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RoRoRoz · May 7, 2010, 07:05 PM

We are being sued by a law firm for a credit card bill that we have that is marked "paid in full". We have the original bill from the credit card company, the problem is it's from 2008 and we are trying to figure out how we paid it so we can get proof of it being paid. In the meantime, we had to file an answer to the complaint, which we did claiming the amount was incorrect because it was paid. The law firm then sends us interrogatories, and we don't know how to answer them, as we are still trying to figure out how this bill was paid and have nothing to send them showing proof. We could use some help, here is the question... What, if any, credits, allowances or deductions do you claim to be entitled with regard to the account which is the subject matter of plaintiff's complaint? In answering this interrogatory, specify the amount of each such credit allowance and/or deduction and state in detail upon what facts you base the claim for each.

Oh, the law firm is suing for over $1,500... WHAT!! I hope and pray we can find how this bill was paid and get the proof, if not, what do we do? These interrogatories have to be answered in 30 days or they will file a judgement against us. Thanking you in advance for any and all your help.

cdad · May 7, 2010, 07:43 PM

For one thing you have a right to documentation. Is it possible there is some confusion taking place and you're the victim of identity theft? Call the credit card company and ask for an expanded statement for the account. It should match your records. Also it should show when the payments were made. If you have nothing else at this time at least send back a copy of what you have. You say it says paid in full but is that their writing or a notation you had made?

RoRoRoz · May 7, 2010, 08:01 PM

The bill I have is my notation, when I pay a bill I write on it either paid in full or how much I paid. OMG, I never thought to ask the credit card company for a copy of our statement showing payment. I got so upset being sued, I couldn't think straight. So should I tell the attorney we paid this and I am requesting a copy of the statement showing payment and will forward that to him when we receive it? We tried to talk to the attorney when we first got the complaint, he was so nasty. He yelled into the phone we owe this money and hung up on us. I can't believe I never thought of this... THANK YOU!!

cdad · May 8, 2010, 04:24 AM

Don't talk to him till you have to. Contact the credit card company you were dealing with and ask them first.

ScottGem · May 8, 2010, 05:29 AM

When I pay a bill, I also mark the date, payment amount (if less than full) but I also include the check number or electronic payment number. So I can trace the payment if needed.

Instead of dancing to the plaintiff's tune, make them dance to yours. The burden of proof is on them, not you. Tell them you have a notation that this bill was paid in full and you are requesting documentation of the account history.

And do it ALL in writing.

RoRoRoz · May 9, 2010, 02:31 PM

Thank you all for your help. I'm hoping to have this figured out in a couple of days. I will only deal with this law firm in writing, better to have a paper trail.

RoRoRoz · May 14, 2010, 04:28 PM

Hi All, you guys were a big help, I'm hoping you can help me again. I found out this debt was never paid, very embarrassed. I would like to pay this, but the credit card company said it had been written off and the debt sold. I have no problem paying what we owe, I'm upset that a $494 bill is now $1587. I had to send the interrogatories the plaintiff sent me back because they were due and didn't want a motion for a judgement to be filed. I got a letter from the plaintiff saying the interrogatory responses were nonresponsive and we have 10 days to answer them or they will file a judgement. Like I said, I have no problem paying what we owe, I have a problem paying over $1,000 more than what the original bill is for, even with some interest owing. We have a court date for July 20th, I would like to go to this court date and have a mediator come to an agreement with them... any suggestions, help as to where we go from here, I've only got 10 days before they file a Motion for SJ.

ScottGem · May 14, 2010, 05:13 PM

First, its not up to the plaintiff to say if the interrogatories are responsive. That's up to the judge. Also, they ALREADY filed for a judgement, that's why you have a hearing. So threatening you like that is meaningless. If you can make a lump sum offer of settlement of somewhere between 30 and 50% of what they are asking for. Then try that.

RoRoRoz · May 14, 2010, 05:42 PM

And herein lies the problem, we tried to settle with them, they want the amount they are suing for and won't talk about reaching a settlement. I know they didn't buy this debt for $1500+. How do I answer this letter from them about the non-responsive rogs. I know if I don't answer they will file for SJ, they don't care if they are within their rights or not, they want the money and I know they do not want to go to court.

RoRoRoz · May 14, 2010, 05:44 PM

They haven't filed a judgment yet, they are in the discovery phase... just our discovery, they told us they don't have to provide us with anything...

ScottGem · May 14, 2010, 05:50 PM

Originally Posted by RoRoRoz

they haven't filed a judgment yet, they are in the discovery phase...just our discovery, they told us they don't have to provide us with anything...

You aren't listening. They have filed a law suit against you. That's why there is discovery, that's why you have a hearing.
A judgment is the result of a law suit. You don't "file for a judgement". You file a lawsuit that may result in a judgment for or against.

Have you asked them to verify the debt yet? Have they provided proof of the debt?

RoRoRoz · May 14, 2010, 06:29 PM

I'm sorry, I thought you said in your last post they filed a judgment against us... my mistake. We did ask them to verify the debt, they will not give us any information, told us they do not have to provide anything, we have to prove we did not incur this debt.

ScottGem · May 14, 2010, 06:33 PM

Originally Posted by RoRoRoz

I'm sorry, I thought you said in your last post they filed a judgment against us...my mistake. We did ask them to verify the debt, they will not give us any information, told us they do not have to provide anything, we have to prove we did not incur this debt.

That is a lie. As the plaintiff, they are required to prove their case, not the other way around.

RoRoRoz · May 14, 2010, 07:27 PM

I absolutely agree, unfortunately, they are a law firm schooled in this and I'm not, they want to bury us with paperwork, legalese, and scare tactics in the hopes that we will get scared and run away.

ScottGem · May 14, 2010, 08:41 PM

So don't let them bully and intimidate you. You have rights. Do NOT believe anything they say without verification. They have already shown they are liars.

RoRoRoz · May 14, 2010, 08:58 PM

So... how do I respond to their letter stating the rogs were unresponsive? Reading between the lines, they want us to give them our case so they can prepare their case. We basically denied owing any money to the plaintiff and left plaintiff to their proofs... Nonresponsive, they need more details, more information... I don't know how many more ways I can write... we deny owing this debt, you prove to me that it's my debt and you have the right to collect it. I worked as a legal secretary 15 years ago, stopped to stay home and raise my babies--13 and almost 15; some of this comes back to me, but I've been out of the loop so long, I can't remember half the things. I used to type up my boss's pleadings, he'd sign them and I'd file them. Unfortunately, I'm rusty and can't remember all I did.. also wasn't in debt... I did personal injury, medical malpractice, family court. But I digress, just need to know what to say without giving away anything that will satisfy these guys; I'm sure they won't be satisfied. They are trying to get their SJ motion filed prior to July 20th, they don't want to have to drive over 2 hours to come to court

ScottGem · May 15, 2010, 04:32 AM

Respond, with a settlement offer like this:

If you can prove this debt is mine, then I would be willing to discuss a settlement. Until such time I can neither confirm nor deny this debt. If you do not provide verification, then we will see what the court has to say.

cdad · May 15, 2010, 04:35 AM

Let me try to bottom line it for you. As you have stated you owe the money. Since they are asking you for proof of payment - it doesn't exist. When you signed on to the debt it included fees and court costs. That's why the number is so high. So as Scott said try to settle. Show up for the court date and they should talk to you before going before the judge. See if you can get things done then. If not you will see the judge that day. Just be aware that you could incur further fees. Try to be reasonable and try to get this thing paid and behind you.

ScottGem · May 15, 2010, 05:34 AM

Originally Posted by califdadof3

As you have stated you owe the money.

That's right, you can't use the "I can neither affirm nor deny..." if you have already admitted to the debt to them.

RoRoRoz · May 15, 2010, 02:34 PM

Thanks so much, it would be so much easier if they would just talk to us, we are willing to settle, they just won't talk. All we've done so far is deny the debt is ours and ask for verification. If they would be reasonable and talk to us, it would be settled. I believe they want a judgement for the full amount without having to drive 2 hours to where we live and go before the court. If they won't talk to us, I would rather go before the Judge and have him figure this out. Thanks so much for all your help.