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First set of Interrogatories

Date: Thu, 11/20/2008 - 15:31

Submitted by anonymous
on Thu, 11/20/2008 - 15:31

Posts: 202330 Credits: [Donate]

Total Replies: 16


First of all I would like to thank everyone for their most valuable advice. I followed your suggestions and filed with the court that I could neither confirm nor deny because the plaintiff has not validated the debt.

The case was referred to mediation and when the attorney for LVNV Funding would not make himself available to select a mediator I certified copied both the court and the lawyer that I was requesting that the court appoint a mediator...have not heard back from the court on that yet.

Today I get an interrogatory from the attorney to basically I admit this money. They are also asking for any aliases I might have and my address dating back 8 years. They are asking for my marital status, place and address of employment and position along with my ss number...nothing is court stamped. Do I have to answer these questions?

Thanks again for your help.


I think you do..but you can also send THEM interrogatories as well, demanding all the stuff you would for validation, like a copy of the signed contract, complete account history, chain of custody (who all has owned the account), their licensing and or bonds the state holds, accounting of any other charges they are tacking on, etc.

As for answering them, give them basic information, but things referring to the "money owed" answer with a denial or of no knowledge of any such thing.


lrhall41

Submitted by goldenbast on Thu, 11/20/2008 - 16:57

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Who is suing you? Whatever you do...do NOT give them your SS#...they should already have it, IF they have proof of the debt.
Admit to NOTHING, and...if you decide to defend yourself...ask them for THEIR SS#, and all the stupid/silly questions they fired off at you...fire 'em right back. Ask 'em where THEY'VE lived for the past 8 yrs. etc.etc.etc.

I suggest hiring an attorney. I know, first hand, it will consume you trying to defend yourself. Borrow the money from a friend, if need be, but...having an experienced attorney will certainly save your brains. ;)

Good luck!


lrhall41

Submitted by on Fri, 11/21/2008 - 18:50

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I just had to respond to some interrogatories for a traffic accident and some of the question in those were completely ridiculous (i.e. list every school you attended starting with HS).
I asked my legal team why these were relavent and they said that these are preset question approved by the court.

Does your interrogatories have a bunch of questions and they checked the ones you are suppose to answer? If yes, then these are court approved and you have to answer.

If they are not, and do not have some sort of legal form number on the page (something like CC9002-s) I would say they just answer that the question appears irrelavant and you refuse to answer. Let a judge decide if you have to.


lrhall41

Submitted by on Sat, 11/22/2008 - 19:31

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Thanks cellular,

It only has the court case number on it but no other numbers and nothing showing it is court approved.

Also the court mandated mediation so how can they be sending me discovery questions when we have not even attended mediation yet?

They are trying really hard to persuade me against mediation telling me it will cost me a lot of money.


lrhall41

Submitted by on Sat, 11/22/2008 - 20:15

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Well, then just answer them as you see fit. Don't give out any personal information, answer as you feel it is not relevant to the case and that you have no documentation in which to properly answer the question, or just flatly deny. If they say anything at court, explain to the judge that you answered them to the best of your ability. Honestly, why would your marital status be relevant, or where you lived in the last 8 years and such? They are saying you owe them money and you are asking to see evidence of this. Simple as that.

The fact they are heavily leaning on you to not mediate suggests to me that they have no documentation to prove anything and are applying pressure in the hopes you will break.


lrhall41

Submitted by goldenbast on Sat, 11/22/2008 - 23:15

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Hoff,

The attorney who called me told me point blank she would not have supporting documents in time for mediation. I told her one presumes that when one places suit against another they have their documentation down pat and I did not appreciate her trying to scare me into not attending the court ordered mediation.


lrhall41

Submitted by on Sun, 11/23/2008 - 06:21

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Thanks Hof. I would be happy to pass on my experience. I just kept on topic and when that slime ball kept asking me if owed the bank money I said that no bank was suing me and to provide evidence of the owing money to the CA. The lawyer got really pissed off.


lrhall41

Submitted by on Fri, 12/12/2008 - 16:04

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