Discovery help me please

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

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

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.

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

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

Just a copy of the discovery documents. Asking me to admit to all allegations, requesting, my name, address, SS#, place of employment, the works! There is nothing on there stamped filed by the court, only the signature of an attorney, which happens to be a different attorney than the one on the summons of complaint I responded to last week. I have to get to work now, but will explain a little better when I get home later today, Thanks guys!

skydivr7673
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

That is what it looks like to me, except there is no stamp by the court where it was filed. :?

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.

JCEMT
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.

That is exactly what I was thinking. If this isn't stamped "filed" by the court, than what is it? Throughout this entire document it is written "This is an attempt to collect a debt". I really do not know how to answer these questions put forth in this document, I don't want to incriminate myself, and I am not comfortable giving them or anyone else my SS#. I don't know these people from adam! The first summons of complaint I received had an entirely different attorneys name on it. Apparently they have several attorneys on their payroll (Unifund), both attorneys have the same address as Unifund.

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)

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!!

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.

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

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

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

here's a question--in your answer did you request dismissal on the grounds that they ignored a validation request, then filed complaint?

skydivr7673
here's a question--in your answer did you request dismissal on the grounds that they ignored a validation request, then filed complaint?

I never filed a complaint, all I did was answer thier summons, I sent one to the court, one to Unifund, and one to the Attorney representing Unifund, which by the way, was a different Attorney than the one that sent me this discovery document, although, each one (Unifund and both Attorneys) all have the exact same address. In my response to their complaint, I explained to the court that I could not affirm of deny that the bill was mine because I sent them a request for validation and never received a response, I also enclosed a copy of the validation letter I sent, and a copy of the signed receipt that Unifund received it. I also requested that the judge guide me through discovery, in response to the complaint. The thing is, I sent out the response to the complaint on the 25th of March, the discovery documents, and the bill (sent in a different envelope from Unifund) were both dated the 19th of March. The first validation request was sent to them on the 15th of February, which they never responded to.

Shazzers, that sounds a lot like the slickie job that Resurgent's tryin' to pull on me. They called Monday [first contact] about the LVNV matter that I'd just DV'ed MRS about the previous week. In the course of the call, the Resurgent rep told me [on tape!] that they'd recieved the dispute and DV request I'd sent them, and that the validation had been sent out on 3/21. She swore I'd have it in 7-10 days.Well, this morning I recieved a thin envelope from Resurgent, containing.... A dunning letter! And an incomplete one, at that, seeing as how it had nothing about my right to dispute the debt, seek validation, or anything along those lines. Maybe there's more stuff in the pipe, but I kinda doubt it.

I had never dealt with Resurgent on this or anything else, ever. I most assuredly had not sent them anything. I sent a strongly worded CD to MRS associates, but that was it. Then Resurgent swears I disputed and ordered validation three days before first contact.

No biggie, just more lies [cha-ching!] We'll see what comes of it. They've signed for a real DV letter now.

honestly, they dont have the right to sue you right now. They filed the complaint after they received your DV request, is that correct? If so, then you need to motion for immediate dismissal with prejudice, because by filing a complaint and suing you, they are in violation of federal law!
You sent the DV letter.
They received it.
After they received it, and without providing the DV, they filed suit. This is further collection activity, which is clearly prohibited by section 809 of the fdcpa. I would file a motion for dismissal with prejudice with the court, and include in that motion the copy of your DV request as well as the signed receipt card showing the date they received it, and a copy of the complaint they filed, which will show the date they filed it originally. They are breaking the law with this entire lawsuit.
Something else to keep in mind about their "interrogatory". Do NOT sign that thing until you have a lawyer review it, seriously. At the end, where they want you to sign/notarize it, it actually says this:

In other words, "I have nothing further to say". Thats what you would be saying if you sign that. Seems to me that they are trying to get you to lose the case on a technicality--you asked for help with discovery instead of filing motion for discovery with your answer. Here's what I would do--I would file a motion with the court for immediate dismissal with prejudice, on the grounds that the lawsuit is a violation of section 809 of the FDCPA. This is where you detail the events as they took place. I can help you write this letter up if you like, just like last time. But the bottom line is this--they know they screwed up, and now they are trying to fill in the hole they dug by trying to force you to give them information that they should already have on you, if in fact they have a real case.
If you would like a hand with that letter, just let me know, I already know what I would write.
Jon

good luck shazzers!

Sorry everyone, I had to work all weekend (second job) and was way to tired to even think about this situation.

I am at work now, but wanted to answer the responses and thank everyone who is helping me.

skydivr7673, now that you have seen the documents, are they legal? They weren't even filed in court, there is nothing on the documents that indicates they were. I guess I was under the impression that "Discovery" was something that had to go through the courts first, this looks as though they typed this up on a template and sent it to me via regular mail. I don't know these people from adam, for all I know it could be some scam, they've not sent me any proof that they own this debt so far. Not a single thing, except an account number.

I would really appreciate your help again skydivr7673, please.

unclewulf:
Shazzers, that sounds a lot like the slickie job that Resurgent's tryin' to pull on me. They called Monday [first contact] about the LVNV matter that I'd just DV'ed MRS about the previous week. In the course of the call, the Resurgent rep told me [on tape!] that they'd recieved the dispute and DV request I'd sent them, and that the validation had been sent out on 3/21. She swore I'd have it in 7-10 days.Well, this morning I recieved a thin envelope from Resurgent, containing.... A dunning letter! And an incomplete one, at that, seeing as how it had nothing about my right to dispute the debt, seek validation, or anything along those lines. Maybe there's more stuff in the pipe, but I kinda doubt it.

I had never dealt with Resurgent on this or anything else, ever. I most assuredly had not sent them anything. I sent a strongly worded CD to MRS associates, but that was it. Then Resurgent swears I disputed and ordered validation three days before first contact.

No biggie, just more lies [cha-ching!] We'll see what comes of it. They've signed for a real DV letter now.

I'm dealing with MRS also. *Gulp*! :?

Don't sweat MRS. They aren't half as nasty as I am.

They called repeatedly for months, refusing to provide any information at all. One DV letter, and not peep further out of them. Have they validated yours?

Oh no, they haven't validated it at all. Haven't heard a word, they did receive it though, I have proof! These places are making me want to poke my eyes out. :?

Screw that! They're making me want to poke their eyes out.

Haha, poke away! :lol: