Jump to content

Request for discovery and interrogatories NEED HELP!


Recommended Posts

I am neck deep in a suit with a JDB. To VERY shortly summarize it is questionable whether I owe them anything. I definately have them on violations of the FDCPA and FCRA, however, it is for a large debt that if I cannot show that I am not required to pay it will force me into BK. Further I have spent a lot of money on an attorney and we are only at the stage of discovery requests. I don't know if these guys will settle or not, but I am thinking of trying because I cannot afford to keep paying my attorney to fight them. I'm worn out :cry:

Any how the reason for this post is that I got copies of their discovery requests and a couple of the requests really bother me. To keep it short there are 4 interrogatories that ask me to list my job and all aspects of it including very dtailed information of my income, and to list extremely detailed information about every asset I have. I take real issue with this. It has not been proven that I owe them anything yet they want me to provide them with every intimate detail about my finances. This is basically a debtors exam for a debt they have not proven.

The other one that bothers me reads like this "Please list all other disputes you have had with other entities within the last five years". My first response is that it is irrelivent and vague. Do they mean every arguement I have had with my wife in the last five years? What bearing does that have on this case? That is my forst response. I wonder though if they are fishing for a way to paint me as a deadbeat that disputes all of his debts in an effort to avoid them?

Can anyone help me with what to do next? How do I LEGALLY not answer these particular questions? I have an attorney, but if I don't give him case law etc to support my arguments then he does little to fight the other side. I am not happy with my attorney, but I cannot afford another one. Heck I'm not 100% sure how I am going to pay my latest bill.

Link to comment
Share on other sites

First thing is to take a deep breath and relax.

This is the point they want to get you to, the breaking point.

You can file objections to their questions (meaning you do not have to answer them) and deposition them on your own, or your lawyer can for you. I would ask your lawyer depose them for the amount they paid for your debt and all accounting of your account. Such as asking them to prove they actually funded the cc transactions in the first place and a full copy of the contract you signed, not just the page with the signature.

They need to work hard to get the money from you.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.