Another Question, Please.

[krelza]

Is validation and discovery the same thing?

Thanks

[Guest]

Sorta... validation is what you request from a CA

Discovery is requesting that same information within a court case.

Sorta the same thing.. but then again discovery you can ask for a lot more and they HAVE to give it to you.. unless the judge rules otherwise.

[krelza]

Thanks for answering. Here is the scenario...Being sued by Atlantic Credit & Finance for a Discover account they purchased. Their attorney is located here in Alabama. When I received the summons I filed an answer with the court and sent copy to the attorney. 1st I am using SOL as defense, then I asked for the signed contract, all debits/credits and charge slips for the account. I sent it CRRR also. Is this enough, and this is where I get confused...do I now ask for Discovery?

Thanks for your continued answers.

[Recovering Attorney]

you have asked for discovery. Normally, they have 35 days to answer you. If they don't, or if they don't give you everything you asked for, send them a letter demanding compliance in 10 days. If they still don't satisfy you, ask the court for a motion to compel/motion to preclude. Also ask them for the name of the person or people with the most familiarity with your file and say you want to depose them. Send them another discovery demand asking for any statements ( oral or written) , writings, documents, etc they intend to offer into evidence in a trial. Ask them the names, title and work adresses of every witness they intend to call.

You might want to amend your answer to include a lack of personal jurisdiction ( unless they handed you the summons).

By doing this you slow things down, make the lawyer work, and collection lawyers HATE to work.

[krelza]

Thank you so much for such wonderful advice. I will follow it. Should I need any additional help I will surely post here.....Thanks again!!