Interrogatories and request for prod of Documents

I am guessing that you were already served the summons for this lawsuit, correct? If not, then you need to file an order to show cause/motion to dismiss due to improper service.

Yes I was served and I filed a answered with the Court, the court sent me a letter in the mail for a case managament cofernce in 3 months, now today I got the Interrogatories and request for prod of Documents
Thanks

you have become a willing participant in the litigation process by answering the summons. however, if you're in over your head contact legal aid. you need to follow the rules of the court or you may have a summary judgment granted against you (which is far worse than default judgment).

I have been looking for legal Aid with no Luck,I have been told by lawyers just claim bankruptcy, I have offered a settlement offer of 2K lump sum there claiming the debt to is 10K with a original amount of 3.5k they said No, and I am unemployed

Bankruptcy makes complete sense in your case.

I am thinking Bankruptcy, But I had a cosigner on the credit card

I work for a debt collection law firm. Sometimes, if you can prove you are unemployed, the case is dismissed....because there is nothing to collect even if they do have judgment granted in their favor.

If you file bankruptcy, then the co-signer/joint account holder would be responsible for the account.

The cosigner's credit is also being destroyed by your inability to pay.

That is quite a conundrum.

yes I understand there credit has been damaged because of this debit, its going on 4 years, now, I have stated to them I am unemployed and have been for well over a year now, they seem to Care less that I am unenployed and would not take my offer to settle at for 2K

They are probably unwilling to settle because they can go after the cosigner. Only if the cosigner becomes unemployed would they be more amenable to settling. I wish there was an easy and convenient solution to this, but I wouldn't give up just yet. The negotiations for a settlement can sometimes go back and forth quite a few times.

Thanks, I have made this case keep going On the hope they would take the settlement I offered, right now there only sueing me not my cosigner yet

the lowest they have come is 4.2k

This site has some pointers about arranging a settlement or payment arrangement in court in order to avoid a judgment. Many times they are more amenable to a settlement in court because you will be dealing with them in person and everything will be in writing.
"http://www.nedap.org/hotline/settle.html"
It is for New York and so may vary in some details with your state.

being unemployed rarely prevents a firm from proceeding for judgment. think about it, in some states judgment is good for as long as 20 years. does the firm think you plan on being unemployed for 20 years?

I have not heard anything from them about a settlement in almost 3 weeks now, the last offer from them was 4.2K and being Unemployed my offer was 2K lump Sum, that is the best I can do, I had a offer for this same debt last year for 1.6K, but did not have the money I could give them in a lump sum

How do I go about answering these Interrogatories questions, Same way as the Summons??? there are 15 of them, Some are questions they should already know like full name birth date residence employers namd where I work and address,

you need legal help. it seems like youre in over your head. i know you said you've looked for legal aid help and were unable to find any. contact the court and they might be able to steer you in the right direction.

in over my head mmm ok thanks

i dont know if that was sarcasm, but you're on an internet message board asking for legal advise. i would say that fact indicates that you need actual "professional" help. ive seen a lot of flimsy advise on here...

I have talked to 4 laywers in my area, one has told me to settle with them another told me to file bankruptcy one charges $150 just to talk with them, I have another one I will be talking to within a few days as well

One thing ever lawyer told me, they should settle with you for the 2K on a 10K Debt, because even if they win a judgement againest me they could still get nothing in the end and thats coming from Pro Lawyers

Should I have gotten a Verification and proof of service letter with the Interrogatories and request for prod of Documents letter because I did not get one

Can I answer direct Questions about the debt on the Interrogatories with insufficient information to confirm or deny

If it is the truth, the whole truth, and nothing but the truth, then you not only can, but certainly must.

And you can get a referral to Legal Aid, through the court itself or its website. With Legal Aid you can pay little to nothing for legal counsel. Call them and ask.

the proof They have giving me is a affidavit that there claiming is from the OC and I am not so sure it is with these JDB and also 5 old statements, How do I even know this person works for the OC, just because it says so, the account number on the Affidavit that there claiming that I opened is not even the Orig Account number, Acording to the statements they gave me, thats a issue right there,even in there complaint I found issues, there claiming account charged off 7,244 in Sept 05, yet they provided me with a bank statement of Oct. 05 shows balance of $3,621.

Don't forget to file a Motion for Discovery. It is more comprehensive.

That link I provided also has a list of all possible defenses:
"http://www.nedap.org/hotline/defenses.html". JDBs are the easiest to defend yourself against.

my Documents and things to be produced

Documents and Things to be Produced


1. A breakdown of the balance and how Plaintiff calculated it

2. Proof that Defendent Entered into any agreement to pay the plaintiff any amount of money for anything.

3. Proof that the Statute of Limitations has not expired on this account

4. Proof that Plaintiff is licensed to collect in the State of Massachusetts

5. Plaintiff Provide Proof of license numbers and Registered Agent

6. Proof that the Plaintiff owns the debt or has been assigned the debt and are legally entitled to collect this particular debt from Defendant

7. Complete payment history, starting with the original creditor.

8. Copy of the original signed loan agreement or credit card application.

9 A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally

my Documents and things to be produced

Documents and Things to be Produced


1. A breakdown of the balance and how Plaintiff calculated it

2. Proof that Defendent Entered into any agreement to pay the plaintiff any amount of money for anything.

3. Proof that the Statute of Limitations has not expired on this account

4. Proof that Plaintiff is licensed to collect in the State of Massachusetts

5. Plaintiff Provide Proof of license numbers and Registered Agent

6. Proof that the Plaintiff owns the debt or has been assigned the debt and are legally entitled to collect this particular debt from Defendant

7. Complete payment history, starting with the original creditor.

8. Copy of the original signed loan agreement or credit card application.

9 A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally

Would I use there introduction for my own Interrogatories and definitions for my own Production of Docs, for there questions about the debit I am going to answer with insufficient information to confirm or deny I am not going to win the case for them ,for there Documents to be produced, I Have none, So I will reply with defendant doesn't have any such documents and there asking for my full name address DOB and employer i'll reply defendant will not give out any private information, should the formate for the answers to there interrogatories and docs be like the answer to the summons be numbered for each of there questions and my answer

I contacted a lawyer from Naca.net in my area and she was $150 an hour to talk with me