josetorres

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About josetorres

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  1. Since I originally sent a letter (not certified) to the plaintiffs lawyers before and after being served, asking for copies of contracts with signature, copies of purchases on any proof of account, does that act as discovery? So I can go ahead and file a motion to compel. Or do I need to send a discovery request now?
  2. Thanks for your help so far. I plan to file a motion to preclude this week. Will have to ask for help probably. But I will search first. Do the discovery requests need to be filed with the clerks office, or just mailed like they sent me? This is the answer to their request for documents. Does it look correct? 1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff. Defendant’s response: Not in possession of suggested documents. 2. Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action. Defendant’s response: Defendant has not signed any documents pertaining to Plaintiff. 3. Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties. Defendant’s response: Suggested documents do not exist. 4. Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf. Defendant’s response: Defendant not in possession of suggested documents. 5. Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant’s response: Defendant does not have any agreements with Plaintiff. 6. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny. Defendant’s response: Defendant not in possession of suggested documents. 7. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer. Defendant’s response: Defendant not in possession of suggested documents. 8. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiffs incorrect. Defendant’s response: Defendant not in possession of suggested documents. Thanks
  3. I understand that, and ill do my best. But I also know the attorneys would troll these forums also. 1. Who is the named plaintiff in the suit? crap1 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? aprox 5k 4. Who is the original creditor? (if not the Plaintiff) crap1 I assume 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on door) door 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Asking for statements, charges, purchases, applications, contracts 9. What state and county do you live in? Ga, Muscogee 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) not outside sol 11. What is the SOL on the debt? To find out: 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). served, no motions, dealing with admissions 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes 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. yes 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? 30 days for admissions response Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. nothing
  4. From what I can find on them they are a collection group. I truly do not have and have not applied or received an account with them. I dont care about a suit against them except if that is the only way to make them relize its not mine. Do I need to send them the same admissions and innterogatories request that I was sent? Or, since their lawyers, would they just wiggle around my requests?
  5. I see now that validation doesn't mean anything, but shouldn't they have to provide proof of account? Do I need to send them the same admissions and innterogatories request that I was sent? Or, since their lawyers, would they just wiggle around my requests?
  6. Prior to being served summons I sent both, , crap1 and the attorney, a letter demanding validation and proof. If they could not provide the info, to remove tnhe file. Only responses I received was a letter asking me to call them, even though I requested only contact usps (which they ignored). The letters where sent reg mail. Maybe I should have sent signature required. The claim is that I have had an account with them for a few years a stopped paying. The stated balance is aprox 5k. I requested proof of account or purchases and copies of statements. Which none have been received. When I did speak to them on phone, they had my name address, phone and ssn all correct. I suppose that is why the credit bureau refused to remove. The name of the firm is irrelevant, I reside in ga. I would guess that crap1 would be original creditor.
  7. Let me start by apologizing if I'm not following correct procedures. My ordeal with Crap1 started early this year when I started to receive statements with an existing balance and in my name and address. I have never had an account with crap1. I have never applied or accepted any accounts with them. The first statement I shredded. The next statement I called their customer service. Informed them of the issue. They couldn't understand how this happened but assured me that it would be taken care of. I didn't receive a statement for I guess 2 months. Then received another and was informed that I must pay the account. I told them they could stick it. Ran credit reports and the account was on there with an existing balance. Disputed the accounts and was told that they wont be removed. Next statement I also received a call from their collections telling me to pay. I tried to explain that I don't have an account. That the statements started showing up with an existing balance and not ever any charges. Only to receive threats. I hung up. Later received calls threatening garnishment, embarrassment and so on. I agreed to pay $100 under duress and fear of my job being compromised. Statements stopped and didn't get anymore calls. Then I received summons for court on the account. I answered summons and disputed the account. Now I have received interrogatories and need to respond. Just wanting to ask if my response would suffice. Not worried about admission answers, but more of other statements: 1. State with factual particularity the basis for your denial of each allegation in the Complaint that you deny. Defendant’s response: Defendant has never had a contractual agreement with Plaintiff. 2. Identify all documents that you assert constitute the contractual agreement(s) between the parties. Defendant’s response: Defendant has never had a contractual agreement with Plaintiff. 3. Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf. Defendant’s response: Defendant objects to the request as vague or ambiguous. 4. Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter. Defendant’s response: Defendant not in possession of suggested documents. 5. Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge. Defendant’s response: Defendant objects to the request as vague or ambiguous. 6. Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document. Defendant’s response: Defendant not in possession of suggested documents. 7. State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny. Defendant’s response: Defendant has never had a contractual agreement with Plaintiff. 8. State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute. Defendant’s response: Defendant objects to the request as vague or ambiguous. 9. State the amount you contend you owe Plaintiff and describe how you calculated that amount. Defendant’s response: Defendant does not owe any amount to Plaintiff because Defendant has never had a contractual agreement with Plaintiff. 10. Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant’s answer. Defendant’s response: Defendant objects to the request as vague or ambiguous. 11. State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff. Defendant’s response: Defendant does not have any agreements with Plaintiff. 1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff. Defendant’s response: Not in possession of suggested documents. 2. Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action. Defendant’s response: Defendant has not signed any documents pertaining to Plaintiff. 3. Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties. Defendant’s response: Suggested documents do not exist. 4. Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf. Defendant’s response: Defendant not in possession of suggested documents. 5. Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant’s response: Defendant does not have any agreements with Plaintiff. 6. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny. Defendant’s response: Defendant not in possession of suggested documents. 7. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer. Defendant’s response: Defendant not in possession of suggested documents. 8. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiffs incorrect. Defendant’s response: Defendant not in possession of suggested documents. Thanks for any help and apologize if excessive.