Small Claims Questions

[boanon]

Hello, I am being sued by an unscrupulous medical supply company and managed to delay the case to get my ducks in order. The delay is because in NJ the case has to be filed in the county where the defendant resides so my motion for transfer was granted. In a few days I will probably get a new court date.

That said here are my questions:
How would I obtain discovery from them? I have been asking them for months for a copy of my contract and bills. They also sent a letter admitted to billing issues. I see there is a motion to allow discovery but is that a motion just to allow me to ask for items or is that a motion to actually ask for what I want.

And the other question is that their complaint is factually wrong. Its probably just their collections rep rushing and being careless but is wrong. Just to sum up: I was prescribed device A. They originally delivered me device B and it took a few weeks but they finally replaced that with device A (and they are still billing me for the wrong device). Their complaint says that I was originally delivered device A (instead of B which they actually delivered) and then was replaced with Device C (yes a whole other device). I do not know how accurate a complaint has to be as to argue that would be a bit of a technicality.

Thanks!

 

[Michael Wechsler]

This is rather embarrassing for the company. Did anyone speak to you about the issue? Is the complaint wrong in a significant fashion? You need a copy of the complaint. Perhaps you can make a motion to dismiss if the claim is about a contract that does not exist (they are suing for non-payment of device C, for example) and have failed to provide any proof to the court that such an agreement exists.

 

[boanon]

I don't know how significant it is except that the complaint (along with just terrible grammar like the person did not take and care or time to write the complaint) was wrong in what device they said they gave me.

 

[Michael Wechsler]

I don't know how significant it is except that the complaint (along with just terrible grammar like the person did not take and care or time to write the complaint) was wrong in what device they said they gave me.

If this is small claims then you'll have to show up. If you show up and they don't correct the claim, then a court (I would go to a judge) will not be able to grant them relief since they cannot prove the existence of the agreement which they claim in the complaint. In fact, you might be better off not doing discovery and just bringing in your own evidence in case you need it. First let the plaintiff make their case. You know that isn't possible.