what will happen at trial?

Make them prove the debt is yours. A photo copy of a statment or a cardholder agreement does not prove that the debt belongs to you. Just because someone makes a photo copy a $100, bill doesn't make that photocopy legal tender and useable! For starters you will need to make it clear that you need proof. Tell them that (if it's a creditcard debt that your being sued for) credit cards contracts are in a class of contracts that are required to be writing. Make them provide you with a signed contract with your signature on it.

They may send you request for integgories (sp?) request for production of documents, stuff like that. You need to fill this stuff out but NEVER give out banking account information or your ss#. Don't give out personal information to help them build a case against you. I've heard that these forms are usually used by the plaintiff to simply try and build a case against you, so be careful how you answer these. You are also allowed to send them the same forms. You also may be allowed to send (to them) and recieve (from them before trial) a disclosure statement. This is a statement of every witnesses and document that are planned to be used at trial.

You have to look up you state's county court rules and procedures. I know it's alot of searching and reading but the answers that you are looking for are in there.

I am kinda new at all of this so mabe someone else will be along to simplify. Maybe if I knew something more about your case. What state, what kind of debt, how old is debt. Spill some beans...

Hello IPoured, thank you for taking the time to respond. Illinois, alleged debt is credit card, my credit report claims account was opened 12/2004 and closed 10/2005. Was a capital one account that was charged off and bought by elite recovery represented by blitt and gaines (attorney) I also have the right to speak to the person named on the affidavit as the agent for the plaintiff(elite) correct? This affidavit doesn't have an official notary seal on it just some name of a notary in new york..I sent them a letter requesting validation of debt, is this the disclosure statement you are speaking of? Thank you so much

Snowhite - I live in IL & have had really good luck with winning a few lawsuits when CA violates FDCPA in their collection letters. EdCombs (Chicago) represented me. It wouldn't hurt to give them a call or visit their website. They won 2 cases for me & I've never been to their office or paid them a fee - they got what they needed by email, filed a lawsuit & won. I'm not sure what kind of $ they got, but I didn't care - first time I won $500, 2nd time $2,500.

Recently I had to go to court on my own however, but I still won after getting some good advice here. It was on a very old debt, past SOL, that junk debt buyer was trying to collect on.

I live in McHenry County. I filed my answer & stated I do not owe any debt to junk debt buyer, I requested debt validation in the form a written agreement with junk debt buyer that bore my signature, and I requested that the case be dismissed with prejudice.

I had to go to court 3 times, but eventually they gave up because at each court date they could not show the judge the documents I requested.

I would not have known to ask for the case to be dismissed with prejudice - someone here told me that was important. I can't remember exactly why - can someone else answer that?

Anyway, since you indicate this is an old debt bought by junk debt buyer I think you have a good chance in IL if you do what I did, however, if you recently made a payment of any kind to the junk debt buyer you may not have much of a case. OR - who knows, maybe their collection letter violated FDCPA - in which case they could wind up paying you $ for their mistakes.

Disclosure statement is different. Check with your state's county court rules to see if it is allowed in your court room rules. Disclosure statement are voluntarily sent back and forth from plaintiff and defendant and provides for all of the information thats going to be used at trial. Showing the judge that you tried to get proof of the alleged debt by requesting validation and verification specifics from the plaintiff is good. If the plaintiff can't or doesn't provide you with the specific information and proof that you requested in order to proove the debt is in fact owed by you, the judge may not let the plaintiff prevail.

You may be able to find an attorney in IL to ask if Disclosre Statements are allowed in your state. I will look into that as well later for you.

Wow, what awesome information, thank you so much! I'm happy to hear that you have won your cases and collected, how great is that?
Just to clarify, at trial when they can not produce what I request is when I ask for dismissal..right?
I will do as you have kindly suggested and look into the fdcpa and combs website. I actually don't even have any letters from the ca. I only received a couple of phone calls (automated) and then the summons.
I have not made any payments to anyone on this. Well...thanks to you IPoured, I feel confident and ready to go. I can't possibly thank you enough. Just one more thing..ha ha Are they obligated to answer my request for validation of debt before the trial date?

No I do not believe that they are required to do so but that fact that you tried to get that information shows positive effort on your part and if they don't provide it than it will probably show the judge that the plaintiff is not very compliant in the interest of justice. I also had trouble locating your local civil county court rules and procedures online. I found the McHenry county court phone number though you could call the courthouse and ask them for the website than has it. It's always best to try and get an attorney but if you don't or can't have representation it's important for you to try and get familiar with your own civil county court rules and procedures.

ps...I wish I had a picture of the attorneys face when I denied the debt and asked for trial..it was priceless!

I will most definately look at our civil county court rules and proc.
Have a great evening!

Munchin, Dismissed with Prejudice means that they can't file suit again for the debt, without prejudice means they can refile later on down the road.

Thank you Guest! :)

Hello Munchkin,
I apologize, I didn't see you come in. Thank you so much for your response. Sincerely

All of you had great Q&A. I learned alot of good information from all of you. Great job. Keep up the good work, we need each other. God Bless.