Possible Fake Discovery Request From Law Office

Your best bet would be to contact the court clerks office at that court. Tell them what you have received and ask them if its customary for discovery requests to be done without going through the court like this. Also, if their request was filed through the court, the clerk will be able to tell you this. It would seem to me that ANY such documentation or motions would have to be filed so that they could be a part of the official record....

I guess I'll give them a call tomorrow, but the only problem is they know absolutely nothing.. I was told by the woman there when I called we know nothing about the legal system we just file the documents. I would appreciate any advice in dealing this matter.. I don't know what action I should take like file for discovery myself?

They dont need to know anything about the legal system to be able to tell you if the lawyer's request for discovery was filed on the docket. And thats really what youre looking for. Although, I have a sneaking suspicion that it wasnt, because when you file such a motion, you are required to be able to show the court that you provided a copy of it to the opposing party in your case. And sending something by regular mail does not in any way show that it got into the other person's hands.

I called the court house as you suggested and spoke with a knowledgeable woman and she stated the last activity in the case was my sworn denial letter nothing has been filed by them sense the initial law suit.

I'm worried and dont know what action I should take next?? Please advice...

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They will ask a lot of questions, but you don't have to answer them in the way they want. Do you need help with the answers?

Also, be sure that you also send them a request for production of documents. You have the same opportunity to ask questions as they do and it will be the way you find out what information/documents they have.

Hi thanks for your help folks I would really love help answering theses questions and information on how I go about requesting production INTERROGATORIESInterrogatory No. 1 Please state your full name, address, date of birth, place of birth, and social security number . Interrogatory No. 2 What is the name and address of the bank where you have your checking account?Interrogatory No. 3 Identify any payment that you have made to the Plaintiff and state of the last payment you made to the Plaintiff and the amount of that payment.Interrogatory No. 4 Identify any payment that you have made to the original creditor, Care Credit, and state the date of the last payment you made to the original creditor and the amount of that payment. Interrogatory No. 5 Identify any payment that you have made on the Account, numberxxxxxxxxxxxxxxxxxx, and state the date of the last payment you made on the Account and the amount of that payment.Interrogatory No. 6 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account.Interrogatory No. 7 Please list the date and amount of all payments made by check, money order, banks official check or any other means, that you claim were made on the Account.Interrogatory No. 8 Is the amount that you owe on the Account sued upon correct and, if not, what is the correct amount?Interrogatory No. 9 If any offers of settlement were made to you on your Account, please state the name, address, and phone number of the person and company who offered you the settlement and how long the settlement was good for? Interrogatory No. 10 Please state the manner in which you paid and settlement that you allege was made ( i.e.check, money order, etc).Interrogatory No. 11 Have you ever received a settlement letter or paid in full receipt evidencing an amount you paid toward the Account sued upon?Interrogatory No. 12 Please provide the following information for each person you will call as a witness at the trial of the captioned matter:1. Name, address, and telephone number;2. Place of employment;3. Relation to the Defendant;4. The subjects and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness. Interrogatory No. 13 Please identify and describe each exhibit you will use in the trial of the captioned matter.Interrogatory No. 14 Are you currently involved in any litigation in which you are a Plaintiff; If so, then: 1. In what court is this matter pending? 2. What is the nature of this claim? Interrogatory No. 15 State fully, completely and at length the factual basis of each defense which you now assert or intend to assert in this action.Interrogatory No. 16 As to each defense set out in response to Interrogatory Thirteen (13), above, state the following as to notification to Plaintiff by Defendant of such defense: (a) the date or dates when notification was given; (b) the manner in which notification was given,; and ?? the specific party or parties to whom notification was given. REQUESTS TO ADMIT FACTS The plaintiff requests that the Defendant answer the following requests to admit facts pursuant to , and in accordance with , Indiana Rules of Civil Procedure 36. If the Defendant objects to any requested admission, the reasons therefore shall be stated. The Defendant's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Defendant cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Defendant qualify an answer or deny only part of the matter of which an admission is requested, the Defendant shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial or the part thereof.Fact No. 1 Please admit that you applied to the original creditor, Care Credit, for the revolving credit account, number xxxxxxxxxxxxxxxx, in question.Fact No. 2 Please admit that you made charges on the revolving credit account.Fact No. 3 Please admit that by using the revolving credit card account you agreed to its terms and conditions, including but not limited to payment of interest, costs, and attorney's fee.Fact No. 4 Please admit that you are indebted to the Plaintiff in the amount of $2,366.93, plus any accrued interest, as shown on Plaintiff's Complaint.Fact No. 5 Please admit that you made payment(s) on your account.Fact No. 6 Please admit that you owe the balance on the Account to the Plaintiff.Fact No. 7 Please admit that the correct balance is outlined in the Complaint. DOCUMENTS TO BE PRODUCED 1. Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued uppon. 2. Please provide copies of any and all settlement letters or offers to settle regarding the account sued upon. 3. Please provide copies of any and all receipts, letters, or other information that supports your contention that the account was paid in full. 4. Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial. 5. If you are currently involved in any litigation as a Plaintiff, inside or outside of the state of Indiana, please provide a copy of the petition for damages, including amendments and responses. 6. Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon.

Let's back track a little. When you first received your summons/complaint, was there any evidence they included as proof of the debt?

Also, please check your pm's in just a minute.

You should answer their discovery requests. But - do it this way. Deny their requests for admissions. And object to their interrogatories and requests for production of documents. Their requests for production of documents are irrelevant and burdensome, and request items that should already be in the possession of the plaintiff, if they actually had a case. Do NOT give them your checking account information or SSN, these requests are an unwarranted invasion of personal privacy.

Object to the others on the basis that they assume facts not in evidence.

You need to send the plaintiff your own discovery requests! See what info, if any, they have.

Ok, I have a question to answering their interrogatories. Now for Interrogator 1 they ask 5 questions I see nothing wrong answering my name address, but don't feel I should answer date of birth place of birth and social so I how do I answer the first 2, but object to the last 3? Do I just answer the first 2 and post
Interrogatory No 1 is objected by the Defendant on grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to leadto the discovery of evidence, and would result in the disclosure of information where such disclosurewould violate the privacy rights of the Defendant.

Yes, that's exactly the way to do it.

So how did this case turn out, Rick? i could not find any more post from you on this case in the forums. Thanks!