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I need some help on next steps in Discovery phase of lawsuit. Here's a snapshot of where things are at: April 2014: Via Pocket Docket in Minnesota, was served by Gurstel Chargo, representing Autovest as JDB for Wells Fargo Financial on Consumer Debt. With interest it's around 25k. I responded within the 20 days required, basically said insufficient information to be able to admit or deny claims. Asked for plaintiff to prove claim. Requested lawsuit be dismissed, etc. May 2014: Gurstel sends robo letter to discuss discovery plan, gives settlement offer. Discovery plan states they will provide Required Disclosures on or before June 27, 2014 and proposes I do the same as soon as possible. I respond via certified mail by June 27 that basically I no longer have any documents. With regards to the Discovery Plan, I sent a revised plan that read: (1) Plaintiff and defendant (via attachment) will provide its 26.01(a) Required Disclosures on or before June 27, 2014. Plaintiff proposes Defendant provide his/her 26.01(a) Required Disclosures as soon as possible. Plaintiff and Defendant will respond to the discovery requests by July 27, 2014. So now it is July 9 and I haven't received anything from Gurstel. No discovery documents. Nothing. The SOL should be running out within a few months however I haven't been able to get the exact date verified from Wells Fargo. Here's my question: They never sent any type of Discovery so can't I get this officially dismissed? If so, how? What are my next steps? Help!
Can anyone help me with objecting to plaintiff's initial disclosures? Specifically, the form of the document, basically is it just a doc titled response to plaintiffs initial disclosures, followed by my, objection(s) to their request. Also, they attached billing statements and a B.O.S. Should I be objecting to these as well basically challenging their admissibility as evidence? How would I phrase the objection?
Hello all, I am trying to soak up all the info I can, but I am getting information overload, thought maybe you all could point me in the right direction. First: 1. Who is the named plaintiff in the suit? Midland 2. What is the name of the law firm handling the suit?. 3. How much are you being sued for? 6k 4. Who is the original creditor? Chase 5. How do you know you are being sued? served 6. How were you served? , In person 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? none 9. What state and county do you live in? mn 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2010 11. What is the SOL on the debt? 6 year 12. What is the status of your case? currently pocket service, sent my answer registered mail. now received request to confer on discovery and initial disclosures 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)no 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 5 days Here is the letter I received: This letter is written in compliance with the MN Rules of Civil Procedure, Rule 26.06 and the Man Rules of General Practice for the District Courts, Rule 115.10. As such this letter is written in an effort to confer on a discovery plan and also to discuss settlement..... 1) Contact our firm within the next 14 days to works out a discovery plan. An attorney can be reached by calling 763-xxx-xxxx. 2). Send us a letter within the next 14 days listing your contact information. An attorney will then attempt to reach you to discuss a discovery plan. 3). If you do not wish to collaborate on a discovery plan, attached is a proposed plan we have formulated after reviewing the file. If acceptable please sign and return to our office. If we do not hear from you within 14 days we will assume the attached plan is acceptable and will present it to he Court when, and if, the case is filed. Settlement offer of The document for my signature lists pursuant to Rule 26.06 ©..... 1) Plaintiff provided its 26.01 (a) Required Disclosures (with this packet). Plaintiff proposes Defendant provide her 26.01 (a) Required Disclosures as soon as possible. 2). Discovery will be need on any denial, dispute, or defense claimed or asserted by Defendant. Discovery should not be conducted in phases, but should be limited to the issues raised in Plaintiff's Complaint and Defendants Answer. 3). Any of Plaintiffs electronically stored information can be reproduced in hardcopy format. 4) Parties may claim privilege of or protection of trail preparation materials at the time of production. If a party disagrees with a designation, the disagreeing party must object to the designation within 14 days of receiving the document. If the parties are unable to resolve a designation dispute, the parties may petition the court for a determination. Also included is their Required Initial Disclosures rule 26.01a, which aren't much. They did include billing statements from zero to default I found this http://www.creditinf...n/#entry1267697 which is nearly matching my documents thus far.. I was served and I have 60 days from the due date of my answer to providemy initial disclosures, how should I proceed?