Ask Me Help Desk - I filed my Intend to Defend

I filed my Intend to Defend - now what? Other questions

I filed my intend to defend and asking for strict proof of the debt. As far as validating the debt the only verbiage I used was...
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NOTICE OF INTEND TO DEFEND

I, <NAME>, hereby give Notice of Intent to defend the above titled case, and demand strict proof of the alleged claim.

REQUEST FOR JUDICIAL NOTICE

Defendants who are unschooled in the law and ask that the court take Judicial Notice of the enunciation of principles as stated in "Haines v. Kerner, 404 U.S . 519," wherein the court has directed that those who are unschooled in law making pleadings and/or complaints shall have the court look to the substance of the pleadings rather than the form, and also hereby makes the attached memorandum, including the related documents attached herewith, in the above-referenced case. Furthermore, Defendant's hereby
Requests the judge notify them of any sua sponte,rights or remedies they may overlook
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I went to the court house and sent a copy to the plaintiff... what now? I was reading that I should send a request to the attorney for validation... or was the above response sufficient. I want to be shown the original contrct with ink on it? Do I have t specifically ask for that and if so - do I file it with the court or just send it to the attorney for the plaintiff?

I also just opned my mail and got a letter from the court saying that the referanced case has been referred to mediation. Its says that the discovery deadline is 9/7/09 and a lot of other jumbo I don't understand. Can someone also provide some insight in this. Thanks!

What it means is that your Intent to Defend has been recevied and noted and a mediation hearing will bew scheduled. That any discovery request (requests for documentation) must be completed by 9/7.

So now you sit back and see if the plaintiff asks for info from you and provides the info you asked for. By the way, they will not send you the original document. They will send you a copy and then produce the original at the hearing.

If they do not provide you with proof, but ask you for information, simply answer that you can't provide any info until they validate the debt.

Quote:

Originally Posted by ScottGem

What it means is that your Intent to Defend has been recevied and noted and a mediation hearing will bew scheduled. That any discovery request (requests for documentation) must be completed by 9/7.

So now you sit back and see if the plaintiff asks for info from you and provides the info you asked for. By the way, they will not send you the original document. They will send you a copy and then produce the original at the hearing.

If they do not provide you with proof, but ask you for information, simply answer that you can't provide any info until they validate the debt.

Okay - thanks. Should I send the attorney an interrogatories requesting the original contract or was "demanding" strict proof enough in my intent to defend response? If I s send one, I should send this before they send me an interrogatories so that I can use the response you mentioned?

Quote:

Originally Posted by rayr

Okay - thanks. Should I send the attorney an interrogatories requesting the original contract or was "demanding" strict proof enough? Should I send this before they send me an interrogatories do that I can use the response you mentioned?

You should have sent the plaintiff a copy of your Intent to Defend with a request (not a demand) for verification of the debt. If you have done this, then that should have been sufficient.

Now the plaintiff will try to intimidate and bury you with paper. Until they verify the debt, you do nothing but say what I said earlier.

Quote:

Originally Posted by ScottGem

You should have sent the plaintiff a copy of your Intent to Defend with a request (not a demand) for verification of the debt. If you have done this, then that should have been sufficient.

Now the plaintiff will try to intimidate and bury you with paper. until they verify the debt, you do nothing but say what I said earlier.

Scottgem- thanks for the quick reponses... much appreciated. I did send them a copy of the Intend to Defend but all it said was that "I demand strict proof of the alleged claim". Should I take this further and send another request for discovery/interrogatories?

Keep it simple. Send them another letter stating that after further research you want to clarify what proofs you want. Verification of the debt would include a copy of an original signed contract, a record of payments/balance and proof of their right to collect the debt.

Quote:

Originally Posted by ScottGem

Keep it simple. Send them another letter stating that after further research you want to clarify what proofs you want. Verification of the debt would include a copy of an original signed contract, a record of payments/balance and proof of their right to collect the debt.

Scott

So you don't have to answer their questions until they provide debt validation right.

You won't be held in contempt if say they complain to the judge that you were not providing info they were requesting)