Legal Question in Credit and Debt Law in Maryland

I am defending pro se against a debt collector. I submitted interrogatories to the plaintiff''s attorney via certified mail. The attorney never picked the letter up and it was returned to me. What course of action should I follow? Is it possible to file a motion to dismiss on account that the attorney did not accept the certified letter?


Asked on 10/12/10, 7:45 am

1 Answer from Attorneys

Sean T. Morris Law Office of Sean T. Morris

In some circumstances, a litigant can request sanctions for failure to comply with discovery demands, but several more steps need to occur before that is an option here. First and foremost, you need to have the discovery served -- which appears not to have happened here. Send the discovery again, but send it via regular mail. It does not have to be sent via certified mail to be effective. The file with the court a certificate stating that you mailed the discovery to the debt collector's lawyer, and the date on which you sent it. Keep a copy of the discovery requests for your own records.

I congratulate you on defending yourself against this debt collector. If you read my Maryland Consumer Debt Defense blog -- at www.marylanddebtdefense.com -- you will see I am a strong advocate for making debt collectors prove their cases. You will see I also caution people when they are sued from going it alone without a lawyer. As you see just with this simple discovery issue, there are a lot of rules to follow and things you can get tripped up on. Good luck with your defense. If you need additional assistance, please feel free to email me at [email protected].

***This response is intended for informational purposes only and in no way creates an attorney-client relationship. Facts may exist, not presented here, that would change the answer provided. Consult with a lawyer if you wish to obtain more specific advice.***

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Answered on 10/17/10, 2:10 pm


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