Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days
I am being sued for default on a private loan that I was duped into. I wasn't informed the loan was approved nor did I accept it. The funds were disbursed to a 3rd party without my knowledge and I only learned of the situation after the fact.
I answered plaintiff's interrogatories, doc request, and admissions request within 30 days.
Plaintiff hasn't answered defendant's interrogatories, doc request, and admissions request after 45 days. By failing to respond to the admissions request: Plaintiff admits I wasn't provided terms, wasn't made aware of loan approval, didn't accept the loan, wasn't informed of the disbursement, wasn't made aware of the truth in lending act, etc. Basically, they admit that I applied but did nothing else.
How should I respond to their inaction???
1.) File a motion that case is dismissed with prejudice?
2.) Contact plaintiff to remind them I am waiting for a response?
3.) Sit back and wait for court date to present my side of the case?
A:
The case will not be dismissed for failure to meet discovery deadlines alone.
Move to compel responses to the Ints. and Doc. Reqs. and to "deem" the unanswered Requests for Admission as admitted.
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