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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?? :(




Hiya Cellullar, how have you been? Well, don't know, maybe that might be something looking into though, I think I will research that tonight and see what I can come up with. I am wondering though, can you file a countersuit while a case is still pendning, or do you have to wait until a judgment has been made?

Sub: #61 posted on Wed, 08/06/2008 - 10:20

Shazzers Shazzers
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Quote:

DOLLARSandSINCE, I do NOT have the documents they are requesting, it is not my responsibility to furnish thier evidence for them.


I fully agree. Maybe my post was confusing but that is what I was eluding too. I don't think you even need to provide your ss# as evidence. You are not intending on using it to support your side of the case so I think you don't need to provide it to them even through discovery. If they need it for evidence then they need to get it from their own files and they need to prvoide it back to you through discovery since they intend on using it as evidence. The dilema they are in is they don't have it along with any other supporting documents which is just too bad for them.

I don't think you need to fill out that paper anyway. I would not even respond unless the court stipulates it.

Sub: #62 posted on Wed, 08/06/2008 - 10:41

DOLLARSandSINCE DOLLARSandSINCE
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Well, I suppose there is only one way to find out and that is to call the clerk of courts and ask them if I MUST respond to these requests. It's all so redundant for heavens sakes, I've already responded that I can't affirm or deny this claim as there are no documents supporting this claim. :?

Sub: #63 posted on Wed, 08/06/2008 - 10:55

Shazzers Shazzers
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Pretty sure that a response will be necessary. Still researching. You are in OH, Correct?

Sub: #64 posted on Wed, 08/06/2008 - 11:10

NASCAR_Devil NASCAR_Devil
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Yes, I am in Ohio!

Sub: #65 posted on Wed, 08/06/2008 - 11:11

Shazzers Shazzers
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I don't know if you are required to fill out this document but the court should tell you if it is required or not. If Nacar is right then you might have to fill it out. What really bothers me is they are specifically asking for the SS# which they should already have. I could see them taking what you provided and updating everything to make it look like they had it all along. I somewhat like Nascars response because you are limiting their use of personal information plus you are not actually furnishing it right away. You make them jump through some more hoops to get it. What I really want to know is why can you just not agree to respond to that question or divulge that piece of information? I am going to borrow some of your response Nascar.

Due to the confidential and/or commercially sensitive nature of the documents requested, Defendant will not supply sensitive documents to plaintiff without court order. Defendant will however validate the accuracy of the equivalent document when supplied by plaintiff and/or Defendant will furnish confidential document to the court to validate accuracies and or discrepancies.

You might need to work on it some but something along those lines. I don't know if you can do this but want I am trying to do is say you will look at the number they have on file and verify that it is not yours as opposed to just handing yours over.

Sub: #66 posted on Wed, 08/06/2008 - 11:50

DOLLARSandSINCE DOLLARSandSINCE
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Just remember that regardless of what you answer lack of knowledge is for answering the complaint ONLY. Answering an admission with a "lack of knowledge" response is legal suicide as it is IMPROPER, and they will motion the court to deem the admission to be admitted, they will motion for summary judgemnet, and you will LOSE!

The only three proper answers in many cases is:

Defendant denies Plaintiff's request for admission number whatever.

Defendant admits Plaintiff's request for admission number whatever.

Defendant admits in part and denies in part Plaintiff's request for admission number whatever. (explain which part is being admitted or denied... note seldom used).

Sub: #67 posted on Wed, 08/06/2008 - 12:10

NASCAR_Devil NASCAR_Devil
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Now that's a fantastic idea! In the first place, this is the most rediculous lawsuit I have ever been a part of (not that this is common practice for me, although it seems so lately). And secondly, I have already had a garnishment overturned, a judgment vacated, and they admitted they did not have any documents supporting this because they aren't the OC, plus they as much as said that I have all that documentation because the bills were sent to me. How lame was that? And that statement came from an Attorney?????? :?

Sub: #68 posted on Wed, 08/06/2008 - 12:13

Shazzers Shazzers
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Have you started reviewing OH's Rules of Civil Procedure?

http://www.sconet.state.oh.u s/rules/

Sub: #69 posted on Wed, 08/06/2008 - 12:20

NASCAR_Devil NASCAR_Devil
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Maybe you could just keep the SS# question simple then and answer it

Defendant denies Plaintiff's request for admission number whatever.

Sub: #70 posted on Wed, 08/06/2008 - 12:21

DOLLARSandSINCE DOLLARSandSINCE
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