Geeze
Date: Wed, 01/14/2009 - 19:10
I'm going to file my answer with what few affirmative defenses that I think I have.
Does anyone know if I have to have this notarized before I file it?
I'm then sending another letter to the JDB's attorney. I'm going to ask them nicely to please send me something proving that I owe this debt, and that they can legally collect it.
I don't really want to risk a judgment. I'm going to tell them that if they can show me that this is my debt, I'll be willing to pay $50 monthly if they dismiss this case. I can't afford anything over $50 monthly.
Any advice?
Guest, ask for debt validation during discovery, they probably c
Guest, ask for debt validation during discovery, they probably can't produce it, if not ask the judge to dismiss the case with prejudice; they won't treat you nicely, so why should you treat them differently? If the judge refuses to dismiss the case, let them make you an offer, put it in writing on their letterhead and signed by the attorney or a manager. DON'T give them any of your banking information!
File your answer with the court and send a copy to the CA's atto
File your answer with the court and send a copy to the CA's attorney as required. When filing with the court ask for the forms for subpoenaing records. And have them served on the attorney. You will probably see a screaming stop to this action. They HAVE to answer this request because it is a court order. Failure is going to get the case dismissed. If they show up in court with the documents ask for a postponement so you can review and research the documents.
DO NOT accept any affidavit saying that so and so has personal knowledge of your liability, demand that this person appear in court so that you can question them directly. They won't.