help with discovery

[sand]

We are whipped. We have been searching and searching for answers about our suit. We have been sued. We answered the complaint and gave affirmative defenses. (Thanks to you guys.) Now their attorney has sent us discovery, admissions and production. We need to know if we can send request for the same now before ours are due, or do we have to wait? Also do we have to motion the court to do so? We have studied state rules of court; and the local court rules. We have been to the court house and checked cases. We even went to the clerks office and they wouldn't even tell us what forms to file or procedure. Help.

[codename_fortyseven]

File your counterclaims as well.

How old is this debt?

What state are you in?

Do you have any violations on them?

Are they reporting this debt?

You don't have to answer their discovery first, but check your state's rules of civil procedure to be 100% sure on the timeframes.

Clerks are useless.

Is there a consumer atty in your state? Search naca.net

What did they ask in discovery?

You don't have to file any motions, bang out "discovery request" for what you want to ask and "discovery response" to theirs

Start reading up on the objections to discovery.

[sand]

We've searched for attorneys. No one will take it as the summary judgement is only for 2,500.

We don't have any record of this debt, so we don't know SOL. The account number on the summons is even blacked ou, so we have no way of knowing until they prove it in discovery. Summons was our first contact from them.

Yes, it is reported as new. There has been nothing on any prior reports.

The timeframe is what we have been searching for two weeks to find out.

They asked for name, address, place of employment, nature of employment and duration of employment, places we have done business within two years and addresses of each place, any business partnerships, and fully state factual basis for each defense and produce all things we intend to use for defense.

[Xanathos]

Discovery/Interrogs/admissions cross eachother. They send theirs, you send yours, everybody is supposed to get the respective answers back at the same time.

[DocDon]

Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

[Guest]

This is what we used to fight a scumbag attorney in Indiana.... they dismissed.

Hope this helps

IN THE COUNTY COURT OF YOUR COUNTY

STATE OF INDIANA

CAUSE NUMBER: 22E01-0410-CC-606

ASSET ACCEPTANCE PLAINTIFF

Vs. REQUEST FOR ADMISSIONS

YOUR NAME HERE DEFENDANT

*****************************************************************

Comes the Defendant, Pro-se, pursuant to TR 36 and requests the Plaintiff make the following admissions within 30 days after service of this pleading.

1. State which date (or dates) the contract sued upon was entered into

2. State in detail what goods or services were provided to the Defendant;

3. Provide a copy of the original contract that bears any signature by defendant making defendant legally liable for alleged debt.

4. Provide a complete and total accounting history of said alleged debt including all charges, debits, credits and offsets on the account.

5. Provide the name of the original creditor.

6. Provide any and all documentation relating to Plaintiff’s purchase of account from original Creditor.

7. Provide proof that Plaintiff is legally entitled to collect on alleged debt.

8. Provide copies of all documents evidencing the answers you gave to 1-7 above.

[Drewsm0m]

I am not a lawyer so I can't give legal advise, I can only pull from my experience a paralegal in a law firm. I am not versed in Indiana law, but, most states follow Federal Law to some extent. The best way to get the information you need is to first read every page that was served on you and make notes on referenced statutes, then go to a university with a law library or see if the courthouse has a public law library and go there. It will seem like another planet, but it looks worse than it is. Find the section (you will probably need to ask someone) on the Indiana statutes and research those you noted from what you were served as well as the terms Interrogatory, Request for Production and Request for Admissions. Respond to the Admissions as soon as possible while you work on your other responses. If you don't respond within the deadline, they may deem the lack of response as an admission to everything. Most attorneys assume lay people will not answer Admissions and will set out there whole case in them. In addition to the two Interrogatories and Request for Production provided by Sky Warner, I would send Admissions such as:

1. Defendant and Plaintiff have not entered into a contract.

2. Plaintiff does not have a copy of any contract showing Defendant owes the money sought in the complaint.

3. Plaintiff can not identify the specific charges represented by the balance sought in the complaint.

4. Plaintiff has no documentation which would prove Defendant received any of the services or items which are represented in the balance sought in this action.

Hope this helps

[sand]

Drewsmom,

Those are great suggestions. I have already sent them discovery but I did use those same thoughts in answering our admissions to them. I did use Sky' suggestions. She has been a great help to me. Is there any way to amend or add to the discovery I sent.

[Drewsm0m]

Discovery is generally continuing. Send second set and lable it as second admissions or whatever. Generally discovery has to be completed within six months of the answer being filed, but that does vary slightly state to state. You should be well within the time frame to do it. If you need any additional help, just let me know. I am a paralegal and I know what needs to be filed and when. I will be happy to help you in a lay person capacity.

[admin]

This is what we used to fight a scumbag attorney in Indiana.... they dismissed.

Hope this helps

IN THE COUNTY COURT OF YOUR COUNTY

STATE OF INDIANA

CAUSE NUMBER: 22E01-0410-CC-606

ASSET ACCEPTANCE PLAINTIFF

Vs. REQUEST FOR ADMISSIONS

YOUR NAME HERE DEFENDANT

*****************************************************************

Comes the Defendant, Pro-se, pursuant to TR 36 and requests the Plaintiff make the following admissions within 30 days after service of this pleading.

1. State which date (or dates) the contract sued upon was entered into

2. State in detail what goods or services were provided to the Defendant;

3. Provide a copy of the original contract that bears any signature by defendant making defendant legally liable for alleged debt.

4. Provide a complete and total accounting history of said alleged debt including all charges, debits, credits and offsets on the account.

5. Provide the name of the original creditor.

6. Provide any and all documentation relating to Plaintiff’s purchase of account from original Creditor.

7. Provide proof that Plaintiff is legally entitled to collect on alleged debt.

8. Provide copies of all documents evidencing the answers you gave to 1-7 above.

Great doc!

[blacksurfer]

I'm sending Discoveries in my case also. I send the Interrogatories first, came home and rec'd Interrogs, Req. for Docs, and Admissions from them.