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-   -   Small claims (https://www.askmehelpdesk.com/showthread.php?t=634605)

  • Feb 9, 2012, 09:18 AM
    lostonsea
    Small claims
    If a Plaintiff (Debt collector acting for original creditor(plaintiff) sent a letter to inform me about a debt I supposedly own and I don't send a letter of validation. I attended a pretrail and I denied the claims and we are going to trial. The debt collector acting for the original creditor (plaintiff) sent me a "Motion for discovery and to continue trial" and a "motion for summary final judgment" but they have never validate the debt. Can I still make then validate the debt now?
  • Feb 9, 2012, 12:01 PM
    Fr_Chuck
    You may also make a motion for it, they will most likely ask for your motion to be dismissed since you failed to request one when you had that right.

    But it is just one of the many things people try, so yes you can ask for it, the court may deny it, but you can try
  • Feb 9, 2012, 06:00 PM
    ScottGem
    At the hearing you ask for a dismissal since the plaintiff has not produced proof of the debt.
  • Feb 9, 2012, 07:34 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    At the hearing you ask for a dismissal since the plaintiff has not produced proof of the debt.

    The hearing is on Plaintiff's MSJ and motion for discovery, the remedy would not be dismissal, but rather denial of the MSJ and setting the case on for trial.
  • Feb 10, 2012, 04:18 AM
    ScottGem
    Quote:

    Originally Posted by AK lawyer View Post
    The hearing is on Plaintiff's MSJ and motion for discovery, the remedy would not be dismissal, but rather denial of the MSJ and setting the case on for trial.

    I didn't see a specific mention of a hearing. So I was referring to the hearing on the main suit.

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