Discovery Documents List Wrong Plaintiff

In your situation I would have filed the motion of discovery along with the answer to the summon in which I'd have denied the debt as mine.

In the interroogatories, do not give personal information, object to it. Any question related to the HVAC company is a full denial if in fact you never delt with them. Most likely they have the wrong information. Any information is either an objection or neither confirm nor deny due to lack of information most of the time anyway.

It is tough to tell you how to answer the questions without seeing them, there are defenses for each one and need to be done right. Post them if you can. What you could also do after you answer the interrogatories and admissions is get a hard copy of your credit report showing the SOL has expired. Then go to the court house and file a motion to dismiss for the debt being time barred. I know in my state it is a 2 page form and a court date is set to see the judge, have your records in order proof of last payment, proof that Arrow purchased the debt in 2006 and the dates.

Thanks! I"ll try to post the questions soon. They basically just are requesting information to prove that account is or isn't mine, when I last made a payment, etc. They all relate to the supposed account with the HVAC company which is in fact not mine, so I guess the correct thing to do would be to deny everything? Other than the credit report, is there anything else I need to prove that the SOL has expired? I wasn't aware I could file the dismissal, so I appreciate the advice! I'll definitely do that as soon as I mail back the documents. For the interrogatories and admissions, I just need to write the responses and mail back in? Just want to make sure I do everything correctly so they can't get ANY advantages.

Thank you so much!

So you say the summons and interrogatories have a different plaintiff??? Either way yes deny everything if it pertains to the HVAC company. Is this the only bad mark on your credit report? I would go ASAP to file the dismissal and then mail back the documents as long as you mail them back in time.

Yes for the interrogatories and other things, mail them CMRRR to the Plaintiff's attorney. It might cost a bit but well worth it to prove you mailed them. Most likely if they do not like your answers they will try to get a default judgment, be careful with that. I had an attorney try that with me saying I never answered so I filed a motion to dismiss, in court he said he didn't like my answers,lol

You kind of have to format your answers the correct way. You can kind of get an idea of what I am talking about by looking at the papers they served you, usually on the heading is says something like "commonwealth of Massachusetts" or whatever state you are in. The cover page says what you sent. The second to the last page is sort of a sworn statement under oath that all information is true and that you are filing pro se. The last page is telling what you sent, how you sent it, when you sent it,where you sent it to,,,,,,,,I think that;s it,lol

While your at it, and at the same time, serve them with interrogatories, request for production of documents. Search around for your states rules of civil procedure so you know how many questions you can serve, usually it's 15. Ask them when the last payment was made, Identify the original creditor and whatever else you can think of. Same goes for production of documents, ask for anything you can, original contract, statements......that they have in their possession.

Most likely though if you file for a motion to dismiss based on the SOL they will fold. So you could do all this paperwork for nothing but it is VERY necessary.

I just thought of something else too. You said this HVAC place is in your city, so try going down there and see if you can get a sworn testimony from them in court to prove your claim.

Thank you! I have until Saturday to get the replies in the mail and delivered. I plan to answer (and DENY) everything and mail it certified mail in the morning.

So, even though the discovery lists a different and incorrect plaintiff, I still need to go forward and submit a discovery to them based on the incorrect plaintiff? I want to make sure this issue doesn't grow into something bigger since I truly have never had an account with this HVAC company.

For the summons which lists the correct plaintiff, I plan on going to the courthouse this week and filing a motion for dismissal. I'm so confused and upset by all that is going on with this madness. How can a "law firm" aka Collection Agency file a summons listing the correct plaintiff and then three months later send me a discovery with the SAME file number but incorrect plaintiff? I just don't understand how THEY can't be at fault! Should I be at all concerned about this being some kind of scam?

TO answer your additional questions irishpat77, this isn't the only thing on my credit report. There is another "ding" from Asset which I've attempted to dispute. It's for a debt of $330 owed to a retail card. Thing is, I paid the debt off years ago. In fact, the SOL on that has expired too. Unfortunately, I only have in possession a few bills that show the payments in addition to an online print out from an online bill pay company as well. I don't have the final few statements showing I closed out the account (lost within several moves) but the statements I DO have show the balance well below the $330. When I submitted an investigation request to all three credit bureaus, Asset INCREASED the amount of the debt by $100!! Not sure how they can do that! So, I'm at a loss as to what to do about that as well.

For the meantime, this situation with Arrow is my main concern, given they've filed a summons. I will call the court tomorrow to ask about the discovery to see if the law firm has submitted something to them with the incorrect plaintiff. I just don't trust these guys at ALL and am concerned I'm somehow getting tricked. The debt in question with the credit card company (NOT the false HVAC claim) IS in fact legitimate but it is also past the SOL. Which is what i'll base my motion to dismiss on.

Just very frustrated.

Just mailed the discovery documents today via priority mail, certified mail. To each question or request I simply wrote "I have never had an account or relationship with Lennox Industries". To those questions asking for documents pertaining to the account, I wrote denied, followed up with the prior.

Now, I'm getting ready to call the clerk of court to see if I can get some kind of information regarding the file number and if Mann Bracken has since done any kind of actions since I submitted my answer to the summons which contained the correct plaintiff.

In the meantime, should I even bother sending discovery requests to Mann Bracken for either case IF I choose to file a motion to dismiss based on the SOL expiring?

And, do I need to include a copy of a credit report showing where the last payment was in fact made on the card when I submit the motion?

Thanks so much for your advice and help. It has really calmed my nerves quite a bit, although I must say I'm QUITE nervous that Mann Bracken will still somehow try to take me to court...even for the case regarding the wrong plaintiff!