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    bpone's Avatar
    bpone Posts: 2, Reputation: 1
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    #1

    Aug 8, 2008, 07:59 AM
    Sued for cc debt - filing response: motion for discovery?
    I'm being sued by a second party collection agency. Am not certain if the SOL has run out or not because I don't have record of when the last payment was made on account. I would like to ask them to provide proof of debt i.e. my signature on an original document. Also, I'd like to question the authority of the collection agency (LVNV funding) to collect on behalf of the original creditor, provided they can provide proof.

    I think I need to make a motion for discovery - can that be done in my response to filing? I'd really like to get an attorney, but can't afford one. If I could afford a lawyer, I'd just pay off the debt.

    The case is scheduled for next week: maybe I should be asking for a continuance instead of filing a motion for discovery at this late date?

    Any help would be very appreciated.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Aug 8, 2008, 08:04 AM
    If they intend to win the suit, they would have to prove all these things at your hearing.

    If they can't, it would either be continued, or dismissed.

    Go to court, present your defense, and see what the judge decides.

    The only advantage I see to seeking a continuance, is to delay the process.

    Even if they send you the proof, it still has to be presented at the hearing.
    bpone's Avatar
    bpone Posts: 2, Reputation: 1
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    #3

    Aug 8, 2008, 08:37 AM
    Thanks so much for answering so quickly. :)

    Should I bother attempting to prepare a response at this point, or just show up for court with my requests?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 8, 2008, 08:38 AM
    Send a letter to the court stating your Intent to Defend and requesting a hearing. Send a copy of that letter to the plaintiff requesting verification of the debt.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #5

    Aug 8, 2008, 08:50 AM
    Quote Originally Posted by bpone
    Thanks so much for answering so quickly. :)

    Should I bother attempting to prepare a response at this point, or just show up for court with my requests?
    Did you receive something saying you need to provide an answer, or did you receive a notice with a hearing date already set?

    If the hearing is already scheduled, I don't believe you need to respond, if you were instructed to respond, then all you have to do is reply that you deny the debt, you intend to defend the suit, request validation of the debt and proof that they have the legal right to collect it.

    Send it via certified mail, return receipt requested, and keep a copy for yourself.
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