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Sponge of knowledge · Sep 18, 2007, 06:37 PM

Hello,

I have never reached out to a forum like this before, so please excuse any ignorance I may display in asking questions that you may feel I should know.

I have been reading all of the other questions, about being sued, and how to go about it, but just want to know that when I send the letter of Intent to Defend, should I sign it? Is it required to be signed or just typewritten with my full name? I called the court and they said to include my address and phone number. Is this necessary? I read somewhere that by sending one to the court, and one to the attorney suing on behalf of the collection agency that I should not sign it, or I may find my name on a contract mysteriously.

After mailing or handing in the intent to defend, I understand step 2 is a "discovery". How do I prepare this, and what questions should I ask, and how many questions should there be? Do you have a sample discovery where I can fill in my:confused: information? I have no clue where to start with the discovery.

Thank you in advance for all of your help that you can give. Your forum is greatly appreciated.

Fr_Chuck · Sep 18, 2007, 06:41 PM

If they want your name on something, they would have it from a dozen credit cards.

Sponge of knowledge · Sep 18, 2007, 07:06 PM

Is it mandatory to sign the copy going to the court?

Sponge of knowledge · Sep 19, 2007, 02:37 PM

Does the Intent to Defend have to be notarized?

sunny07 · Sep 19, 2007, 05:20 PM

I am in same situation as you. As far as what I found out is that you don't need to notarize intent to defend. Also, filing a discovery does not need to notarized either. If you file a sworn denile, then you will need notarize it. I have not file anything yet but I will be filing intent to defend in a few days. I am with you, as I've been desperately searching the web for information.

Sponge of knowledge · Sep 20, 2007, 09:04 AM

Thanks for the feedback. I will be taking my Intent to defend to the court today, and I believe I am supposed to send on to the collection agency that's trying to sue. This is all so nerve racking. I just want to know that I'm taking the right steps to avoid any mistakes.

sunny07 · Sep 20, 2007, 12:10 PM

Originally Posted by Sponge of knowledge

Thanks for the feedback. I will be taking my Intent to defend to the court today, and I believe I am supposed to send on to the collection agency that's trying to sue. This is all so nerve racking. I just want to know that I'm taking the right steps to avoid any mistakes.

You are taking the right step. I feel that at this point we don't have any other option other then having collection agency to prove it. They sued, we are a defendant. They have to prove it. Yes, thake your intent to defend to the court and send one to the agency. Did you prepared notice of discovery? If you did, send it with your intent to defend.

Sponge of knowledge · Sep 20, 2007, 12:27 PM

I haven't prepared one yet, but I have seen several different versions, and will make a decision from two that I feel are good. I'm not sure which one to use though. There was one with a list of 44 different questions for them to answer, and then there was one that had more verbiage within the paragraph and looked more condensed. Have you prepared your discovery yet? If so, how did you prepare it? Do you know if I have to sign the copies being sent to the collection agency?

sunny07 · Sep 20, 2007, 01:56 PM

Originally Posted by Sponge of knowledge

I haven't prepared one yet, but I have seen several different versions, and will make a decision from two that I feel are good. I'm not sure which one to use though. There was one with a list of 44 different questions for them to answer, and then there was one that had more verbiage within the paragraph and looked more condensed. Have you prepared your discovery yet? If so, how did you prepare it? Do you know if I have to sign the copies being sent to the collection agency?

I was going to use the 44 question one. I don't think you have to sign it but if I was to send one, I will sign it at the bottom where the name is. It just makes it official. At this time I have turned all my paperwork to friend of mine who is a lawyer. I could not afford to retain one myself so I reluctantly asked him and he was kind enough to do it. The bottom line is you have to make sure the collection agency proves that it is your debt before you agree or deny the debt.

Sponge of knowledge · Sep 21, 2007, 07:18 AM

Thanks again Sunny07! I will be using the 44 question discovery as well. You have been a huge help!!

sunny07 · Sep 21, 2007, 07:21 PM

Originally Posted by Sponge of knowledge

Thanks again Sunny07!! I will be using the 44 question discovery as well. You have been a huge help!!!

No problem. I hate these debt collectors. We all know that we have obligation to pay if we owe the debt but the point is, these guys are scums. I will keep posting the progress as my case goes along. Hope you will do the same. Good luck!