[lindy48]

What was your outcome on this? I answer the lawyer's discovery/interrago. however he has now sent them back saying I did not respond properly to his request. I really need help on how to proceed.
Thanks.

[ScottGem]

First its not a good idea to piggyback your question on someone else's. This can lead to confusion. You should start a new thread. So I've moved your question to its own thread.

Please priovide more details about your summons, what the plaintiff said, etc.

[Fr_Chuck]

I would assume you did not confess and agree to everything and make his case for him, I do have to say if this is the other sides attorney, do you really care if they are not happy? Did you show this to your own attorney

[lindy48]

Sorry I did not realize. Actually I received the summons first, I replied with a debt validation letter (filed it at the courthouse) and sent it back certified mail to attorney. Four days later I receive a debt settlement offer, then 2 days later I receive a response to my debt validation letter. The lawyer sent a "verification" of name of creditor and amount, and a signed affivadit from collection agency. I responded back that his "verification" was not "validation" and that he should cease and desist on collection activity. Then 2 weeks later I get a request for admissions, interragatories and production of documents. I had called an attorney, however he told me that it would cost me more for his services than the actual amount owed. Said I attempted to answer the lawyer's request, however on some answers I put "defendant does not admit and has no knowledge", plus I posed my own questions to him, such as production of documents, etc. He responded back 15 days later with a 14 page document stating that I did not properly answer his questions or suffiently respond to his request. He stated, he is giving me 7 days to respond are he will file a motion with the court to compel responses. What does that mean? I think he is trying to scare me - what do you think? If he has a case againist me, why does he need me to admit to it or provide him with documents. Thanks so much for any help you can offer.

[ScottGem]

I think he's trying to scare you too. Has a hearing date been set?

What was the settlement offer? Do you owe this debt?

[lindy48]

The amount he is trying to get is $1600 (interest too) and no there is no date for court. In fact his latest papers he sent were not even filed with the courthouse, as he stated so in the bottom of his letter, however also hadd cc at the bottom of his letter that he sent a copy to the clerk of court. He wanted to settle for $1200, a 100 a month for 12 months. Should I just answer his questions again and send them back - I sent him an email telling him that I would be responding after I consulted with a lawyer to see if I had to in fact provide him with all this stuff. He is only giving me until the 30th - I told him I wanted at least 15 days - he has not responded to my email.

[ScottGem]

Send him a letter saying, you are sorry, he didn't like your answers, but until you receive proof that this is a valid debt those are the only answers you can give (you can add on advice of counsel if you want). If he is not willing to prove the debt before hand, then you will wait for the hearing to see if he can produce proof.

[progunr]

You do not have to answer any of his questions, as long as you don't mind going to court.

The paperwork he sent, while insufficient in your opinion, may be sufficient to prove the debt to the court.

If you are being offered a settlement, in writing, I would tend to cooperate with the attorney, especially if I knew I owed the debt, and had the slightest belief that it could be proven.

[Fr_Chuck]

I don't ever believe in giving the other side the evidence they need to find me guilty. If you don't owe it, or don't think they can prove you owe it, as noted, refuse to answer, tell them they were answered correctly and you will be glad to see them in front of the judge.

[lindy48]

So three of us here, think I should just wait and seem what happens if we go to court. I feel that a "verification" of debt is not real proof of a debt or what we he ask me to provide him with documents, etc. Also the affidavit signed by the representative of the collection agency, does not have a seal from a notary, just a signature. My gut tells me they are just trying to scare me into giving them some money. However, can a lawyer actually participate in such "bogus" things and not get into trouble.

[progunr]

It really comes down to you, and what you decide to do, not any of us here.

The true issue here, is this your debt?

If you choose to try to fool yourself, and say, "gee, I dunno", then by all means, request what ever documents you want, refuse to answer any questions, give up the opportunity to settle for less than you actually may owe, and have your day in court.

Don't respond to a single request from this attorney, and you will have your answer, fairly quickly I would guess.

You'll either get notice to appear in court, or, if he's really just trying to scare you, you may not.

The good news, is you get to decide how to deal with it, just before the attorney decides how he will.

[ScottGem]

First, the affadavit doesn't need a notary seal. Notarization just verifies the identity of the signer. In this case its unnecessary. Second verification should consist of a copy of a contract with your signature on it and an accounting of the debt.

[TheCleaner]

A verification with an affidavit is just not good enough, is no proof of debt and there is several case law stating so. Try to found some in case you finally go to court but I don't think you will, those lawyers having that kind of proof usually drop the case as soon as you file a response with the court asking for validation, I don't know what's wrong with this one, in my opinnion you need to file with the clerk of court a response to the summons and quit talking to that lawyer.

Carl.-

[TheCleaner]

Hey Scottgem, sorry but you are mistaken.

Verification is just what they did as stated in the FCRA or FDCPA I don't remember. It is intended only to make sure that the collector knows at least who was the owner of the original account and how much was charged off

Validation is outside of the credit laws, they need to prove the existence of the debt and the amount with a contract and statements. If they didn't you could sue the collectors back for double amount just with an affidavit signed by you next door neighboor and split the money.

Debt collectors are always trying to confuse this two things.

Carl.-

[George_1950]

Then 2 weeks later I get a request for admissions, interragatories and production of documents...Said I attempted to answer the lawyer's request, however on some answers I put "defendant does not admit and has no knowledge", plus I posed my own questions to him, such as production of documents, etc. He responded back 15 days later with a 14 page document stating that I did not properly answer his questions or suffiently respond to his request. He stated, he is giving me 7 days to respond are he will file a motion with the court to compel responses. What does that mean? I think he is trying to scare me - what do you think? If he has a case againist me, why does he need me to admit to it or provide him with documents. Thanks so much for any help you can offer.

You need the civil practice act in your state; it may be online.

[ScottGem]

Hey Scottgem, sorry but you are mistaken.

Verification is just what they did as stated in the FCRA or FDCPA I don't remember. It is intended only to make sure that the collector knows at least who was the owner of the original account and how much was charged off

Validation is outside of the credit laws, they need to prove the existence of the debt and the amount with a contract and statements. If they didn't you could sue the collectors back for double ammount just with an affidavit signed by you next door neighboor and split the money.

Debt collectors are always trying to confuse this two things.

Carl.-

In my experience the two terms are often used interchangeably. The main point is that the plaintiff has to prove the debt exists and that the defendant is the one who incurred it. They also have to prove they have the right to collect it.

[lindy48]

Thanks to all of you for your answers. In my opinion I do not think the debt collector has provided me with anything but a statement such as "last payment, org. creditor name, charge off date, and last payment amount". He then goes onto state this is a contract, not a open account, therefore SOL is 6 years. If it was a signed contract, as he says, shouldn't he provide me that contract I signed. I am not trying to avoid something that might be mine, but I am not going to roll over and play dead either. I will respond to his latest documents, however if he chooses to take me to court before he receives my response, I will be prepared for that too. I just wanted to know if anyone else had been in this same situation with LVNV funding.

[TheCleaner]

I had deal with LVNV and some of the others members of Resurgent family, they'll push as much as they can, knowing that they are wrong but if you don't bend suddenly they just drop it go to try on someone easier.

A credit card application is not a written contract, there is case law supporting this assertion, at the most is an open end credit contract and the SOL use to be shorter than a regular contract.

LVNV used to include in their responses to validation a paragraph of that Gallerizo case law, if they did get a complete copy and read it, you'll see that including that as response it is a malicious attempt to fool you and the judge, the case is not relevant for purposes of validation, the way they put it it is completely out of context and they fail to include the important part.

At this point I would send them an intent to sue letter, They are reporting unverifiable information to the bureaus and suing you over a none existent debt.

Carl.-

[lindy48]

That is exactly what I thought. I looked it up in Georgia (my state) and a credit card is an open account. If he wants it to be a contract shouldn't he provide me with my signed signature on this "contract". Does the SOL begin with last payment or date you took account out? Thanks so much for your anwers. I still don't know if I should re-answer his interragatories again or just send him another letter telling him I have provided my answers - he said if I don't he will compel the court to pay his attorney fees (he is a Georgia attorney representing LVNV Funding). My thing here is if this was being done legally wouldn't he have filed the papers with the court instead of just mailing them a copy. Confused.

[George_1950]

I believe in Georgia the original copy of the discovery requests are retained until the necessity of a hearing is met, at which time they are presented to the court, probably to the judge. I would suggest that you read the interrogatories closely, as well as your answers, before daring him to request an order of production. Perhaps there are some details that you will see you overlooked the second time around, which may be enough to get him off your back.