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being sued pressler

Date: Fri, 01/23/2009 - 09:39

Submitted by smithmapleshade
on Fri, 01/23/2009 - 09:39

Posts: 36 Credits: [Donate]

Total Replies: 4


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being sue i answered the court form a and have a court date now and the collection agency and pressler and pressler sent this to me to answer be the date

okay i just got the interrogatories

the 1 is set forth with specificity all facts in support of each defense and /or claim which the defendant has in the above-entitled matter including dates places names and addressess of person present or involved in amy actions and /or conversations.
ans.

2 attach copies of all writings documents or any other records whick relate to said account or in any way support any defenses or claims including but not limited to correspondence contracts agreements notices monthly statements applications and aaany letters sent to or received in connection with the subject account
ans.

3 attach any documentation evidencing defendant;s mailing address between 06-14-06 to 02-15-08 which should include but is not limited to copies of energy or water bills telephone bills lease and /or deeds / mortgages and drivers licenses if said documentation is not in the possession of the defendant please list each address at which the defendant received mail duding the time period requested
ans

i have a court date on 3/5/09


You need to send them interrogatories as well. Ask them for a copy of the original signed contract, all statements, bill of sale or proof they are legally able to collect this debt, a complete breakdown of all the charges and what are they for, any licenses and/or bonds necessary to collect in your state.

As for the interrogatories you got, just answer the ones asking for documentation that you have none, and the addresses, you can try stating that it is irrelevant to the case (they may try to pull a motion to compel) or you could go ahead and list what addresses you lived at, couldn't help them overly much since it is not proof you owe the debt just because the addresses match.

If they bring in any affidavits, you object to them as hearsay as you have the right to question any person signing said affidavit and they could only be a true party to the situation if they worked for the original creditor, not the collection agency.


lrhall41

Submitted by goldenbast on Fri, 01/23/2009 - 10:08

( Posts: 2884 | Credits: )