute of Limitations.

How would I go about filing this with the court?

 

[mightymoose]

If the statute of limitations has passed then that should be your biggest argument.

The statute of limitations begins at the date of last activity on the account, or when it was charged off. Are you certain it has been five years? You stated four years in the post, but according to my list it is five years.

Any activity, whether a partial payment or maybe even an agreement to pay even if you didn't, could restart the clock.

If it has passed though, they can't get the judgment... it is your burden to argue the time has passed. If you don't, they will get what they ask.

 

[gadebt]

How do I go about filing the motion with the court?

 

[jharris352]

You likely did not Verify your Answer to the court. In other words you must swear to the Answer or it is not valid. Make sure you either swore to and Motorized your Answer or you had a statement attached that Verifies your Answer. If you did not you can have your Answer striken and a Default Judgment will be entered against you.

As for the Interrogatories, failure to Answer them does not constitute a dismissible cause. You can file a Motion to Compel. Likely , they did not Answer them because you did not Verify your Answer against the complaint. Therefore they really are not required to answer your Interrogatories. If you have gone 45 days without an answer you are beyond the time of automatically reopening the case. You can file to reopen the case and file a verified complaint if you Move the Court for cause. You will have to pay the Court costs of the Plaintiff.

Does that answer your question.