Navigation

Discovery process

Message Author
PostPosted: Mon Apr 14, 2008 7:51 am Subject: Discovery process

I'm a little freaked out by this discovery process--I've never experienced it before. Shocked
The situation is that this lawyer is (I think) attempting to sue my husband for a bill that he charged after we were finished with him. My husband had retained him for a family law case, he sucked, and we were done with him. A few weeks later, he sent a bill for work he did not do as well as a charge for $500 to "replenish our account". Since he didn't do any of the work he said and we did not plan on using him again, we informed him that we were not paying it. In October, he served my husband with a bill which we disputed. Last Friday, my husband got officially served with the "Notice to take deposition under bill of discovery" and we have no idea what this means. It is asking for my husbands W2's, income tax returns, and his bank account information (statements and account numbers). Do we have to give this up if they don't have a judgement against us? Can they go in our account and take money without a judgement? The main issue is that this was my husband's attorney, not mine. My husband got laid off in April of 2007, and we made the decision that he play Mr. Mom until our youngest started school. So, he has no income coming in at all. He has his own checking account that has a balance of 0 dollars and 0 cents. He is an authorized user one of my checking accounts--but it's the one that all my money goes into. If need be, I'll take him off the account or move all my money to the other account, but I'd like to prevent giving up the info on either of my accounts if at all possible. We have three kids and I'm the only one working, so I'm worried we're going to get screwed.

cdollar

cdollar

Leave a quick message for cdollar
Joined: 08 Jan 2008
Posts: 227
Debtcc Points: 4061

PostPosted: Mon Apr 14, 2008 8:05 am Subject:

I hate to tell you this but you are going to need another attorney to fight this. You probably have a community property law in your state. The only way to protect your assetts is to get divorced and I am sure that is not an option! What state are you in? Did he get a judgement against you without you being notified?
frogpatch
Moderator
frogpatch
Moderator

Joined: 09 Apr 2007
Posts: 3722
Debtcc Points: 30941

PostPosted: Mon Apr 14, 2008 8:19 am Subject:

We're in KY, and I'm pretty sure we don't have a community property law. I don't think there was a judgement--but I'm not sure how to find out.
cdollar

cdollar

Leave a quick message for cdollar
Joined: 08 Jan 2008
Posts: 227
Debtcc Points: 4061

PostPosted: Mon Apr 14, 2008 8:23 am Subject:

I would suggest checking with court clerk's office first.
_________________
Regards
JCEMT

Here is a list of resources for the community

Site TOS
JCEMT
Moderator
JCEMT
Moderator

Leave a quick message for JCEMT
Joined: 10 Sep 2007
Posts: 2996
Debtcc Points: 27124

PostPosted: Mon Apr 14, 2008 8:27 am Subject:

These are usually filed with the County.
frogpatch
Moderator
frogpatch
Moderator

Joined: 09 Apr 2007
Posts: 3722
Debtcc Points: 30941

PostPosted: Mon Apr 28, 2008 4:07 am Subject:

why are you freaked about discovery? c dollaR?
_________________
Register today to cash in debtcc points.
Guest





Debtcc Points: 100

PostPosted: Mon Apr 28, 2008 4:09 am Subject:

why do you people act like you dont know why you owe money? very strange? pay your debts you will feel better when you meet your maker..cdollar..quit trying to get out of debts you and your husband owe..this is now right!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!  !!!!!!!!!!!!!!!
_________________
Register today to cash in debtcc points.
Guest





Debtcc Points: 100

PostPosted: Mon Apr 28, 2008 5:35 am Subject:

Guest, did you even read the original post? Would YOU pay someone who charged you for services that were not rendered?
_________________
Check out my credit repair blog. http://goldenbast.yesdebtfree.org/
goldenbast

goldenbast


Leave a quick message for goldenbast
Joined: 21 Aug 2007
Posts: 1104
Debtcc Points: 15525

PostPosted: Mon Apr 28, 2008 7:42 am Subject:

If the contract (be it written or oral) states that they will (provide stated service) for (x dollar amount) and they do not provide said service they have already voided the contract by dishonoring it.
_________________
Regards
JCEMT

Here is a list of resources for the community

Site TOS
JCEMT
Moderator
JCEMT
Moderator

Leave a quick message for JCEMT
Joined: 10 Sep 2007
Posts: 2996
Debtcc Points: 27124

PostPosted: Mon Apr 28, 2008 8:04 am Subject:

Not sure why people on here have to be so darn hateful! I don't know why they can't just GROW A PAIR and quit hiding behind a Guest posting.

Anyway, it tunes out my husband was Improperly Served, so we were able to dispute the amount. And we DON'T owe it.

cdollar

cdollar

Leave a quick message for cdollar
Joined: 08 Jan 2008
Posts: 227
Debtcc Points: 4061

PostPosted: Mon Apr 28, 2008 8:48 am Subject: Guest Is Back, And I Missed Him! Not!!

LOL!

Our mysterious and anonymous "Guest" is back. What, has it been a couple of weeks since he last posted? Or did I miss some of the "words of wisdom" spewing forth from him?

Still, he is sticking to the pattern I noted earlier: posts hot and heavy for a week, fades out for another few weeks to a month, then comes back posting more garbage. Only to repeat himself with posting the same old "pay your bills" and "to heck with validation" nonsense, again and again. He might want to stick around and read some of our responses to his garbage; he might learn something and stop constantly repeating himself.

Oh, I forgot, guest must not be paying his bill for Internet service, that's why he fades out for a while. No Internet and not way to get to the public library in order to use the Internet there.

Get some new material guest! This routine is old!

FloridaRon

FloridaRon

Joined: 13 Oct 2007
Posts: 870
Debtcc Points: 5247

PostPosted: Wed Apr 30, 2008 5:36 am Subject:

Please nobody respond to this "guest", I'll PM a mod to have the post deleted as it violates the TOS. Guest, personal attacks are not permitted. But then again the guest should already realize it because the guest was a registered member before they were banned for something very similar.
_________________
Regards
JCEMT

Here is a list of resources for the community

Site TOS
JCEMT
Moderator
JCEMT
Moderator

Leave a quick message for JCEMT
Joined: 10 Sep 2007
Posts: 2996
Debtcc Points: 27124

PostPosted: Wed May 07, 2008 3:29 am Subject:

I am only gonna say this once,if guest cannot make a point on topic without resorting to personal attacks you will not be allowed to continue posting.I am sorry that our original poster had to put up with this garbage just to get help from us.
_________________
Cajunbulldog
Keeping an eye out for consumers.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809
http://www.ftc.gov/os/statutes/fcrajump.shtm
http://www.debtconsolidationcare.com/forums/about216.html
Use this letter to protect your rights under the FDCPA
myfairdebt.com & myfaircredit.com-Good source of case law in forums.
cajunbulldog
Moderator
cajunbulldog
Moderator

Joined: 20 Dec 2006
Posts: 4875
Debtcc Points: 37803

Quick Reply
Your Name
Subject
Message body
All times are GMT - 7 Hours
Page 1 of 1

 
About Us | Contact Us | Privacy Policy | Testimonials | Sitemap | Espanol | Media Kit | Terms of Services Navigation
Hacker Safe   Member of IAPDA   DnB Listed