I received a brief letter from the District Court of Maryland informing me that a motion TO COMPEL ANSWERS TO INTERROGATORIES was granted to the Plaintiff (Attorneys for a Credit Card Company). HOWEVER, I have never received the interrogatories -- nor ANYTHING else for that matter -- from the attorney's OR the court.
I *believe* this to be because I moved and therefore proper process serving could never be performed. I also believe that a summary judgement was awarded to the plaintiff 2-3 years ago, and this is additional/continuing action by the Plaintiff.
My question is, what can I do at this point? Can I file a motion to oppose the motion to compel in light of the fact I have never received anything to answer? Any insight would be greatly appreciated.
Review the publicly available on-line docket (see the link, below) and determine what has happened.
If you disagree with whether service was proper, visit the courthouse and look at the actual file. Read what was represented to the court about service of the complaint on you.
If you disagree with what was represented, then you should engage a lawyer to file a motion to alter or amend the judgment, or to vacate the judgment.
If you were never properly served with or even knew about the case when the complaint was filed years ago, and never received the plaintiff's recently filed interrogatories (I assume these are interrogatories in aid of enforcement of the affidavit judgment obtained several years ago), then how did the court get your current address to send you notice now? Very strange, unless there are facts you are not providing. A motion to vacate the original judgment on the grounds that service was never accomplished, and the court's recent notice is the first you discovered this case, is possible, but you really need counsel to review the docket and help you with such a motion.
You should immediately consult with an attorney. If you were never served, there are ways to go back and vacate prior Court actions. You need to do this immediately as there are possible sanctions facing you for not answering the Interrogatorries. It is strange, (but not unheard of) for you to get a notice from the Court that wasn't sent to you by the other side. The Creditor might be using an old adress for their service.
Nothing in this message should be construed as legal advice or the creation of an attorney-client relationship. This is meant to only be a general guide and not a substitute for an actual consultation with an attorney.
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