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curveball · Feb 25, 2013, 08:45 AM

I received a complaint from a JDB and on the complaint stated as defendant is my name and under it an AKA name. I have never used an AKA and have no knowledge of the name they listed. How to I address this in my answer to complaint and also in interrogatories/admissions/production of documents?

ScottGem · Feb 25, 2013, 09:03 AM

Simply state that you do not believe you are the person involved in the complaint and ask for proof that you opened the account.

AK lawyer · Feb 25, 2013, 10:02 AM

... on the complaint stated as defendant is my name and under it an AKA name...

So if your real name were "Curveball", the complaint is entitled "JDB, plaintiff, v. Curveball, a/k/a Kurveball, defendant"? Do you owe the debt? Answer as "Curveball". "Kurveball" would be someone else and not your concern.

curveball · Feb 25, 2013, 10:11 AM

Due to inconsistancies in the plaintiffs Affidavit of Sale and Certification of Debt I filed a motion to strike. Later received court date and notice from court that discovery was to be complete by a certain date. About a week later I received interrogatories/admissions/production of documents from plaintiff. I am working on sending mine to the plaintiff, but in the mean time I received from the court the dinial on my motion to strike. Also, with this judgement entry the judge stated plaintiff shall provide court with copies of assignments from the OC and each subsequent assignee within 30 days or matter will be dismissed without judgement.
Based on the latest from the courts, Do I wait to send discovery responses to plaintiff and if so it will exceed the 28 days. How to I proceed here?

AK lawyer · Feb 25, 2013, 10:45 AM

It doesn't seem that the court was clear on what it meant by "discovery to be complete". Normally, interrogatories should be served on you in time for you to complete them in the normal time allotted by the rules, as well as by the court-imposed deadline. So, I would argue, that you have the full amount of time to comply.

If the plaintiff does not provide the required information, the matter will be dismissed. But how will the court know if this has happened yet? It appears that the judge hasn't thought this through.

If I were you, I would send the discovery responses as quickly as you are able. If, however, you cannot do so by the due date, you will have the above argument to fall back on. As a practical matter, no one should care if you are late by just a few days.

Alternately, you could either seek to get an agreement from OC as to when the discvoery is due, or seek clarification from the court by motion. Either way, of course, would alert the plaintiff to the need to comply with the discovery on their part.

curveball · Apr 11, 2013, 09:24 AM

Received letter from debt collector stating basically that since I have refused to work with them I have until 4/11/13 to make arrangements for payment of the account will be sent to an attorney. Five days later I received certified letter stating the same thing, but this time the amount due had increased by $5 and the date to respond is now 4/14/13. I have "never" spoken to this debt collector or received any previous correspondence through the mail. They are in violation of the FDCPA. My question is: should I respond to them and let them know they have violated FDCPA and state that I am exercising my rights to request validation from them concerning this debt? I have a letter constructed, but wasn't sure if I should send it or not. By the way: I have filed a complaint with FTC concerning their tactics.

curveball · Apr 11, 2013, 09:30 AM

Update: The attorney for this junk debt buyer dismissed the case w/o prejudice, one day before they were to have proof of contract due in the courts and before they had answered discovery. I do understand that w/o projudice means they have up to a year to re-file this case, but in doing so they would have to have the required proof. What do you think the chances are they will re-file?

JudyKayTee · Apr 11, 2013, 09:49 AM

Charges which are not set forth in your original loan/whatever this is cannot be added.

Otherwise, how is the Collection Agency violating the law?

Why is "never" in "never spoken" in quotes?

JudyKayTee · Apr 11, 2013, 09:51 AM

I have never heard of an Attorney "dismissing" a case - with or without prejudice. This is what Judges do.

On another note all of your threads on debts need to be combined in order to make sense, and I have requested that that be done.

Please stick to one thread.

curveball · Apr 11, 2013, 10:40 AM

Originally Posted by JudyKayTee

I have never heard of an Attorney "dismissing" a case - with or without prejudice. This is what Judges do.

On another note all of your threads on debts need to be combined in order to make sense, and I have requested that that be done.

Please stick to one thread.

Sorry should have explained better: The attorney filed notice of voluntary dismissal w/o prejudice and according to
Ohio RULE 41. Dismissal of Actions
(A) Voluntary dismissal: effect thereof.

(1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following: