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Patenaude & Felix, APC. sued me without validated

Date: Wed, 03/16/2011 - 20:31

Submitted by yang vang
on Wed, 03/16/2011 - 20:31

Posts: 3 Credits: [Donate]

Total Replies: 6


Patenaude & Felix, APC. sued me without validated the debt which they said I owed. I answer the complaint and went to case management conference. Now the court date is set for Feb. 2012. Any advise what should I do now or I just wait to court date?


Is it too late for discovery? You would have to file a motion for Discovery or Interrogatories. This is where you can ask for all validating documentation. You should not be forced to pay anything they can't prove!!! Also, if they have any affidavits you need to object to them as hearsay and if they have anything as evidence that is from their own company and not the original creditor, you need to object to those as well.

You mentioned they didn't validate....did you send them a validation letter (CMRR) prior to them filing suit? If you did you can counter sue them for violating federal law in that they continued collection activity after receiving a validation letter.


lrhall41

Submitted by goldenbast on Thu, 03/17/2011 - 01:57

( Posts: 2884 | Credits: )


@ Goldenbast..Yes, I sent them all my papers with CMRR. Even the complaint statement I also ask them to validate the debt but they also failed to do so. I sent them discovery paper in Dec. 2010, I believe I may done something wrong though...I ask for Admission, Interrogatories and all the good stuffs. They reply that: Defendant objects to answering any of Defendant's Discovery because Request for Production is improper and propounded in violation CCP section 2031.030. Further this Discovery Request did not have the required Proof of Service attached. Should I send them another discovery??? What to do next??? if you have example of how to write discovery please help???


lrhall41

Submitted by yang vang on Thu, 03/17/2011 - 10:06

( Posts: 3 | Credits: )


No. You need to properly format a discovery and send it too them, then if they object to it or don't answer it, you can motion to compel or motion to dismiss for lack of evidence. You really need to look up your rules of civil procedure so they can't object to it based solely on wrong formatting.


lrhall41

Submitted by goldenbast on Tue, 03/29/2011 - 08:05

( Posts: 2884 | Credits: )