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-   -   Court date assigned.motion of discovery/validation letter? (https://www.askmehelpdesk.com/showthread.php?t=101565)

  • Jun 15, 2007, 03:19 PM
    atlmiss
    Court date assigned.motion of discovery/validation letter?
    Hi,
    I have read many helpful things on here for people being sued by collection agencies. I am being sued by a collection agency for a debt that I don't feel I owe (well the entire amount of at least) It was within one month of when the statute of limitations ran out.
    Anyhow, I gave my statement to defend and now have just been granted a trial date about a month from now. Unfortunately it is when I am supposed to be out of the country for a family reason, but if I can't re-schedule my trial I will definitely be there to avoid defaiult judgement. (Any pointers on how to do get a continuance?)

    I've read a lot about needing to file a motion of discovery, but have no idea what this should look like or what questions it needs to ask. Is there a form specific to my state and is this something I absolutely need a lawyer for? I seem to recall a posting on here that actually had a form/list of questions to ask as a discovery to a debt collector and cannot locate it anywhere. If anyone can point me to it that would be much appreciated. I am so short on money I'm worried about lawyer fees!

    Also, this company, Portfolio Recovery Assoc. was asked to verify this debt by Experian and failed to do so, I have a feeling they will fail to do so for Equifax and TransUnion as well. So it is most likely being removed off my credit reports. I should also mention that the amounts reported on my credit report are false, Providian wrote off 4,200 in debt, Portfolio services is asking for 5,999 and on my credit reports they reported a balance of 7,999. So is this false amount and reporting a basis for a counterclaim?

    What are the chances that they won't even show to court? They are located in Virginia, I just can't see them sending someone over for the amount they are suing me for ($5,999) when they probably paid way less for the debt. Can only the lawyer show up for the court date and speak on their behalf?

    Thank you so much! Just trying to get my ducks in a row...
  • Jun 15, 2007, 04:22 PM
    bushg
    The lawyer can show up on their behalf, and you have the right to request the original bill with your signature on it if they can not produce it they do not have a case! You should have done this with their first phone call to you. When they first sent you a letter from the court house stating that they were suing you should should have sent a copy denying the claim and asking for proof of debt, this should have been sent certified and filed the receipt and letter with the courts. If they have the original with your signature on it and proof that you made payments they will be awarded the amount. Most likely if the debt is really old the original copy of debt has been lost. If they bought the claim from another company it would not be false reporting... if you had a claim it would be against the one that sold it to the col. Agency that is suing you. Try to Google sol/ or collection agency's on your state I am sure there is a website for it.
  • Jun 16, 2007, 06:25 AM
    atlmiss
    Quote:
    Originally Posted by bushg
    The lawyer can show up on their behalf, and you have the right to request the orginal bill with your signature on it if they can not produce it they do not have a case!
    So they should produce the original contract, which I'm hoping they won't have... I have denied the claim however and asked for proof of my debt in my intent to defend, but don't know if that will be official enough... I am assuming a discovery or additional debt validation is in order? Where can I figure out how to write one to send off?

    As far as the lawyer showing up on their behalf, do I not have the constitutional right to face my accuser? I'm asking because I read in a few places that if the plaintiff doesn't show up, that I could motion to dismiss on those grounds.


    Thanks again!
  • May 3, 2010, 08:18 AM
    scottpauldrake

    Hello:

    I received a SUMMONS AND COMPLAINT from Capital One Bank on 28 January 2010. I then sent a letter with both Answers to the Complaint as well as Affirmative Defenses, basically stating that the Exhibit #1 which was attached was NOT a signed contract which included my signature on it and, too, that it (Exhibit #1) did NOT show a sum of $1371.70 (the amount the Complaint said I owed). I have just returned from the PRETRIAL and the first thing I noticed was that the attorney representing the Plaintiff (the Plaintiff representing Capital One Bank, the one working for a firm two hours south of where I live in Michigan, the one indicated on the NOTICE OF PRETRIAL letter) did not show. The judge asked the attorney representing the Plaintiff if he wanted 90-days Discovery and he said “yes” because my Affirmative Defenses (I am assuming) where “baseless” (his exact words). Then the judge asked me if I wanted 90-days Discovery and I, too, said “yes”. The judge set a trial date of 9 August 2010 then the attorney representing the Plaintiff and I both signed a document confirming the aforesaid. That was that. Then, while walking out of the courtroom, the attorney representing the Plaintiff asked if he could talk with me privately. I said as long as a court representative/attorney was present. He looked frustrated and said to me: “Forget it.” With that said, here are my questions: Where does it sound like all of this is heading (other than to trial; I understand that that is the next logical step)? What should I do next? Should I hire an attorney and not proceed pro per? From what I have said, did I handle everything okay?

    Any and all answers are appreciated…
  • May 4, 2012, 02:48 AM
    Richard Stegall
    I filed an Administrative Writ of Mandamus in the Superior Court of

    Hall co. Ga. Last week, against my pain management doctor(pasdt doctor)

    I am looking for a temlpatefor a discovery motion and need to know if I

    Contact opposing council with my request prior to filing with the court.

    I am Pro Se and in new terriyory. I put in about 35 hrs on my

    Mandamus and accompanying affadavit. Any help would be greatly

    Appreciated. This can be a lonely process and a little scary.
  • May 11, 2012, 04:57 AM
    amberjack00
    My suggestion is to take whatever action to dispute and show up for court. I am dealing with a judgment filed by a collection agency for Providian. Believe me, if the original debt was Providian, they will follow through with the court action against you. My balance was much smaller that yours.






    Quote:
    Originally Posted by atlmiss View Post
    Hi,
    I have read many helpful things on here for people being sued by collection agencies. I am being sued by a collection agency for a debt that I don't feel I owe (well the entire amount of at least) It was within one month of when the statute of limitations ran out.
    Anyhow, I gave my statement to defend and now have just been granted a trial date about a month from now. Unfortunately it is when I am supposed to be out of the country for a family reason, but if I can't re-schedule my trial I will definitely be there to avoid defaiult judgement. (Any pointers on how to do get a continuance?)

    I've read a lot about needing to file a motion of discovery, but have no idea what this should look like or what questions it needs to ask. Is there a form specific to my state and is this something I absolutely need a lawyer for? I seem to recall a posting on here that actually had a form/list of questions to ask as a discovery to a debt collector and cannot locate it anywhere. If anyone can point me to it that would be much appreciated. I am so short on money I'm worried about lawyer fees!

    Also, this company, Portfolio Recovery Assoc. Was asked to verify this debt by Experian and failed to do so, I have a feeling they will fail to do so for Equifax and TransUnion as well. So it is most likely being removed off my credit reports. I should also mention that the amounts reported on my credit report are false, Providian wrote off 4,200 in debt, Portfolio services is asking for 5,999 and on my credit reports they reported a balance of 7,999. So is this false amount and reporting a basis for a counterclaim?

    What are the chances that they won't even show to court? They are located in Virginia, I just can't see them sending someone over for the amount they are suing me for ($5,999) when they probably paid way less for the debt. Can only the lawyer show up for the court date and speak on their behalf?

    Thank you so much! Just trying to get my ducks in a row...

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