[diamond0327]

Ok let me start from the beginning because I have gotten very confused... Please help in what do I do from here?

They first sent me a certified letter thur the mail. I had to go to the post office and sign for. It was a SUMMONS AND NOTICE TO DEFENDANT. It state I had 20 day to answer. I answer it like this.

12/15/2008

To Whom It May Concern:


I, xxxxxxxx, have no idea what this account is about. I’ve recently been disputed items on my credit report. Due to of lack of knowledge of who this is and the account. I will need more information on this account to continue further with this matter.

I’ve recently had to hot list my social security number due to fraud. Accounts opening up under my number.

So to move further with this. Please send appropriate documents pertaining to this account.


THen They sent me a Admissions and Interrogatories request. And I replyed with this:

MOTION TO COMPEL DISCOVERY

ATTN: DISTRICT CLERK
IN THE DISTRICT COURT OF xxxxxxxxxCOUNTY
P.O. BOX 766
Xxxxxxxx, AR xxxxxxx

Court File No._xxxxxxxxxxxx

MOTION TO COMPEL DISCOVERY

Hosto, Buchan, Prater & Lawrence P.L.L.C
Plaintiff

Vs.

Xxxxxxxxxxxxxxx
Defendant(s)

COMES Now Defendant, xxxxxxxxxx, and files this MOTION TO COMPEL DISCOVERY, and requests the Court to grant such Motion based on facts stated below:

1. Defendant served Discovery Requests by certified U.S. Mail to Plaintiff's attorney, Hosto, Buchan, Prater & Lawrence P.l.l.C, on December 22, 2008. A copy of the certified mail receipt is attached here to as Exhibit "A."

2. The Plaintiff has failed to answer Discovery, and as of this date, no documents are forth coming nor has he communicated any request for extension.


CONCLUSION
Defendant hereby asks the court to withdraw the Demand for Admissions and give me an extension of time to answer the interrogatories until 30 days after Plaintiff provides full and complete answers to Defendant's properly, submitted discovery requests to Plaintiff to answer my demands.

Plaintiff's lawsuit and Motion for Summary Judgment is based on documents and facts that they allegedly possess. Defendant has requested these documents and proofs of facts, but has been denied.

Respectfully submitted this __29___ day of January, 2009.



Now did I do this wrong or the time has expired for the admissions and interrogatories to be answer. And I haven't got another letter in the mail in which that is how they were communicating with me anyway. So what should I do now.

[Fr_Chuck]

It sounds like they are claiming you never answered them and they want the court to give them a judgement without having to appear.

When you answered, did you
1. send two copeis one regular and one certified,
2. send a third copy to the court to put with the file to prove you responsded.

Basically you need to send another letter stating you have no knowledge of this debt and asking for verification of it.
State you sent original letter on such and such date, include copy of certified letter receipt if you used it.
Send copy to court