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Showing results for tags 'discovery process'.
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I am being sued by LVNV Funding LLC and responded to the Complaint and that is all Squared away. I now have the Discovery Requests that I have to send directly to their attorney. They have included pages to be notarized and I was just wondering if I have to notarize my answers in the State of Ohio before returning responses to the Opposing Attorney. Thanks in advance for your help.
Sued by: Midland Funding via Target Amount: $5617.36 (charged off with Target at $3500.00) Current state: Arizona I was summoned yesterday and was told that my husband would have to appear in court also (unless he's active duty military). He used to be military and now works as a contractor overseas and I only see him 4 times a year for 1 month at a time. What's going to happen? He's NOT able to come home unless it's within his approved days. This debt was charged off before we married. Does that make a difference? Update: Searching through, I've figured out this answer. It doesn't matter when the debt happened, the state is going after both of us. Also, I'm looking into the Discovery Process. From what I understand, it's asking them to produce documentation that they own the debt. I've heard they rarely have all the needed paperwork and the case gets dropped. Do I ask for this in my answer letter or is that separate? In the event of the case getting dropped... does that mean that the lawsuit is over and I no longer have to pay or just that the lawsuit is dropped? With my husband working overseas, paying this off was our goal come December. I'm not looking to get out of the defaulted loan - just the lawsuit. Thanks in advance!
1. Who is the named plaintiff in the suit? Cach, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Neuheisel Law Firm 3. How much are you being sued for? 9k 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) At front door 7. Was the service legal as required by your state? I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letter requesting dv 9. What state and county do you live in? AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011 - still within sol 11. What is the SOL on the debt? 2014 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). did summons, did answer, now in discovery: was sent req for non uniform interrogatories and also Req production of docs and also Req for admission of facts and non uniform interrogatories. All in same packet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, not yet....too late? 14. Did you request debt validation before the suit was filed? no 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? august 12 and yes 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. Bill of sale, statements with my name and address, something that looks like part of my credit report, terms and conditions 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I have read through like threads for months and have learned and understood much of how to respond to most of this req for info however, I need assistance responding to some specific items. I did post a question a couple of days ago but it was under a similar thread and no one answered it so I thought I better just open my own thread at this point. Here are some questions I am having difficulty with: REQUEST FOR ADMISSION OF FACTS AND NON UNIFORM INTERROGATORIES 10. Admit that Plaintiff is the successor in interest to wells fargo bank with regard to the credit card acct #XXX. See Bill of Sale attached hereto as Exhibit C and incorporated herein by reference 11. Admit that plaintiff as successor in interest to wells fardo bank is owed at least 9k pursuant to the bill of sale, which is attached hereto as Exhibit C and incorporated herein by reference. and then the following questions on same Request: 15. admit the original creditors credit card acct appear on Transunion credit bureau. See copy of your credit bureau attached hereto as Exhibit D 16. Admit that you never disputed this acct with any of the three major credit reporting agencies. 17. admit that you have provided Plaintiff with no doc supporting any affirmative defense against the Plaintiff complaint in this action. OK, so 10 and 11 refer to the bill of sale that looks like it was copied a hundred times with no ref to acct in question except as an Exhibit A. I already plan to file a motion to strike this from being admitted as evidence from what I have read about it's being heresay. But I am not sure how to word it properly, all I have written is that I have filed motion to strike this. Is this all I need to say? do I file this same day I take my responses to court clerk to file that? As for the other questions, no I didnt check or dispute my credit report for this because I didnt know it was there and as a knucklehead dont check my credit report as often as I should, apparently. so can anyone help me with how I should respond to these questions? I've been working on this thing for weeks and now I'm getting incoherent and will probably pass out very soon from lack of fresh air. Some one please help? (ps if anyone needs to see any of the docs I can attach just let me know what you need to see) .