[atlmiss]

So, today I went to a lawyer consultation, referred to me by the GA Bar association.
She informed me of a few things:

The most important being that in Magistrate court you cannot file a motion of discovery, you need to subpoena for any documents, a contract etc. but they don't have to provide them until trial!

She also said (without really looking over any of my papers) that I probably didn't have much defense because they are a collection agency and that they would most likely provide the contract and all the documents and I'd get a judgement against me, and that I should just pay them, even if I felt I didn't owe the money.

She also said that the plaintiff, Portfolio Recovery Assoc. doesn't have to appear in court.

It really seemed like she was on their side! I wasn't comfortable with her and I'm not sure if I should go to another referral from the bar or not. So, can anyone chime in if that sounds right... no motion of discovery with a subpoena instead?
And no need for them to provide contract or documents? And no hope for ol broke me?

I might add I'm not trying to skip out on what I originally owe and would be happy to settle and make payments with interest (though I don't have anything to put down! ) Tripling a debt is just not fair-- I want debt validation and proof!
Thanks!

[bushg]

You call the Attonery General in your state and tell them what the attonerysaid, ask them if the creditor has to give you debt validation etc... they will be happy to answer your questions, also tell them how old the debt... It could be past the satute of limitations they will let you know. They will also let yoou know what kind og papers you will need to file. Here in Ohio I have found them to be very helpful. Good luck

[mr.yet]

Well, then and the Magistrate sign your subpoena to compell the plaintiff it produce the documents.

Remember this when in court attorney cannot testify for their client, not oral or in brief, the plaintiff must be present in the court, No plaintiff, no case.


If doesn't matter what court you are in you are entitled to see all the evidence against you.

[ScottGem]

Whether it's a Motion for Discovery or a subpeona to produce documentation, the result is similar. The plaintif is required to produce documentation. It might not be until the court date, but that's very unusual.

The Constitution guarantees the right to face one's accuser. So a authorized representative of the creditor must appear. However, that rep could be an attorney employed by the creditor.