Patenaude & Felix, APC. sued me without validated
Date: Wed, 03/16/2011 - 20:31
In my opinion, it's better to wait till the court date and check
In my opinion, it's better to wait till the court date and check out what the court decides in this matter.
Is it too late for discovery? You would have to file a motion f
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.
@ Goldenbast..Yes, I sent them all my papers with CMRR. Even the
@ 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???
Yes...you need to look up your states rules of civil procedure.
Yes...you need to look up your states rules of civil procedure. Everything you send them you have to have a certificate of service and the motion needs to be formatted per your court rules. Did they send you discovery?
they never send me discovery....can I file for motion to dismiss
they never send me discovery....can I file for motion to dismiss if they do not have anything attach on their complaint paper?
No. You need to properly format a discovery and send it too the
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.