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cubs
May 1, 2008, 09:04 AM
I am being sued by Unifund CCR Partners over an account from Washington Mutual. I am disputing this debt. The hearing was two days ago in which the Judge ordered 90 days for Discovery.
I do not believe that this is my debt. I have not used the name on the account in over a decade. Since 2002 I have been living in the State of Florida and I have current credit reports as well as one from 10 years ago and there is no outstanding debt or anything negative on those reports.

How do I go about requesting Discovery from Unifund?
What poof of debt should I request?
What else should be in a Discovery request?
If I cannot prove that this is not my debt, is there a Statute of Limitations on this?
If I do prove this is not me, can I countersue Unifund? What would I counter with?

Thank you all for any help/advise.

excon
May 1, 2008, 12:27 PM
Hello cubs:

YOU don't have to prove anything. THEY have to prove their case before you even have to speak (in court, that is). They'll do that by showing the court your signature on a loan document. If they don't have that, then they can't prove their case.

IF they don't have that document with them at trial, then when it's your turn, you move for an immediate dismissal, and the judge will grant it.

excon