Answer Filed

Now that you have your answer filed, you will need to wait. Now is the discovery phase. You soon will be getting interrogatories, request for production of documents and request for admissions. You will need to answer these also.

If they ask for personal information such as your social security number, you could answer that that information is private. You cannot be forced to disclose a social security number, you have a right of privacy on that. They also might ask you what bank accounts you have or had for the past 10 years, again disclosing that information has nothing to do with what they are suing you for. Lastly they will ask you what credit cards,charge cards, loans and such you have had in the past besides the one they are suing you for, that has nothing to do with the case at hand and therefore you do not need to provide it.

What they are trying to do is build a case against you on the little information they have. They might have your social security number, they might only have the last 4 digits. Most likely they looked at your credit report and by you providing irrelevant information to them gives them an upper hand. They will probably say that the information you provided is the same information they have. If they don't have all your information they now will and use that against you.

Answer how you want to, this is just what I would do. You will need to sign your answers to all of the information they request. I only recommend initialing these documents, again they could forge your name onto something.

After that you can turn around and send them request for production of documents. You will need to use the same format that they use. This will give you an idea of how to file papers. You should also see a certificate of service and will need to enclose that too. It is pretty basic and you will see what I mean once they start sending you things.

After this is done, if they do not respond to your production of documents, it's probably 30 days they have if I remember correctly, you can file a motion to compel or you even might be able to file a motion to dismiss with prejudice, I am not sure on the latter one.

If you did get documents then the next step is a case management conference. This is where you sit down with the Plaintiffs attorney and make sure everyone has what they need. If not then deadlines are set to provide the requested information. If everyone has everything they need then arrangements are made between both parties. If they can come to an agreement the case stops there and it is over. If both cannot come to an agreement or if the defendant still denies the debt is theirs and the plaintiff has no documentation the plaintiff will try to get a continuance most likely. If that is the case, you should motion to dismiss with prejudice for them failing to show up in court unprepared.

A highly unlikely scenario is that the case goes to trial. It is usually stopped at the case management conference for a few reasons, mostly what I stated above. If it does go to trial and you lose a judgment will be entered against you. The court does not enforce the judgment to a point. The court is only involved to put whatever payment agreement there is on the record. After the judgment is entered it is up to the plaintiff to set up a payment hearing. You will then discuss payment options. Whatever you agree on goes on record with the court. So if you agree to pay $100 a month then that is the agreement and they have to abide by it. If they violate that agreement then it could be grounds for a lawsuit against them and having the whole case thrown out.

IF you violate the agreement then that is when they will get a court order to go after your bank account and/or assets. Remember any income that is not in possession of an employee cannot be garnished in your state. Once you receive your pay then it's fair game to them, with the exception of Social Security, unemployment, SSDI, public assistance and a few others which can never be touched and is totally exempt. Furthermore if a person ha no assets and is on that type of income, they are known as JUDGMENT PROOF. That means that a judgment can be entered but cannot be enforced. They can ask you to pay but if you tell them you can't they cannot make you pay from exempt income so be careful if this is your case.


I think I just about covered what I could so I hope this helps and don't be afraid to ask any other questions.

Guest thank you. Very insightful.

So when they do send there questions what needs to be answered and what doesn't. I don't need to provide SS #. Bank accounts, and Credit accounts. Correct?

Thank you

well, think about it--they are suing you over a debt, right? the first way to identify the correct debtor would be by name, address, date of birth, and social security number. if they are asking you for your SSN, what in the world are they suing you for? If they have a legitimate suit against you, wouldnt they already have that information?

The only time you are required by law to provide your social security number is to the government. And by government, i dont mean the county court--i mean the federal government.

Often times, the CA will ask you to answer questions and produce documents that would actually prove THEIR case....which is THEIR job and not yours. If they do not have or cannot produce themselves the required documentation of this debt, i would fight it every step. A legitimate claim would have documentation without trying to trick you into providing it for them.

How long does it normally take for the next step to happen?

AMEN skydivr, exactly my point, you just said it so much better!!!

I would say about a month or less and you will start to get these requests. My word of advice is to go to the court house as soon as you can and serve them before they serve you. Ask the court what you need to do to request production of documents as a defendant. Ask them for the following:

1. What the money you say I owe is for

2. Explain and show me how you calculated what you say I owe

3. Provide me with copies of any papers that show I agreed to pay what you say I owe

5. Identify the original creditor

6. Prove the Statute of Limitations has not expired on this account

7. Show me that you are licensed to collect in my state

8. Provide me with your license numbers and Registered Agent

9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law

10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

ARE THESE REQUEST SENT BY MAIL OR ARE THEY IN FORM OF A SUMMONS AND HAND DELIVERED