Received First Set of Interrogatories
Date: Mon, 06/22/2009 - 13:14
Today I received via first class mail (not registered or anything) several papers called Plaintiff's First Set of Interrogatories. This is for a credit card debt in 2000, when I was 16 years old. It's only $4,900 or so. I live in Rhode Island. I'm just wondering considering how old this is can they really still take me to court over this?
It's not even the original credit card company who is asking for the money. It's Credigy Receivables, Inc. I've had a lawyer back in 2000-01 take care of this and every so often (once a year maybe) I get debt collection letters and this might be the 2nd court related item I have received. Last time I called them and told them the debt wasn't valid and that they already took me to court and lost. That was over a year ago and then now I get this.
Do I have to respond to this or can I leave it as is. I mean how do they know I received it via the mail anyways?
what you need to do is get this taken care of permanently--as in
what you need to do is get this taken care of permanently--as in get is "dismissed with prejudice". That way, even if another debt collector comes along next year, all you need to do is send them a copy of the judgment "with prejudice" and they will have to go away.
I can only assume that you were served a summons for this and that you must have answered it, because if you had not, they would be pressing for default judgment instead of interrogatories.
I would seriously contact that lawyer that handled this for you way back then, and ask them if they have any record of this issue--having documentation is far more effective than just saying "look, this was handled already". Plus, since it's pretty much a given that 99% of the junk collectors out there wouldnt listen no matter what you put in front of them, the documentation will come in handy with the court this time around.
If you were not served, then you need to be sure to bring that up to the court as well--it is grounds for dismissal(improper service). But the most obvious thing about this is that, being that you were a minor at the time they claim you had this credit card, you were not legally responsible and not legally able to enter into a contract in the first place. I would think that if you show up in court with that information, show your driver's license and birth certificate to the judge, I couldnt imagine any judge allowing this suit to continue.
Thanks for the reply. Unfortunately the lawyer I had is no longe
Thanks for the reply. Unfortunately the lawyer I had is no longer in business it seems. I have been unable to contact him for a few years. His number is no longer in service heh.
I received a similar court documented paper via mail about a year ago. It wasn't served to me officially, it was sent standard first class mail. It just requested I contact them and then make a record with the court that I did in fact contact them. When I contacted them I stated exactly what my lawyer told me to say, "This debt is not valid, the account was opened prior to my 18th birthday."
The lady on the phone said ok and we'll send this to our legal team or whatever. I have not heard anything from them until now.
Should I bother to respond to them this time or just let it be?
It seems to me they can't do anything to me otherwise I would have been in court years ago and not 9 years later.
Do as skydvr suggested to get it permanently dismissed. If for s
Do as skydvr suggested to get it permanently dismissed. If for some reason they obtain a judgement against you, it becomes more difficult to correct the problem.
Here is a great website with civil court process. Just be aware
Here is a great website with civil court process. Just be aware that it is for New York and may differ slightly in your state. You have a very solid defense, I hope you have the necessary documentation, and as soon as you are able, file a Motion to Dismiss With Prejudice so these scoundrels can't send their zombies to you again.
"http://www.nedap.org/hotline/court.html"
Yes, you have to respond to the interrogatories and appear in court, unfortunately. If you are representing yourself, here is a good link about the process of Discovery and Interrogatories and how the response should be structured. It is written for attorneys.
"http://www.consumerlaw.org/publications/manuals/content/samples/M8fdc_591-595.pdf"
I would think that the contract is void and uncollectable if thi
I would think that the contract is void and uncollectable if this person opened a credit card account at 16 years old....am I right??
It depends. You need a co-signer (your parent or guardian) for a
It depends. You need a co-signer (your parent or guardian) for a credit card if you are under 18. They would go after the account holder first and if it is unrecoverable, then will go after the cosigner. If they KNEW the OP was 16 and they didn't have a co-signer, then the creditor is out of luck. It is not likely that they did have a co-signer because they would have already sued them and collected their money. And it is not likely that the OP lied about his/her age because they would have already been charged with fraud.
We do not know the specifics as to why they lost the case, the OP did not clarify. But apparently it was not dismissed with Prejudice, so they can sue again and again until it is dismissed in that manner, which prohibits another suit for it. (as was stated by skydivr.)
I would call the court first and verify both the new case (to see if it is a real case) and inquire about the old one (if you do not have the paperwork for it anymore). Then the OP can ask them if they can simply file a Motion for Dismissal With Prejudice right off the bat or do they need to go through all the mess again.
Many people get credit cards at age 16, so that way their credit is good right off the bat and they have more opportunities when they become a legal adult.
"http://www.bankrate.com/brm/news/cc/20000508.asp"
It is estimated that teens spent $1.2 billion online by 2002, which requires a credit card for the most part. So it's relatively common.
At any rate, it depends on the reason for dismissal before (it could have been due to procedural issues). The SOL in Rhode Island is 10 years so it is not a proper defense.
But the OP MUST respond and go to court.