discovery law for suit

Date: Tue, 08/30/2005 - 10:09

Submitted by anonymous
on Tue, 08/30/2005 - 10:09

Posts: 202330 Credits: [Donate]

Total Replies: 1

I am being sued for a debt that I am certain has passed the statute of limitations. I can get nothing from the attorney's office suing me. I have written a letter stating that "Pursuant to Missouri Supreme Court Rule 56.01 I hereby request Production and Inspection of Documents as related to the pending case", which I have referenced in the letter. The circuit court does not have any forms that are required for discovery. I've never even received validation for this debt. Are they required by law to respond to my discovery letter (sent certified mail)? They're not playing fair ball & I'm not sure how to make them. A collector from their office keeps calling me but she just wants me to make an offer. She says they don't have to provide me with validation, even though I requested it from their client within the 30 day time frame. Help please!!!

Hi guest Welcome to the forums. In your post, I realize that

Hi guest

Welcome to the forums. In your post, I realize that every single action done by the debt collector is a violation of the fdcpa law.

Moreover, since your debt is past the Statute of Limitation period, you cannot be forced to pay the said debt by any agency. The moral problem is that the collection agencies after knowing legally that they have no right to recover money still use scare tactics and try to intimidate people to pay these debts.

My opinion to you is that you send a written letter to them through certified mail and return receipt requested. You should ask for debt validation and state that until the debt is validated, you refuse to communicate with them.

If they continue to violate the law, you can take legal action against them.

Regards
Roxette

lrhall41

Submitted by roxette on Tue, 08/30/2005 - 10:35

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