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Guest · Posted: Thu Dec 04, 2008 7:33 pm Subject: What is next?

So I filed my answer to my summons.I want to file something to make the attorney now cough up some documents such as last payments and statements,they ignored my VD requests and so I got nothing.What do I file to do so? Do i go ahead and file now or wait until court date is set or what?

Guest · Posted: Thu Dec 04, 2008 7:45 pm Subject:

You can file now. Your best bet is to go to the court house and see if they have papers to file a motion, in this case production of documents. When you send this to them they usually have 30 days to respond and if not then you motion to compel. After that the court orders them to produce and if they do not within 15 days them you can motion to dismiss with prejudice.

That is how it works in my state, Massachusetts, what state are you in?

Guest · Posted: Thu Dec 04, 2008 8:03 pm Subject:

I am in NC. I asked the Clerk of Court about filing something to force the attorney to produce certain documents and she laughed at me and said get a lawyer! I said no I am doing this myself and she laughed at me and said well good luck and walked away.Where do I get the forms?

Posted: Fri Dec 05, 2008 8:17 am Subject:

Here is something that will aid you and I hope it helps. It made Sessoms and Rogers cringe and ask for 30 extra days to come up with what I asked:

Make the heading like it appears on your summons with all the info then use this. Make sure you fill in all the info such as state and account numbers before sending this!

Defendant's Request for Production of Documents

Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure (â€œFRCPâ€) Defendants request Plaintiff to produce and permit the inspection and/or copying of the documents specified below, within (30) days of service, to YOUR NAME at YOUR ADDRESS.

As used in this request for production of documents and things, the term â€œdocumentsâ€ includes statements, writing and recordings of every kind (mechanical, electronic, typed or written), including, but not limited to, letters, correspondence, maps, diagrams, photographs, pictures, memoranda, notes, reports and transcriptions.

If you decline to produce any of the requested documents or things on the ground of privilege, please provide a descriptive list of each such document or thing and state the grounds for your refusal to produce each such document or thing.

DOCUMENT REQUESTS

1. The alleged credit application from Account Number (fill in Junk Debt Buyer's acct#) and (fill in Original Creditor's acct #) bearing the Defendant's signature.

2. The alleged credit agreement from Account Number (JDB Acct#) and (OC #) that states interest rate, grace period, terms of repayment, transfer of debt agreement, etc.

3. Itemized statements or credit card statements from Account Numbers (JDB#) and (OC#) that demonstrates how the alleged amount of $XX.XX was calculated.

4. A contract, agreement, assignment, or other means of demonstrating that (Plaintiff/JDB) has the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (OC#)

5. Letter(s) sent to Defendant by (JDB) demonstrating an attempt to collect on the alleged debt from Account Number (OC#)

6. A notarized statement, if presently exhibiting or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.

7. Any and all further documents that you believe establish that Plaintiff had an outstanding account or debt related to Account Numbers (JDB Acct #) and (OC Acct #)

8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant's liability and/or responsibility to the alleged debt.

9. Proof of the Date of Last Activity (DOLA) as evidenced by date of the last payment made on alleged (OC Acct#) and/or (JDB Acct#), check # or draft #, amount paid and copies of the DOLA as reported on Defendant's credit report. If these dates do not correlate or match, please provide evidence as to why the discrepancy.

10. Any and all written communication, received by Plaintiff and/or Plaintiff's attorney from the Defendant, regarding the reporting of the alleged account to any credit reporting agency or agencies, as well as Plaintiff's and/or Plaintiff's attorney accessing of Defendant's credit report(s).

11. Any and all communications from Plaintiff and/or Plaintiff's attorney to the Defendant explaining why Plaintiff and/or Plaintiff's attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining Defendant's credit report.

12. Any and all credit report(s) Plaintiff and/or Plaintiff's attorney obtained from any credit reporting agency concerning the Defendant.

13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or Account Numbers (JDB Acct#) and (OC Acct #).

14. The Plaintiff's Articles of Incorporation.

15. Provide proof that the alleged debt is not time-barred according to the statute of limitations in the State of State.

16. Provide proof that the Plaintiff is licensed to collect debt in the State of State and has procured a bond as required by the State of State.

17. Provide proof that the Plaintiff is licensed and authorized to solicit the right to collect or to receive payment for the claim of another in the State of State.

Dated this [Date]

YOUR NAME

Posted: Fri Dec 05, 2008 8:28 am Subject:

Wow! That is really nice..but mostly for federal courts...it even states on the website that it doesn't usually apply to state courts (which is where most consumers get sued for debt). But the outline is really good, you could simply look up your own state's rules of civil procedure and type it up yourself from there, make like three copies of it and take it to court to be stamped.

That clerk was rude, but I am not surprised by it...they seem to forget that it is perfectly legal for you to handle your case Pro Se.

Here is the web address for your state's laws of civil procedure:
http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter= 0001A