[mew1157]

Can anyone give me link to the Fair Credit Collection Act Document?
Full Document with all the laws(complete) would be great

[JudyKayTee]

Do you mean Fair Debt Collection Practices? http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf

[mew1157]

OK here's the deal. About a week ago I received a motion of discovery from the sueing attorney. In response to my motion for discovery. In which there were RESPONSES to my questions and his own motions(questions).

In general he asked
1 who I was seems weird to ask because he filed a suite)
2 who else has knowledge of this lawsuite?(weird again because I'm the defendant and he is the plaintiff and I thought that was all that was needed)
3 Do I have relatives or family with assets?(money,land ect)

His responses to my motions were
1 stating that this is MY debt.(Not producing an original contract or similar legal document as required by law. He just stated this is your debt and I have been assigned to collect)
2. stating that a one MR.Grey(that signed a sworn affidavit affirming that this was my debt would NOT be produced as a witness on the day of the court proceedings. Although I filed and sent a sworn denial that was noterized and filed with the courts to him and the court. It was my understanding that if I filed a sworn denial in response to a sworn affidavite signed by Mr.Grey that he must be produced as a witness). Or do I get my civil liberties violated on that matter?

So. My next question is what is my next move on this matter? Any suggestions?
I am thinking of filing a complaint with the court on the Mr. Grey issue and also shouldn't he have validated the debt more conclusively?

[ScottGem]

Is there a court hearing scheduled?

[mew1157]

Yes there is a court date scheduled for March 3rd. However I received a notice from the attorney just yesterday saying that he was requesting a delay in proceedings by about 45 to 60 more days.From the original court date (march 3rd). He staeed he was requesting documents from his client(the credit card company sueing me)

[JudyKayTee]

The questions he asked are boilerplate questions, probably asked by "him" in every response, the same way the Defendant routinely denies the debt. If the Court will accept an Affidavit there is no need for the witness to appear. Obviously no one is there for you to cross examine but I don't know what issues you are planning to use on cross examination or even if you are planning a cross examination.

Nothing unusual.

[Curlyben]

>SEVEN Threads Merged<

Please stick to ONE thread for this issue

[mew1157]

What about my Sworn denial I filed with the courts? I thought that if I filed that Document it entitled me to have a live witness in court. So they (the plaintiff) could prove their case in a more traditional manner then just a document by an individual that swore on an affidavite. I may file for a subpoena in order to have mister Grey appear. Because I feel if I am accused of something it is in my civil rights to face my accuser in court.And yes I do intend to cross examin. Also I received a letter from the sueing attorney stating that he was requesting a delay(to the courts) in this case based on that he didn't have documents he needs from his client (the credit card company) for the proceedings. He is asking for 45 to 60 days from the original court date.
Also on the same day(Monday the 9th of Feb)
I received a certified letter of OBJECTION from a junior attorney from the same firm.She stated in the letter that they objected to the motion of discovery I had sent on the grounds that

1.my motion of discovery didn't follow the rules of civil procedure.(I followed a simple template form for my request had it noterized and filed with the courts. When the county clerk saw the paper work she said it all looked corret and in order and filed it for me.)

2. they(she the sueing attorney firm and she) didn't understand my request

3. They were sure they didn't have the information I was requesting.(strange since they claim they didn't understand the request)

4. that they were/would look for the information(strange again for the same reasons stated above.)

I can provide copies if anyone is interested.
So in short my request for validation hasn't been confirmed(in an original contract). Just the attorney saying "this is your debt". I think I will have to subpoena Mr. Grey or file a motion with the courts to honor my Sworn Denial. Also now we have this possible delay in proceedings(if the courts grants them that).
LOL ,and this weird letter making conflicting claims about my motion of discovery from the junior attorney(the we object,don't understand,but am sure we don't have,but will request what we don't have or understand).
Anyone got any suggestions on what my next move should be?

[JudyKayTee]

Is this Small Claims Court?

If you intend to Subpoena and cross examine witnesses when you clearly have no knowledge of how the system works you are only going to offend the Court. Nothing offends the Court as much as anyone who researches, doesn't have a clear understanding of that research and attempts to "play Attorney."

Once you play the civil liberties card in Small Claims Court you are going to lose - plain and simple.

I realize you think you have been wronged and the system is working you over. Assuming that the cc company can prove the debt, what is your defense going to be? Why, in fact, hasn't this been paid?

I think you're in over your head and either need to pay an Attorney or be more realistic. Again, just my opinion and "we're" all entitled to have one.

[ScottGem]

What you are missing here is that this is all SOP legal wrangling. In the long run it means nothing. They are trying to intimidate and befuddle you.

Remember Small Claims courts tend to be less formal. {Edit: I agree with what Judy said about playing attorney}

What you need to focus on is the fact that they have to produce a signed contract to verify that the debt is yours. They also have to produce a record to prove the amount of the debt and finally proof that they have the right to collect the debt.

If they cannot produce all three in court you ask for a dismissal. If they claim that the affidavits from Mr Grey is sufficient and the judge agrees, then you say to the judge they need to produce Mr Grey so you can question him. This doesn't necessary mean in court, you could have a deposition done outside of court.

So your next move, as I believe I have said before< is to sit back and wait for the hearing and see what they produce. If they do produce documentation at the hearing, you can ask for time to review it.