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Original 2Collectors Same Debt - DISCOVERY BAD IDEA!! HELP!!


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Hi Everyone,

I have court tomorrow, any advice or words of wisdom would be great. First, let me say that the statement made by gdouglaslee, regarding the importance of being knowledgeable about the law and procedures before requesting discovery -- otherwise you will look like a dumb*ss is right on. I read the Tennessee Rules of Civil Procedure and still ended up messing up. Please read on and if anyone has anything let me know.

My original problem some of you may recall was 2 different collectors trying to collect same debt. Well, I went to court on the first case and it was continued as the attorney needed more time to prepare. During that visit I advised the judge about the other collector suing me for the same debt. The judge agreed that 2 people obviously can't collect the same debt. Since the judge was going to grant the attorney his contiunance he wanted me to wait and see if this other collector acutally showed up for court. Needless to say 2 days before I was supposed to go to court with the other people, they sent a letter to me that they had decided to drop the case. So, these guys are out of the loop for now, but the other guys are not giving up and I am due to be back in court tomorrow.

In the meantime everyone has said I need to do discovery - I did.

The problem is -- according to the letter I received back from the attorney that is representing the collector, I can't ask for discovery as Tennessee Rules of Civil Procedure do not apply in General Sessions court. Setting aside the fact that I feel like a complete a$$ (and I am sure will look like one in court tomorrow) is this something that I can get in trouble for?? Obviously, not being an attorney I had no idea that TRCP does not apply to General Sessions. As a matter of fact it wasn't until after receiving the letter and a ton of searching the internet did a find a blurb about there being separate rules. Also, do you know if my request for discovery should have also been sent to the clerk or court? Because I didn't. If I had tried I suppose I would have found out then that discovery isn't allowed and would have saved myself the humiliation. Should I expect to get my butt chewed out for doing this discovery -- or am I in some sort of violation that is going to get me into trouble??

I fully expect this attorney to be there tomorrow -- the judge told me the first time that we were in court that the attorney would have to provide my signed credit card agreement to prove his case. What if they actually do have it there -- the SOL would not be up (I am almost 100% positive about this) -- is it just over from there "does that absolutely prove it?" This judge made it sound like that would be proof to him. Or, is any of this going to matter and me automatically lose because I requested discovery without any business doing so.

I do not have the words to stress how much I can't wait for this to be over, the stress is just about to do me in and I have no idea what I am doing! :oops: I am almost to the point to where whatever happens is fine as long as it is just over. Any words of advice would mean a great deal.

Thanks so much!

LouLou

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