I have been served discovery
Date: Sat, 10/24/2009 - 09:31
I am no expert in this area but if you are going to call and mak
I am no expert in this area but if you are going to call and make a settlement on Monday 10/26 I do not believe you need to move forward with the discovery. Have you checked to make sure this CA is licensed and bonded in your state? I had this happen to me several years ago and once I set up the payment plan the county records state dismissed. You can ask for a delete with payment.
Yeah, they are legit. I have already checked into that.. I aske
Yeah, they are legit. I have already checked into that.. I asked someone from John Watts attorney's office, and she said they were bulldogs, and very thorough... I considered myself lucky! HA! Thanks for your help!
call up and set something up voluntarily. the fact that you hav
call up and set something up voluntarily. the fact that you have filed an answer *might* give you some leeway. obviously dont indicate to them that you are unsure if you are going to respond to the discovery request. if you can set something up they will likely ask that you withdraw your answer formally with the court - so discovery wont be necessary anyway.
Sorry, I really don't understand the question. You mean the CA
Sorry, I really don't understand the question. You mean the CA forces you to produce proof that you owe them money????
It is for admissions and interrogratories.. They are asking ques
It is for admissions and interrogratories.. They are asking questions such as Defendant signed the back of card, Defendant used card for extension of credit, etc, etc...
The Collection Agency/Law Firm is responsible for Debt Validatio
The Collection Agency/Law Firm is responsible for Debt Validation not the consumer.
thats a good point kstaff. so lets see.... if the OP uses that
thats a good point kstaff. so lets see.... if the OP uses that are their response to plaintiff's discovery request, what would happen? ohh right! summary judgment! brilliant!
Quote:Originally Posted by Anonymousthats a good point kstaff. s
Quote:
Originally Posted by Anonymous thats a good point kstaff. so lets see.... if the OP uses that are their response to plaintiff's discovery request, what would happen? ohh right! summary judgment! brilliant! |
Nice try. Per FDCPA, the collector is responsible to provide validation of the alleged debt upon demand. The defendant's response to request for admissions would likely take the form of "Defendant denies" or "Defendant has insufficient knowledge to answer." Backed up by a request for validation in discovery. If the plaintiff cannot provide good validation, they aren't gonna win.
Thanks guys, but there are rquests for production of materials a
Thanks guys, but there are rquests for production of materials and Interrogatories.. We have spoken to them, and are going to be able (with a family memeber help) to met their 50% settlement. The thing is, they sent this out on the 10/02, but I didn't get it until 10/23. I have 30 days to file my answers, and I was told by someone that I can take my time on the others.. Do they go by 30 business days, or calendar days? I know that I will need to have the offer in writing, and pretty solid. Do I just write my answers on the paper, copy, then send back? Or do I type them up? I suppose that I should pretty much say lack of sufficent knowledge on all. I need to do this, to give me time to get my settlement in the works, right? Thanks for all the help! This is my last one.. thank goodness...