moppet2003 Posted May 2, 2005 Report Share Posted May 2, 2005 Got a package from the suing lawyer for me to fill out answers for "request for admissions" and "interrogatories". I need to know what to do next. There's no date as to when this needs to be filed with the lawyer or court or where to send it and by the way the case still hasn't been filed with a court. On the summons I received it said the plaintiff was assigned and they made reference to the OC. It also said the matter was subject to the Alternative Dispute process and how am I supposed to know when that happens. Any help would be appreciated. Thanks. Link to comment Share on other sites More sharing options...
Cartier50 Posted May 7, 2005 Report Share Posted May 7, 2005 It also said the matter was subject to the Alternative Dispute process Does the most recent credit card terms, or your contract, refer to a dispute resolution alternative to being sued as they have done? Link to comment Share on other sites More sharing options...
c m chase Posted May 7, 2005 Report Share Posted May 7, 2005 What state you live in and what court this is in will determine how long you have to answer these requests. In Oklahoma, it's 30 days, and I think that's pretty standard. But...check your rules of civil procedure if you're not sure. IF YOU DON"T ANSWER THEM, THEY WILL WILL ON SUMMARY JUDGMENT. Answer them! There are examples of answers on here somewhere, I believe. Link to comment Share on other sites More sharing options...
codename_fortyseven Posted May 8, 2005 Report Share Posted May 8, 2005 Huh? They are asking for discovery before a case is filed??? I'd just hold on to it for now. Are you 100% sure that no case has been filed against you? Link to comment Share on other sites More sharing options...
RealtorKen Posted May 9, 2005 Report Share Posted May 9, 2005 Go to the courthouse, and see what has been already filed Link to comment Share on other sites More sharing options...
c m chase Posted May 9, 2005 Report Share Posted May 9, 2005 and by the way the case still hasn't been filed with a court. On the summons I received it said the plaintiff If you received a summons, a case has been filed with the court. I would imagine if you've received a summons and you're getting discovery, you ARE being sued. They just don't send out interrogatories when they're collecting.Take everyone's advice and check with the court. If anything else, you need to file an answer or entry of appearance to your summons or you'll get a default judgment. Link to comment Share on other sites More sharing options...
moppet2003 Posted May 10, 2005 Author Report Share Posted May 10, 2005 Sorry I didn't reply sooner. Out of the office on Friday and Monday and no internet at home for me. Well I did call the court today and spoke with an extremely helpful gentleman and he checked and there is no case filed against me yet. He also said that if I wanted to open up the case that I could go ahead and file the answers to the interrogatories but that I should wait until they file suit. I told him it sounded like they were playing me right now and he agreed. I also told him that I wanted to file an amended answers form (I want to included statute of frauds) and again he said to wait and that I would get something in the mail from the court with further instructions. I forgot to ask the nice gentleman though, on the summons and complaint I received that I was required to appear and answer blah, blah, blah to the state of Minnesota and it was Dated: March 16, 2005. Can this lawyer really send me this summons and complaint when a case hasn't even been filed? Oh one more thing, I'm getting these papers from a lawyer in ND and I obviously live in MN. How do I check to see if this lawyer is licensed and bonded in my state. Thanks Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 They served you summons and they didn't even file the suit with the court? How is that possible? Link to comment Share on other sites More sharing options...
moppet2003 Posted May 10, 2005 Author Report Share Posted May 10, 2005 I have no idea and they've completely put me in panick mode. On the interrogatories crap they sent it was dated April 28th, I got them on the 30th and I checked civil rules procedures for MN and it says the papers have to be notorized and the ones from the lawyer have"/s/"lawyer name" on them and not signed by the lawyer at all. I think she's a notary. Boy this can be really confusing. This Bill I talked to at the court house said to just go ahead and wait until I get something from the court saying a case was filed and then there'd be instructions and what to do next. Anyone have further input at to what might be going on? Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 They could be violating the FDCPA big-time by making you think a suit has been filed against you...I'd wait for an answer from the pros on this one, but something doesn't sound right... Link to comment Share on other sites More sharing options...
ghacorp Posted May 10, 2005 Report Share Posted May 10, 2005 You will need to research the rules of civil procedure in your particular jurisdiction. These vary by state. Usually interogatories follow the Answer to the complaint and must be served to the Plaintiff attorney within 30 days. Then often a second set of interrogatories, then pre-trail conference, then trial date. Again, rules of civil procedure vary by state, etc. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 The complaint wasn't even filed with the court.... they'd be answering paperwork that's sitting on some attorney's desk? Like he's playing 'courtroom' in his office? Link to comment Share on other sites More sharing options...
moppet2003 Posted May 10, 2005 Author Report Share Posted May 10, 2005 I'll call the court house again, but the clerk I talked to said I didn't need to file interrogatories answers yet unless I wanted to open a case because nothing has been filed with the court. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Was the summons even stamped with the court seal? Signed by the court clerk?This is what I'm getting at... the lawyer may have sent you a "fake" summons in violation of the FDCPA in order to get you to pay up.... Link to comment Share on other sites More sharing options...
Guest Posted May 10, 2005 Report Share Posted May 10, 2005 Make sure that you are checking the right court houseSometimes you can file in like a city or village court or in county court.Check all the courts in your area.go DOWN to the courthouse and take the paperwork with you and show it to the clerk,,. if there really is no case filed then ask to see the judge... Reason being.. they like to know when people pull crap like this Link to comment Share on other sites More sharing options...
moppet2003 Posted May 10, 2005 Author Report Share Posted May 10, 2005 No court seal and no signature from a court clerk. They have listed the correct county and district court to sue me in though. The interrogatories doesn't have a seal or signature either. I'll call the other courts in my county tomorrow and check on it. If nothing is filed on me, then how do I bring something up on this lawyer if they violated FDCPA laws? I had no idea they could send a fake summons. Anyone know yet how to check to see if this lawyer is licensed and bonded in my state? Sorry but I have to sign off for tonight. I'll be back in the morning - thanks so much for the help. Link to comment Share on other sites More sharing options...
DocDon Posted May 10, 2005 Report Share Posted May 10, 2005 Most states say law firms do not need to be licensed as collection agencies.I'm not 100% on this, so don't get too sidetracked. I'm simply saying something doesn't sound right. The lawyer is telling you you're being sued, wants you to admit to a bunch of stuff, and hasn't even filed the suit yet.... I'm no lawyer, so it may be a screwy but legit practice, but it makes little sense to 'serve' you without even filing the paperwork in court.... and the paperwork you did receive isn't even time stamped through the court.... Link to comment Share on other sites More sharing options...
hoapres Posted May 11, 2005 Report Share Posted May 11, 2005 You need to check your state's code of civil procedure and court rules regarding discovery. The law library should have references on discovery.Usually, the requests for admissions and interrogatories - (often there is a request for production of documents before admissions and interrogatories ) - comes after you file the answer. California will allow for a limited jurisdiction case amount being under $25,000 a case questionnaire to be filed with the summons and complaint. Link to comment Share on other sites More sharing options...
DocDon Posted May 11, 2005 Report Share Posted May 11, 2005 Nothing has been filed with the court. There is no lawsuit according to the court.The OP would be filing an answer to a case that doesn't even exist. Link to comment Share on other sites More sharing options...
copperarab Posted May 11, 2005 Report Share Posted May 11, 2005 Nothing has been filed with the court. There is no lawsuit according to the court.The OP would be filing an answer to a case that doesn't even exist.Being just a PEON still, and not having a whole lotta knowledge yet (i have tried sucking you all's brains out but doesnt work) it appears to me that this attorney is fishing for info before he files for a lawsuit. Kinda like..lets make THEM do all the work, and if we THINK we have a case, we will file.Am I wrong here? If I happen to be right, there just has to be violations on their procedure. I cannot imagine any state civil procedure saying to do all paperwork before filing....but I could easily be wrong? Link to comment Share on other sites More sharing options...
moppet2003 Posted May 12, 2005 Author Report Share Posted May 12, 2005 I've read over and over again my MN rules of procedure and talked to a court clerk and the clerk said it's very common to be sent a complaint and summons without a case being file and that admissions and interrogatories usually follow that. They said to answer them and that of course I can only send it to the lawyer even though there's no where on those papers that says where to send those answers. Our rules stated that motions and pleadings can come in any order and have to be reponded to in 30 days and since they were mailed to me I have an additional 3 days according to one of the rules. It also stated that they have to be signed and the lawyer only stamped them with her name, but that can be ammended once brought to her attention. It also states that I can't claim lack of knowledge in any of the answers - has to be admit, deny or deny part and explain why. So, I'm going to send an ammended 1st answer to the complaint to include statute of frauds so they have to show a written contract. They included with the admissions stuff 2 last statements from OC with last balance and the next statement with zero balance (probably charge-off). Any input as to how to write the ammended answer and should I send a DV since on the admissions it says I've never asked for one, which I haven't but could say it got lost in the mail. Link to comment Share on other sites More sharing options...
DocDon Posted May 12, 2005 Report Share Posted May 12, 2005 So you can be 'sued' using official court documents without having to go through the court.... The lawyer is suing you from his desk, and is asking you to solidify his case against you before taking it to the courtroom for a slam-dunk.... and this is acceptable....time to move to a new state. Link to comment Share on other sites More sharing options...
moppet2003 Posted May 12, 2005 Author Report Share Posted May 12, 2005 There's got to be something I'm missing here. I'm going to keep searching for a law that says exactly that, because really, why should I have to answer questions (they want me to admit to obtaining the cc and making payments on it when in the complaint and summons clearly states the CA says I didn't make any payments - they've lied right there) when there''s NO Lawsuit against me right now. I've got to find a lawyer I can ask that question of. Link to comment Share on other sites More sharing options...
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