Junk debt collector, PRA, decided to obtain a lawyer to take my debt to court. The attorney filed his complaint which I answered within the thirty days that we have in North Carolina. Now a court date has been set for Feb 23, 2010. On January they sent through the mail the documents for admission, interrogation and production of documents which I received on January 28, 2010. I responded with my on set of the same information from them a week later and I really have until after the court date to respond to their documents of declaration.
Today the attorney's office called me to ask if I would agree for a continuance, which if I agreed to they would put it in a motion for continuance with the court. I guess my question is should/shouldn't I respond to their request and make the only court documents admissible in court the complaint, which really is the only document that is to this date the only one filed before the court date at this time? Another question is can I ask for a dismissal because of lack of evidence to support the debt and without my consent can they get a continuance?

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Originally Posted by ljustice1

Junk debt collector, PRA, decided to obtain a lawyer to take my debt to court. The attorney filed his complaint which I answered within the thirty days that we have in north carolina. Now a court date has been set for Feb 23, 2010. On January they sent through the mail the documents for admission, interrogation and production of documents which I received on January 28, 2010. I responded with my on set of the same information from them a week later and I really have until after the court date to respond to their documents of declaration.
Today the attorney's office called me to ask if I would agree for a continuance, which if I agreed to they would put it in a motion for continuance with the court. I guess my question is should/shouldn't I respond to their request and make the only court documents admissible in court the complaint, which really is the only document that is to this date the only one filed before the court date at this time? Another question is can I ask for a dismissal because of lack of evidence to support the debt and without my consent can they get a continuance?

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Have you requested proof of debt through the courts? What has the plaintiff provided at this point?

They can request a continuance through the courts; they will need grounds for a continuance and they do not need your consent. Obviously, if you give consent then it makes it easier to obtain the continuance but your consent isn't required. It's up to the judge whether s/he will grant it.

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Originally Posted by this8384

Have you requested proof of debt through the courts? What has the plaintiff provided at this point?

They can request a continuance through the courts; they will need grounds for a continuance and they do not need your consent. Obviously, if you give consent then it makes it easier to obtain the continuance but your consent isn't required. It's up to the judge whether or not s/he will grant it.

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I've not and the plaintiff has on provided his complaint through the court. Also I didn't consent to the continuance.

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Originally Posted by ljustice1

I've not and the plaintiff has on provided his complaint through the court. Also I didn't consent to the continuance.

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You need to request verification of debt through the court. If the plaintiff fails to provide it, then you can request to have it dismissed but not before.

And as I already said, they don't need your consent to obtain the continuance - that was your question. The judge will decide to grant it or not, regardless of your consent.

I did send through register mail a
Defendant First Set of Interrogations
Request for Admissions and
Request for Production of Documents
Which will not be answered for thirty days from the time they received it, which will also be after the court date of 2/23/10.

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Originally Posted by ljustice1

I did send through register mail a
Defendant First Set of Interrogations
Request for Admissions and
Request for Production of Documents
which will not be answered for thirty days from the time they received it, which will also be after the court date of 2/23/10.

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Then that's why they're requesting a continuance. They're either a)trying to get the paperwork together or b)trying to stall because they don't have the paperwork.

I sent following, but I never receive response after 30 days.
What should I do next to dismiss the case.

Defendant First Set of Interrogations
Request for Admissions and
Request for Production of Documents