Unifund
Date: Sat, 05/09/2009 - 08:39
Now I've received a "Plaintiff's First Set of Interrogatories, Requests for Production and Requests for Admission Directed to Defendant." They want a copy of every piece of paper, every conversation, every payment, every charge, ever made between myself and the Original Creditor. Here's the thing that has me wondering - the package was sent regular mail, not Certified. It has a "Certificate of Service" signed by the attorney, but there is nothing from the Sheriff. There is nothing anywhere in this package that indicates a copy was ever submitted to Superior Court (civil, where the lawsuit was filed). The paperwork says I have 30 days to submit all documents and answer all question (under oath). I'm thinking this is bull-hockey. How can I be forced to produce documents that prove I'm in debt to the debt collection agency? When my personal mess first started, we owed on 8 different credit cards. I'm paying in full or in a negotiated settlement to 6 of my creditors - the two remaining are both owned by Unifund and hubby got served last week.
You MUST answer the papers, but...you can answer something to th
You MUST answer the papers, but...you can answer something to the effect of : Not enough info to affirm or deny.
It is up to UNIFUND to prove you owe.
DO NOT give them your SS# or any info that has anything to do with the alleged debt. Don't panic.
How old is the alleged debt?
Get your own First Set of Interrogatories, Requests for Production and Requests for Admission sent to them. Use their own questions, but...reword them for your benefit....change Plaintiff to Defendant, etc.
Ask 'em what their address has been for the past 10 years, etc. All the same foolish questions they asked you.
A Consumer's Atty. would be most helpful.
Been there/done that, with UNIFUND
Unifund
Well, I really don't see how I can be held responsible for answeriing a document they can't even prove I've received, but I'll call an attorney Monday. Their statements are such that I'll either have to lie under oath or give them the evidence they need to sue me - either way I lose. Thanks for your help.
You need to check the laws in your state/county to find out how
You need to check the laws in your state/county to find out how you are supposed to be served.
I would higly advise against lying to any government official, most especially a judge because then you could look at actual jail time.
Jail time? I thought there was no debtors' prison fyi what the h
Jail time? I thought there was no debtors' prison fyi what the hell are you talking about referrring to JAIL time? This is a bad day for dcc if they let you post this crap-...possible cdommuntiy service..or pay to fill out questions in a book is all that will happen..FYI you lied on your fed income taxes...did you serve jail time? just wonderin??? Stop scaring newbies here puh-leeeze stop your drama puh-leeze..your debts and the way you handled them was a friggin joke that you were or are a debt collector with all the knowledge---what say you know? They could look at actual jail time? Di d you go to jail FYI? You are a prime example of what could happen here?
Typically I do not respond to these types of post but because I
Typically I do not respond to these types of post but because I am feeling especially amused today I will.
Lying to a judge in a court case is purjery.
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding.[1] That is, the matter lied about would affect the outcome of the case. It is not considered perjury, for example, to lie about one's age, unless that person's age is a key factor in proving the case, such as eligibility for old age retirement benefits.
Perjury is considered a serious offense as it can be used to usurp the power of the courts, resulting in miscarriages of justice. In the United States, for example, the general perjury statute under Federal law defines perjury as a felony and provides for a prison sentence of up to five years.
My income tx? My you have been stalking me for quite some time haven't you? Yes, I did knowingly exculde information from my federal income tax a few years ago. I have also paid it back in full along with a nice penalty. I did not lie in court although I did lie to the government on paper. I suppose if I had lied longer or had to have paid a lot of money in and didn't, I would have likely seen the inside of a prison cell. Lesson learned for me!
Now if you will take care to read the entire thread you will see that I never told the OP that he/she would go to jail for the debt.
Reading Comprehension FTW!
Unifund
Gee, what's going on here? I never said I had any intentions of lying to a Judge or anyone else. I said the questions posed by the attorney put me in a position where I could only lie or prove I owe the debt. It seems odd, but I am being required to provide copies of my statements, charges, and payments. If I turn these papers over I'm basically validating the debt on behalf of the people sueing me! I thought, in Civil Court, it was the responsibility of the Plaintiff to provide this documentation. Seems it isn't so, at least not according to the paperwork I received. At any rate, I hope I can find a lawyer tomorrow. I don't mind paying the debt I owe, it's the late fees and finanace charges that have been added that make my blood boil.
Hmmm, I didn't think debt collectors were allowed to tack on lat
Hmmm, I didn't think debt collectors were allowed to tack on late fees, interest and finance charges unless they had a judgment against you. I know this is true for the state of Ohio, not sure about the OP.
No one said you had intentions of lying at all. I just said I wo
No one said you had intentions of lying at all. I just said I would advise against it.
My previous response was mostly for "guest". I need to clear up it's confusion of a "debtors jail/prison" and what could possibly send someone to jail/prison.
Unifund
Just an update - I spoke to two attorneys in town. Nobody is willing to take on a single Unifund lawsuit, business in the bankruptcy arena is just too good. So Wednesday I go in to file for bankruptcy (the reorganization kind). I was told, and I believe, that Unifund will tie my money up so that the arrangements I have with my other 6 creditors will fall apart. Then they'll sue, and the whole merry chase will begin again. It sucks, but it'll be over.
Did you check the NACA site to see if there is a Consumer Atty.,
Did you check the NACA site to see if there is a Consumer Atty., in your area?
"No one said you had intentions of lying at all. I just said I w
"No one said you had intentions of lying at all. I just said I would advise against it."
Wish mods would practice what they preach here ----dang me dang me they ought to take a rope and hang me!!!!
Learn how to use the Quote function idiot. Just me, I'd hang you by your ba!!s if I could find you - NASCAR Devil
Idiot's post deleted...I'm sure Paul would be flattered that you
Idiot's post deleted...I'm sure Paul would be flattered that you've got such a crush on him