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Posted: Fri Mar 28, 2008 8:57 am

What is the proper procedure for discovery, from the CA? This is why I ask. (Unifund in this case)

I received a CD that had my name on it, (hand written with a black marker), and the word "Discovery" written on it. The CD contained the same thing (documents) as the actual official looking paper which has the Common Pleas Court Civil Divsion and my county & state at the top. Below that, it says the usual, Plaintiff vs defendant, blah blah blah, and the case number. To the right of that it says: Notice of service plaintiffs' first set of interrogatories, requests for production and requests for admission directed at defendant.

Below that is written: This communication is from a debt collector, this is an attempt to collect a debt and any information obtained will be used for that purpose.

Signed by yet another (different) attorney of this collection agency. On the same day I received a typical bill from them. Prior to receiving this notice, they received a validation letter from me, certified, signed receipt on Feb 25, 2008. Still no validation, just this discovery notice. I had already responded to the actual summons of complaint on March 25, 2008. This (Discovery thingie) is dated March 19th.

Help please?

Posted: Fri Mar 28, 2008 2:22 pm

shazz,i am answering in hopes jcemt,or skydiver will
answer.they have on other posts of yours.

Posted: Fri Mar 28, 2008 3:46 pm

Shazzers, do you mean you received a data CD (compact disk)? If so did it include the civil complaint/summons or just discovery documents?

Posted: Fri Mar 28, 2008 4:10 pm

hiya shaz--

sounds to me like this is some wierd kind of reply to your motion. I wouldnt know about the 3/19 date, it seems as if they already knew of yoru motion for discovery, and since you didnt file that until 6 days after that date, that doesnt add up.

I would take this to the court, show the judge what they provided as their reply to your motion for discovery, and if in fact this was their answer, you should immediately request that this case be dismissed with prejudice, because they are obligated once you file discovery to provide the proof you asked for. If they cannot, then they cannot prove their case, period.

I will do some more looking around to see if I can get you more info.

Posted: Fri Mar 28, 2008 5:02 pm

unless, of course, this is a motion that was filed by them, directed at you, where they are trying to get you to produce things as evidence of their case, which makes little sense to me in this kind of case

Posted: Sat Mar 29, 2008 1:29 am

JCEMT

Posted: Sat Mar 29, 2008 1:30 am

skydivr7673

Posted: Sat Mar 29, 2008 7:50 am

If they don't have any of your personal information such as SSN, let alone your full name and address it would seem as if they are working on extremely limited information. Which would mean that they will certainly have no ground to stand on for this suit.

Posted: Sat Mar 29, 2008 2:20 pm

JCEMT

Posted: Sat Mar 29, 2008 2:26 pm

Print it off and take it to an attorney or the court to see if it is legit or they merely fabricated a court document to scare you (a FDCPA violation)

Posted: Sat Mar 29, 2008 2:37 pm

I do have the printed copy, plus a CD they sent me with the same documents on it. But yes, that's a good idea, I think I will take it to the court house Monday during my lunch hour and see if it's legit! THANKS!!

Posted: Sat Mar 29, 2008 3:32 pm

shaz, I would be very interested in seeing those papers...I wonder how they have this set up.

in either case, youre on the right track--dont send them one piece of information. The court cannot compel you to provide your personal information to them so they can try to present proof of the debt with it. They filed the suit, if they dont even have your social security number, then to be quite honest, when this is over, after you get the dismissal with prejudice, I would consider sending copies of the court documents to the bar association in the state these lawyers are from. File a complaint stating that they filed a frivolous lawsuit, not having even something as basic to the case as your social security number. Bar associations tend to frown upon attorneys filing frivolous lawsuits in general....they may be interested in what you have to say.

Posted: Sat Mar 29, 2008 3:43 pm

I'm really not sure how legal this is, on one hand it looks official, on the other hand, it doesn't. Confused

Posted: Sat Mar 29, 2008 3:46 pm

you can scan and email them to me if you like, feel free to blank out youer personal info if you do. my email is the same as my screen name here, at yahoo dot com

Posted: Sat Mar 29, 2008 3:53 pm

OK, I'll be sending them via email, THANKS!!

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