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Oh my gosh, something fishy is going on!

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This is the link to my original thread:
http://www.debtconsolidationcare.com/collection-agencies/arrow-financial.html

Today, at work (I work in an office), I received a letter addressed to my employer from Javitch, Block & Rothbone, it says to the payroll department. It has to be about me! I just received a judgment from the court to vacate the original default judgment, and am in the process of answering the original claim. What in God's name is going on! I am panicking right now because I can NOT open this, yet I know it's about me. This is so humiliating, all I need is for my employer to know how many financial problems I am having right now. What should I do?? :(




Quote:
remember that discovery is meant for one side to get an idea of the evidence the other side has that supports of refutes a particular side's case. You are obligated to provide what you have, but if you don't have it make sure you tell them what you don't have. they are looking for anything that shows your knowledge of the debt and the amounts...


jj I have zilch, and stated so in both summons!! I stated that I have no knowledge of this claim as there is no documentation supporting it!! This has gone on and on and on, why on Gods green earth would I (or anyone for that matter) provide the documentation to support their claim??? Even IF I did have it, why would I cut my own throat (so to speak)?? I just don't get this at all. They continue to sue me but have not to this day provided the court with ANY proof that this is a valid debt??? All the court has is their word??? That is what it boils down too in a nutshell. :shock:

Sub: #41 posted on Tue, 08/05/2008 - 16:21

Shazzers Shazzers
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Quote:
Even if they subpoena information you have on the account proving it to be yours still leaves them without a assignment contract or bill of sale leaving them with no legal entitlement.


JCEMT don't you think they are grasping for straws??? I mean do you think, that this CA actually believes that I or anyone else is about to provide them with the documentation to support their claim? By no means am I well versed in the law, however, it doesn't take a rocket scientist to figure out what they are up to! Now, as it is, I am willing to bet you anything that the court date which WAS scheduled for Aug. 22 will be delayed because of these stupid interrogatories! :shock: I just want to scream BUT I won't!!

Sub: #42 posted on Tue, 08/05/2008 - 16:25

Shazzers Shazzers
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This makes no sense to me. I only read the last pages posts but what I am understanding is basically you DV'd these scumbags requesting all the applicable account info which they ignored. You went to court and again requested the same info which they admitted to not having. Now they are requesting the same info from you that you requested from them? Duh, you requested it because it is their burden to prove the debt by providing the appropriate documentation that you do not have. Hello McFly... I am just curious if the document they sent you came via the court. If they generated it then why even bother replying at all? If it came via the court then I would answer along the same lines that you answered the summons without providing any new info.


DOLLARSandSINCE the packet came from Javitch, Block & Rothbone, regular mail. According to what I received, a copy was sent to the Judge, and it states this is my first set of interrogatories. It is asking for me to produce documents and requests for admissions. BAH!!!!!!!! Ya know what really makes me mad, is the fact that they request my SS#, that is NONE of their darn business!! Why would I volunteer that information? If these people REALLY own this debt, they would have that information would they not??? On another set of interrogatories I answer to a CA I answered that statement with "Plaintiff is not comfortable providing personal and private information, as there has been no documentation supporting this claim". Apparently it was accepted by the court because there was no demand made by the court for me to provide that info. Oh my gosh, this is unreal!! :shock:

Sub: #43 posted on Tue, 08/05/2008 - 16:36

Shazzers Shazzers
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SS#?...at this point i would contact the court and clarify what
you need to provide.let it be known that you are not thrilled with giving your SS#.your right,if these doffuses had any legit
claim they would have that.i would just ask the court what you
need to provide.

Sub: #44 posted on Wed, 08/06/2008 - 05:53

paulmergel paulmergel
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I would contact the court and find out if I had to fill out that document. It sounds like a BS document to me that was already answered with the official summons. This is all just for argument sake since you obviously don't have any of those documents anyway.

Maybe JJ or someone can correct me if I am wrong about discovery but this is my understanding of it. Discovery is all about showing evidence you intend on using at the hearing to the other party prior to the hearing. Basicly you can not blind side the other party with last minute top secret evidence like they show on TV sometimes. It would be objected and not allowed I think. What I am getting at is even if you did happen to have a copy of a signed contract laying around you would not need to produce it during discovery because it is not something you intend on using at the trial. It then becomes their burden to come up with that document. They can use other methods I think to get documents from you if they think you have them but that would require a court order. In this case there is no court order for documents you may or may not have.

Sub: #45 posted on Wed, 08/06/2008 - 06:43

DOLLARSandSINCE DOLLARSandSINCE
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exactly dollars,shazz even said it was sent by the CA,then sent to the judge.in fact i talked to my friend who happens to work for the IL state's attorney and said the same thing.talk to the court before you fill anything out.it looks like there attempt to get the info they can't provide.she said the kicker was asking for shazz SS#.

Sub: #46 posted on Wed, 08/06/2008 - 06:53

paulmergel paulmergel
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Yeah I really don't think you are obligated to fill that paperwork out. I see no reason why it is your responsibility to provide them with any of that information especially your SS#. If you actually owe them money then they would already have it. If the court said you had to fill it out, which I don't think they will, I would put something like see signed contract and your records for confidential information on the SS# blank. Basically I would answer all questions without really answering them and I would deny deny deny. I would also try to stay consistent with the answers on the first summons.

What would be really cool is if you could figure out a way to counter sue them. It would be nice if you had something in your records that showed some violations on their part. Maybe you could pull a current copy of all 3 credit reports and see if they are still reporting a deliquent account. That might be a violation of the FCRA but I am not sure.

Sub: #47 posted on Wed, 08/06/2008 - 07:55

DOLLARSandSINCE DOLLARSandSINCE
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i don't think shazz has an attorney,cause lord knows if she did it wouldn't have dragged on this long.however i would start to seek a consumer attorney on a contingency basis.she has enough to countersue,but does she want to?i don't know.

Sub: #48 posted on Wed, 08/06/2008 - 08:03

paulmergel paulmergel
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You could answer with:


Defendant will produce the requested documents for inspection only. Due to the confidential and/or commercially sensitive nature of the documents requested, Defendant will not permit photocopying or dissemination of same without a court order limiting uses of the copies to this litigation only and for such specific purposes as authorized by the court.

Sub: #49 posted on Wed, 08/06/2008 - 08:03

NASCAR_Devil NASCAR_Devil
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Quote:
don't think shazz has an attorney,cause lord knows if she did it wouldn't have dragged on this long.however i would start to seek a consumer attorney on a contingency basis.she has enough to countersue,but does she want to?i don't know.


Paul no, I have been working on this case pro se, I attempted to get an attorney on a contingency basis, but had no luck finding one. Besides, so far I have done all the work on this case myself, I'm pretty sure I can see this through myself. They have admitted to not having any documentation, what more does the court want? How can they allow this to continue when all this CA has is their word that I owe SOMEone money, and they purchased this debt in hopes that they could sue me for a rediculous amount of money. What they don't realize is, I live alone, I support myself, I don't have squat for them to even garnish, so they are fighting a losing battle from the get go, whether this debt is valid or not. :?

Sub: #50 posted on Wed, 08/06/2008 - 08:21

Shazzers Shazzers
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