[jb1973]

Ok guys, thanks for all your help so far. Not only have I learned a lot, but you guys have really saved me some big trouble. I hope to use this knowledge that I have gained to help someone else out when this passes =)

Ok, quick summary of what's happened so far. I was served a summons. I answered the summons and filed it at the court that it wasn't my debt, and they have sent me zero proof. I also sent them a letter to validate the debt, nothing so far. The court sent out a FYI letter saying your court date will need to be made after 6 months pass by the plaintiff etc. What I have a question about now is the plaintiff sent me this huge packet of stuff. I thought it was some sort of breakdown or proof of debt, when in fact the cover letter reads: Please find enclosed plaintiff's discovery requests regarding the above-styled action for your completion and return. Please contact us if you wish to discuss a settlement to this matter. The documents attached are 19 pages and include three things. Plaintiff's first interrogatories, First request for admissions and first continuing request for production of documents. There is not one letter in there proving if I ever had an account and the breakdown of it which I requested. This is basically saying Is this yours? Yes it is yours. Give us a copy of your contract. Out of all my reading here, I haven't found anything addressing this sort of approach. Anyone have a clue? Thanks guys.

[5683HUGGS]

What happened since your last post? I too filed my answer, sent out a validation letter via certified mail. There only response was to set out to me the same Admit and Produce interrogatories. What did you do?

[jb1973]

Hey there, check your private messages.

[Fighting_the_Deb]

Wait! I want in on this one! I'm in the same boat.

I put in my answer that I denied all their charges because they had failed to provide proof positive that the debt is valid. There is something that is in a lot of contracts now that says that you lose your right to deny payment if you fail to deny the charges to the original creditor while the account is open. So, say there is a charge for plane tickets to Jamaica on your credit card statement, and after 32 days it dawns on you that you didn't go on a trip to Jamaica, then tough cookies, because you failed to notify the company of a dispute within 30 days. Then they claim that the burden of proof is on you to prove that you don't owe the debt.

The way I have handled it is that, I say the burden of proof is on them to show that I even owe the debt in question. They need to provide proof that they are the ones I am supposed to pay money to. Put it to the judge as: "I have been contacted by numerous companies regarding this account, how do I know these guys are the ones to pay? Where is there any proof they bought the debt from the original creditor, or that they have a contract with the original creditor, and where is there proof of a realationship between you and the original creditor?"

I know this is not in direct response to what you received... I have no idea about that. Please let me in on all the info you 2 have gained!

[5683HUGGS]

Yes, a lot of us are on the same boat. Just to be polite to jb, copy and paste your question to "What I properly served? What are my options?" and I can talk to you there.
Thanks

[mr.yet]

Answer to interrogatories, " I have no knowledge of the alleged debt, nor do I have any alleged contracts"

I have no knowledge of this alleged matter, plaintiff has fail to validcate alleged debt claim, from Dispute of Claim dated _______, Plaintiff only reply is Interrogatories to the Defendant.

I have no knowledge of this un-verified claim of the plaintiff's



By answering their interrogatories you have to admit of deny, There is no way you can until the plaintiff validicate the alleged debt.