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court case update
Feb. 23rd, 2007 10:27 pmThings are definitely starting to happen. Finally.
I am entitled by statute to an "examination of the debtor". This is separate from the complaint I filed. I chose to conduct the examination via written questions and a written request for documents. His response was an interesting piece of fiction.
Out of 14 questions, 4 of the answers were to refer to one of the previous answers, which was a fairly canned response. 8 of the answers he provided were either partially or completely false, which just cracks me up. I have documents, photos, and the current physical condition of the house to back this up. I don't know if his attorney is simply unaware of the amount of documentation that I have, or just doesn't care, but I am honestly very surprised that she let him produce answers that not only are going to be easy to show as false, but also obvious that he ought to have known they were false when he provided them.
On the requests for documents, he claims that he had a flood at his house which destroyed all of his business records. The only document he provided was a transaction printout from the bank for his business checking account. That, however, is more than enough to substantiate many of my claims, including the amount of money I paid him. He said he'd release a copy of his tax return from 04 if I paid for the copy from the IRS. He declined to provided a copy of his 05 return, stating it was not applicable. We'll see what the court has to say about that.
Next up is Discovery. However, before I go out on limb to start that, I have to find out if his attorney is still representing him, given that he has not yet made a reply to my complaint. If she is still his attorney, I'm sure she'll have some creative technicality as to why he can get more time and yet another second chance to make a reply. We'll see about that too. I'm thinking I need to file a Motion with the court for default judgment, given the lack of response. Toward that end, I get to spend part of the weekend reading the Rules to find out exactly what my options are, and how to carry them out.
I am entitled by statute to an "examination of the debtor". This is separate from the complaint I filed. I chose to conduct the examination via written questions and a written request for documents. His response was an interesting piece of fiction.
Out of 14 questions, 4 of the answers were to refer to one of the previous answers, which was a fairly canned response. 8 of the answers he provided were either partially or completely false, which just cracks me up. I have documents, photos, and the current physical condition of the house to back this up. I don't know if his attorney is simply unaware of the amount of documentation that I have, or just doesn't care, but I am honestly very surprised that she let him produce answers that not only are going to be easy to show as false, but also obvious that he ought to have known they were false when he provided them.
On the requests for documents, he claims that he had a flood at his house which destroyed all of his business records. The only document he provided was a transaction printout from the bank for his business checking account. That, however, is more than enough to substantiate many of my claims, including the amount of money I paid him. He said he'd release a copy of his tax return from 04 if I paid for the copy from the IRS. He declined to provided a copy of his 05 return, stating it was not applicable. We'll see what the court has to say about that.
Next up is Discovery. However, before I go out on limb to start that, I have to find out if his attorney is still representing him, given that he has not yet made a reply to my complaint. If she is still his attorney, I'm sure she'll have some creative technicality as to why he can get more time and yet another second chance to make a reply. We'll see about that too. I'm thinking I need to file a Motion with the court for default judgment, given the lack of response. Toward that end, I get to spend part of the weekend reading the Rules to find out exactly what my options are, and how to carry them out.
