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Discovery and trial

Date: Tue, 03/10/2009 - 18:06

Submitted by anonymous
on Tue, 03/10/2009 - 18:06

Posts: 202330 Credits: [Donate]

Total Replies: 7


I just attended my pre-trial this morning where I'm being sued by Portfolio Recovery. I have sent validation letters to them previously but they have never validated the debt other than to send an office generated form showing my name/address an acct. number and stating that the debt had been purchased from Capt. One. When I disputed a second time, I never heard from them again until 4months later when I recieved the summons. I did repsond and that is when today happened. The attorney for Portfolio attempted to settle with me prior to going before the judge but I refused stating that they have never validated or proven the debt was mine. The judge asked the plaintiff if he had any evidence with him showing the debt was mine, after I denied the debt. The plaintiff stated that they did have evidence...."several statments" but he did not have them with him. The plaintiff asked for 90 days so they could gather the evidence and requested discovery. The judge set a trial date for sometime late summer/early fall. What happens next?? Do I wait for the attorney to send their discovery questions to me or should I send mine first?? Once I receive their list of questions/requests, how do I respond?? What do I have to give them?? I'm terrified about next steps! Any help or guidance would be so very much appreciated as I have to represent myself. Thank you!!


You should have objected to the 90 day extension, If he didn't have that information then, he doesn't have it. They are trying to make stuff up as we speak. If they bring an affidavit as evidence, your next step is to subpoena the person(s) who sign them. It is hearsay and unless the person was there seeing you use the card, it has no standing.

Don't wait for them, send them interrogatories, request for admissions and request for production of documents. When they serve you, come back and we will try to help you answer them if we can.


lrhall41

Submitted by pokertramp on Wed, 03/11/2009 - 04:52

( Posts: 512 | Credits: )


Also countersue them for violations...they HAD to properly validate before the sued you, since you sent the DV before they filed suit.

Make sure whatever they bring is from the original creditor, don't let them try to use what they sent you. A judge may accept it if you don't object to it. Take copies of the collection laws in case the judge needs to see...the pertinent part being that validation HAS to be from the original creditor.


lrhall41

Submitted by goldenbast on Wed, 03/11/2009 - 08:15

( Posts: 2884 | Credits: )


Thank you all so much for your replies!! I had a sleepless night last night after attending in my pre-trial. Reading your replies gives me my second wind to keep fighting back and confirms that my rights are being trampled on by this JDB!! I will now plan on countersuing!! Thank you again!! I'm sure I will have more questions as I prepare my discovery of documents request. Any advice on where I could locate samples on here? You are all the best!!


lrhall41

Submitted by on Wed, 03/11/2009 - 18:48

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Thank you all so much for your replies!! I had a sleepless night after my pre-trial but reading your replies helped me get my second wind to keep fighting back!! I now know that I need to countersue as my rights are being trampled on by this JDB!! I will prepare my request for documents immediately and request the person who signed this self-created affividative be present. I'm sure that I will have more questions as I prepare this request. Is there a location on this forum you can recommend I look for examples on how to best prepare a discovery request? Thank you again.....you are all the BEST and have helped ease my mind greatly!!


lrhall41

Submitted by on Wed, 03/11/2009 - 18:58

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