[noluck]

Hi,
I posted my situation yesterday...
You can follow it.
Anyway I was sued two days I requested validation of debt. The attorney sent me something that was not validation (just an itemized bill) and now I'v read that I have to do a discovery. I have seen a sample letter but don't know if its something that I can use for my own situation.
I even called the court and they told me that there was no from and its usually something that you do with the plaintiff.
So I didn't want to send anything out and can't seem to get great information on requesting a discovery.

[Fr_Chuck]

I really think you are looking at this wrong and are playing the game with their attoreny who is trying to make you jump though hoops.

You asked within the time frame for proof of debt, that is all you have to do, they have to provide it, if they can't and don't within the time frame allowed, they case can get dismissed.

So why are you playing with them, if they have the real evidnce, then they have it, they can present it in court if they think they have, you show the court where you asked for it and they refused,

1. don't talk to any collect people, over the phone ever

2. do it in writing and never admit any guilt or oweing any money

3. Tell them they have failed to provide the requested information in the allowed time and you demand they stop all collection activities, Put them on the run. Don't worry about what they got, you asked they did not provide it.

** this is my opinion, what is the worst they can do, sue, and then they have to present what they got in court anyway if they have it. You seeing it now means nothing, What does matter you asked they did not provide it.

** now in all things, this is an opinion, not legal advice, talking to a local attorney is always best.

[noluck]

Hi, well they are sueing and claiming that 30 days have already pass since I requested debt validation therefore I can't but I got their letter too late.

He keeps writing me.
1. to settle out of court
2. told me my request for validation expired
3. sends me interrogatories.. asking me these very stupid questions that looks like they are only trying to build a case that I have to send back in 30 days
4. Plus when were on the phone he told me to send him a request for discovery... as if he thinks I won't or something...

So I am thinking that I need to request discovery

[John1865]

Discovery is a list of questions for you to answer. Discovery is the process where they learn more details... both ways!

I would get an attorney, especially if we're talking about a considerable amount of money. Do you really owe the debt? If so, you should pay what you owe. Is the debt from a law suit, or are they trying to settle without going to court?

[Fr_Chuck]

If they had enough evidence to get a judgement, they would not be sending you discovery interoogatories, they want you to put down that you owe them, and make their case for them.

At this point, they are not sueing you really until you get a supeona from the court to appera, that is when they are sueing you, at this point they are playing games to scare you, trick you and cheat you.

I would say my money if I had to bet they can't prove the case or it is past the SOL and they want you to say something that would allow them to restart the time on the SOL. But that is just my though.

An attorney to answer them may just shut them up