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-   -   Discovery Requests (https://www.askmehelpdesk.com/showthread.php?t=267533)

  • Oct 8, 2008, 09:15 PM
    KnowLaw
    Discovery Requests
    I received a summons in July from a law office in regards to a credit card now in collections. I answered the summons within the 30 days allowed in GA, but did not request validation of the debt.(You live and you learn):(

    On September 16th I received a Plaintiff's Discovery Request packet dated for September 9th. On September 24 I received a letter from the law office dated September 8th stating they had received my filed answers and they wanted to discuss the matter in further detail; and that their client does not wish to cause me any unnecessary inconvenience.

    My question is do I have to answer the original Plaintiff's Discovery Request and which date do I use to calculate the 30 days stated in the Plaintiff's Discovery Request for my response to the interrogatories,request for admission and request to produce documents?

    I have read many different opinions in this matter, some suggest not answering the discovery, request a validation of debt or just settle the matter in writing.

    Thank you.(Man this site is great)!
  • Oct 13, 2008, 11:49 AM
    kayebird

    If you answered the summons complaint, you should answer their discovery and submit your own discovery asking for proof of the debt. I wouldn't settle the matter if I had answered the complaint and started the litigation route unless you just totally feel that you can't win in court. Is this an original creditor or a collection agency/junk debt buyer?

    If you ignore the discovery they can get a summary judgment. I can't understand someone advising to ignore the discovery after filing an answer. Figure the 30 days from the date you received their request. If you want to try and play their game, answer theirs and request your discovery as soon as possible.
  • Oct 13, 2008, 11:53 AM
    ScottGem

    You don't ignore the Discovery but you don't exactly respond to it either. In effect their discovery is asking you to do their work for them.

    What you do is return the Discovery and respond to each question with:

    I can neither affirm nor deny until I receive verification of the debt.

    Send it with a cover letter requesting verificiation.
  • Oct 14, 2008, 10:29 AM
    kayebird

    There are many samples of discovery answers online for debt collections. Scott, I appreciate you further defining what I meant by responding. I wasn't clear in my post. My main objective was to say not to ignore their discovery but you are correct, don't give them any answers or proof to do their work.

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