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-   -   Have Asked For Trial In debt Collection Lawsuit (https://www.askmehelpdesk.com/showthread.php?t=223633)

  • Jun 5, 2008, 04:13 PM
    marys7989
    Have Asked For Trial In debt Collection Lawsuit
    Hi

    I was summoned to court back in Feb over an old debt, and have showed up each time, only to have the dates continued. I have sent 2 certified letters requesting copies of the original signed agreement, as well as all charges and payments they are using to come up with the balance due. The debt buyer has never responded to either request.The Original Complaint says a copy of the original Agreement is attached, although the attachment is NOT a copy of the original signed agreement. What is attached is a computer generated readout that doesn't even have the name of the debt collecotr or the original creditor on it! I have filed all necessary papers with the Court, my answers to their Discovery, copies of my Request for Production of Documents, a Motion to Dismiss, since they won't produce the original documents. The attorney for the debt collector acts like they aren't receiving the information we are requesting, until I show them the Return Receipt Requested copies where the letters were signed for in their office. This last date, they wanted to continue it again, but I refused and requested a trial date be set instead. The trial is set for August. Now my question is this: Do I need to file anything else, or is the information I have filed with the Court already all I will need?
    Will I receive a pre-trial hearing from the Judge, or should I request one before the actual trial? Also, if they still refuse to present any information showing where they are coming up with the balance due from, or a signed Original Credit Agreement, will the judge most likely just dismiss it?
    I am in Jefferson County Missouri.
    Thanks in advance
    Mary
  • Jun 6, 2008, 08:34 AM
    progunr
    It is hard to say, what a judge might decide on any given case.

    If you have a trial date, that should be it.

    Just take every piece of documentation you have, all the certified receipts, and present your defense.

    If the creditor/collection agency does not have the proper evidence, you will most likely prevail. I believe by the time the court date comes around, they will most likely have what they need, but you never know?

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