My husband unfortunately ignored letters from a collection agency thinking that it was one of those junk mails since he doesn't have a credit card account on the company mentioned by the collecting party. He even crosschecked with his old files and seeing no match in his records, shrugged it off and forgot all about it.

The agency filed a complaint in our municipal court and in that complaint their lawyer stated that account records are not in possession, custody or control of the plaintiff. They further mentioned that it is in custody of my husband. I would like to know if I should cite Fair Debt Collection Practices Act in my notice of intent to defend.

I have read some of Mr Yet's advice and learned that I also have to write a letter of discovery or interrogatories. However, as I was reviewing our State's Rules on Civil Procedure, I became confused on which to cite on my letter - the section on discovery or section on interrogatories?

I hope somebody would be able to help me as my husband already has a lot on his plate right now especially that I am temporarily unable to walk.

Thank you!

I would do discovery on why you believe you do not owe and why.

Interrogatories of questions for them to prove that you do owe. The interrogatory is questioning them.

Thank you. I appreciate your kind assistance.