I was sent via certified mail an Accusation by the California Department of Real Estate on Sep 5. I did not receive the certified mail until Sep 15. According to their instructions, I must request discovery within 30 days after being served. Do I have until October 15 to request discovery?
You have 30 days to respond to discovery but can ask for additional time to respond.
You can ask for discovery after 30 days. So if you don't ask before 30 days, you're not waiving it. Does that make sense?
I agree with the attorney that you need to get counsel to handle this appropriately but this should at least answer your questions.
You need to immediately consult and Administrative Law attorney. Do not attempt to handle this serious matter yourself. Discovery is only one aspect of your defense. You must also timely file a Notice of Defense to the Accusation. In many cases, you may have only 15 days after service. Service is compete when the Accusation is mailed, not received.
