So I have got this far reading posts here. My question has to do with the request for admissions and interrogatories.
Do I just object to all of the requests due to improper venue? Also they are beyond the time limit to answer my motion to compel. Can I file a motion to dismiss for failure to follow court rules?
I'm not sure if it was even a good idea to file the mtc other than delaying a judgement.
Edit to add: I was looking at the court website at all of documents filed and what they had scanned in.
When they filed their request for admissions they request for interrogatories is not there. I know it could be a mistake by the clerk but if its not is there a reason they would send me a request without filing it?
Thanks for the help in advance.
MY ANSWERS TO THE STANDARD QUESTIONS:
1. Who is the named plaintiff in the suit?
Grassy Sprain Group
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
Cross River Bank
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Not sure, but within the last three years
11. What is the SOL on the debt?
12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Have received request for Interrogatories and Admissions after filing answer and then MTC.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? (listed below)
I know its not a lot of time. I have the requests answered both with objections due to venue and without. I started second guessing myself so I thought I would ask for help.
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Affidavit and contract from OC