A year and a half ago, I received a summons with complaint. No court date or mention of hearing, just that I was required to file an answer to the complaint within 30 days, which I did.

My answer was that I had no knowledge of the account that was referred to in the complaint (in fact, the summons/complaint was the first and only correspondence I had received about it), and being that I had recently discovered other accounts that had been opened in my name without my knowledge or authorization (I suspect an ex-boy/girl friend that has disappeared), I can only assume/suspect that to be the case with this account as well. I respectfully requested that they forward all documentation on the account so that I could investigate it further.

After filing my answer (and mailing same to plaintiff's attorney), I didn't hear ANYTHING else, from either the court or the plaintiff about anything - no court date, no hearing date, no documentation (that I requested), nothing. So after a year passed I assumed that they dropped the case. But suddenly, a YEAR AND A HALF later, I received a letter from the plaintiff's attorney that basically says that they received and reviewed the answer I filed and would like to discuss the case further. They asked that I contact their office to 'explore' arrangements which 'might' conclude the matter without further inconvenience or expense to either party. This seemed reasonable, but I wondered why it was out of the blue a year and a half later. I realize that they wouldn't be in a hurry to NOT MAKE MONEY but I can't help but wonder what prompted this. Something must have happened.

THEN A WEEK LATER, I received, via FedEx (left at door), a letter from the attorney requesting me to complete and return the plaintiff's attached discovery requests (Plaintiff's First Interrogatories, Plaintiff's First Request for Admissions, Plaintiff's First Continuing Request for Production of Documents), all containing questions that imply that the account is mine and that I am responsible, etc. So this has left me really confused and cautious about what to do next.

My initial thoughts were to just return the discovery requests to them with a letter simply re-stating what I said in my answer and request (once again) all documentation on the account (that they NEVER sent me). I don't want to CALL them because I want ALL communications to be in writing (and therefore documented) and if they REALLY wanted to conclude the matter without further inconvenience/expense, why did they send the discovery requests?

Anyone experience something like this? What I don't understand is, if this case is STILL ACTIVE in the court, why was there never a hearing or court date set within the last year and a half? Isn't there a time limit within which one of the parties has to set/request a hearing or court date? Why would they request discovery a year and a half later? How long can a civil case just sit pending until the court dismisses it? Would the court notify me if there was a date set? (I know that sounds like a dumb question but I'm beginning to wonder if there was a date set and somehow I wasn't notified). Why else would they send the discovery requests out of the blue, a year and a half later? Is it just in hopes that I will just pay it to make it go away?

What should I do next?

By the way, I have spent the last 2 days here reading and it has been very helpful in understanding my rights and how the process works (well, is SUPPOSED to work ;-). I want to personally thank ScottGem, Mr. Yet and the rest of you for so generously taking the time (your time) to help us and sharing your valuable knowledge. THANK YOU SO VERY MUCH!

How old are the accounts? When were the last payments made on them (if any)?
If old enough and you haven't paid anything on them it could be possible the statute of limitations is up and they are trying to reactive the account(s)
Often they do not want to hear or even care that the stuff was charged without your knowledge or approval. They just want their money. Often they say whoevers name is on the account is responsible and they should have been keeping up on their credit checks and caught it right when it happened. Letting it go they assume you are the one that did it and now you are looking for an out.
I think in some cases they let it go for lengths of time so they can accumulate interest and try to get more out of you.

Hi NOhelp4U, thank for your input! I've suspected so too, that's why I don't trust them and they haven't given me any reason to at this point.

I have no idea when the account was opened or when or whether any payments were made, as I had no knowledge of the account until I received the summons. I requested documentation so that I could investigate it and match it to an account on my credit report, but they haven't send me ANY information, not even so much as an account number. They pretty much ignored my request for documentation. Strange thing is that the name of the plaintiff doesn't appear on my credit report. I know that doesn't really mean much, since it could have been passed around or not reported at all.

The first thing you have to do is call the court clerk where the lawsuit was filed and ask for the status of the case. It's possible that the case was dismissed for lack of prosecution. If the court clerk tells you that the case is still active then you have to answer all of the interrogatories. You can answer every single question with the statement "Defendant has no knowledge of any such debt" or something along those lines, depending on the question. You can't just ignore the interrogatories and discovery requests. If you ignore them then the plaintiff can make a motion to the court that would really go against your interests.

After you complete and return the interrogatories you can file a motion for dismissal with the court based on the plaintiff failing to provide any kind of documentation or verification.

Yeah they told my daughter that they do not send info out until the account is paid up.
So you are at their mercy if you have no idea of what the charges are for.
My daughter might be kicked out of the air force because they even refuse to send statements and info so she can give it to the air force to prove she has been keeping up on the account.
It doesn't make any sense when so many people are stealing others ID's and accounts.
I have owed money on a few things for a few years now and I will not send them a dime because then it resets the statutes of limitations as well as the interest snowballs to the point that all your payments aren't covering much more than the latest interest.
I think it is better to take your chances and let them take you to court and let the chips fall.
I hope I am not wrong on that causes my day should be here soon since my debts are around 6 yrs old.

If you have any 800 #'s you can look them up on this site.

http://800notes.com/

Hi Lisa, I appreciate your advice (non-legal of course ;-) and I agree, thank you!

I have plans to go to the courthouse in the morning and get copies of everything that has been filed and inquire as to the status of the case and how to go about filing motion to dismiss (as per the court's rules/procedures). I can't imagine how a case can still be active after all this time, but I guess that's a question for the court/clerk, huh?


NOhelp4U, I'm sorry to hear about the hell your daughter is going through. And I agree about stolen identities, I have always had perfect credit until this happened and this (and other accounts) has ruined my credit. It's just too easy to apply for credit cards online with anyone's information. And you have no way of proving that it wasn't you. The reason I didn't know about it is because I had no reason to request or apply for credit or check my own credit - until this happened.

Hi Lisa, I appreciate your advice (non-legal of course ;-) and I agree, thank you!

I have plans to go to the courthouse in the morning and get copies of everything that has been filed and inquire as to the status of the case and how to go about filing motion to dismiss (as per the court's rules/procedures). I can't imagine how a case can still be active after all this time, but I guess that's a question for the court/clerk, huh?


NOhelp4U, I'm sorry to hear about the hell your daughter is going through. And I agree about stolen identities, I have always had perfect credit until this happened and this (and other accounts) has ruined my credit. It's just too easy to apply for credit cards online with anyone's information. And you have no way of proving that it wasn't you. The reason I didn't know about it is because I had no reason to request or apply for credit or check my own credit - until this happened.



Lisa is, in fact, a real live Attorney - obviously not YOUR Attorney but she is an Attorney.

Lisa is, in fact, a real live Attorney - obviously not YOUR Attorney but she is an Attorney.

Thank you Judy, that's good to know. I didn't mean to imply that her advice wasn't 'legally' sound... just meant that I understand that she wasn't offering 'legal' advice to me personally. But I didn't doubt her input was good legally sound insight - and greatly appreciated :-)

Judy, what do you think about this case? Is it unusual to receive such conflicting communications from the plaintiff AND so long (1&1/2 years) after complaint was filed?

I am on my way to the courthouse this morning... I will post my findings (for anyone who may benefit from this information OR just interested :-)

Thanks again to everyone!

Anyone else have any insights?

By the way, for anyone who may be interested or wondering, I just called the clerk of court and there have been no dates set and no other activity since filing my answer. The case is still active ONLY because cases can stay open for 2 years and then they do a 'clean-up' process - a person goes through the calender and sets dates for all cases that are over 2 years old. If neither party shows, the case gets dismissed. If one or both parties shows, the case proceeds accordingly.

Seems to me that this is another way that the plaintiff (in general) can get default judgments, wait till a date is set by the court (2 years later), show up and hope the defendant doesn't - plaintiff gets their judgment by default. By the time 2 years has passed, the defendant has likely moved or for whatever reason doesn't receive notice of the court date.

Just food for thought, for those that find themselves defending against a judgment, don't let your guard down and don't ASSUME that the case has gone away after a year or 2 has passed with no communication from the plaintiff or activity in the case (hearings, etc.), keep up with it until you know for sure it has been dismissed or some other disposition. You may get a judgment against you by default and not know it until it's too late. It may be different in your area and it may even be LONGER than 2 years before the 'clean-up' process takes place in the court where your case is.

I think this is a good time for me to file motion to dismiss and ask for a hearing. What do you all think? And on what grounds (or for what reasons) should I base my motion to dismiss? Is lack of prosecution enough? I want to sight as many reasons as I can in case one doesn't hold up - only want to have to go to court once. By the way, is there any way of getting this dismissed without having to appear in court? (I guess not because the plaintiff has to have an opportunity to defend against my motion to dismiss, right?? )

Go back to the Home page and scroll down. Under the list of Forums is a link for "Experts". Click on that and scroll down to Mr. Yet. Click on the Send PM button. He's the resident expert on issues like this and can probably tell you what type of motion to file and the paperwork you'll need to support it.

Go back to the Home page and scroll down. Under the list of Forums is a link for "Experts". Click on that and scroll down to Mr. Yet. Click on the Send PM button. He's the resident expert on issues like this and can probably tell you what type of motion to file and the paperwork you'll need to support it.

Hello again Lisa and Thank you! Your input has been VERY helpful and very much appreciated :-)

Again, for those who are interested, I got copies of everything from the courthouse. The plaintiff's attorney did recently file the certificates of service of the discovery requests. So for anyone reading this who may have wondered if the interrogatory documents themselves are filed (in public records, open for public viewing), don't worry, they are not (at least in my case, in my area, they aren't - double-check in your own case/area). Someone, please, correct me if I'm wrong (don't want to misinform anyone).

I will respond to their discovery requests, in the way Lisa suggested, and in a very respectful way because I want to keep things on a respectful tone. Hopefully, they will drop the case and avoid further expense/inconvenience for either party, as they suggested as a possibility in the recent letter they sent me. And maybe I will be able to avoid going to court after all.

QUESTION: Should I file certificate of service OF MY RESPONSE to their discovery documents, with the court? I'm guessing it's not absolutely necessary, but can't hurt??

Thanks again for everyone's help. AND I HOPE THAT THIS THREAD IS HELPFUL TO OTHERS! Sorry for my lengthy posts but I try to include as much detail as I can so that others might benefit from it. For myself, when I was reading other threads here (lots of them and for days now - still reading ;-), I often wish there were more details and leave me with more questions, so that's why I'm including as much as I can to hopefully answer questions that others might have :-)

I will keep posting as my case progresses.