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Posted: Wed Apr 02, 2008 10:37 am Subject: Still bothering me

OK, I got the summons from LVNV fundings attorney.
I responded by writing a letter to both the Court
clerk and the attorney. When I got the court order
I only got that and it wasn't till 23 days later I
got a 5 page sheet of questions that I had to answer
for the debt. I got the court date before that and
I just got another letter today saying I failed to
answer there questions within the 45 day period.
Should I have to respond to them? It says it is the plaintiff's final request for answers to interrogatories. I sent a DV letter certified mail
and they never responded to me. I sent that out on
March 11th. I am out of work and being treated for
cancer and I am ready to just declare bankruptcy to
get these morons off my back for something they
can't prove is mine.

Posted: Wed Apr 02, 2008 10:56 am Subject:

You really should consiser hiring an attorney to handle this! Go to legal aid if you can't afford one. There may be fdcpa violations there also that could off set the money they say you owe. Please do not try to do this on your own. You do not need added stress in your life!

Posted: Wed Apr 02, 2008 10:56 am Subject:

You need to answer the summons/complaint or they will get a default judgment, you can request validation documents during discovery. If they fail to provide validating documents then you could probably motion to dismiss with prejudice.

Posted: Wed Apr 02, 2008 11:09 am Subject:

I'm not trying to hyjack this thread but what is the proper procedure for discovery? Who initiates it? Must one file a motion for discovery? When is the proper time for discovery?