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Interrogatories,Admissions,Production of Documents


parker
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To make a long story short, I am being sued by Mann Bracken on behalf of Target. I was served and I filled my answer and objected to the Affidavit of Account as proof. MB responded with a balance from Target. I again, objected. Weeks went by and then I received the following:

Plaintiff's First Set of Interrogatories To Defendant

Plaintiff's First Set of Request For Admissions

Plaintiff's First Set of Request For Production of Documents To Defendant

These documents were not stamped by the clerk of court, does this matter?

Also, MB included a notice saying I could discuss some sort of settlement to this action. Then a seperately mailed notice saying Target wishes to settle to avoid moving forward with the lawsuit.

What should I do?

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Discovery is shared by the parties, so it doesn't have to be filed with the Court.

Focus on the Admissions first, since they sometimes have a shorter response time and can be devestating. THey will ask you to essentially admit to teh debt. If you denied the allegations of the complaint, answer to the effect of " As alleged in the answer, defendant DENIES blah blah" Admission cannot be properly sought for ultimate issues of fact, or those facts pt in controversy by teh pleadings.

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I am being sued bu Cambece law office on behalf of CACV of Colorado for a Providian account with a $500 credit limit that I paid $1400 on over three and a half years. This card was opened in 2/2001 and was over the credit limit by 5/2001, I answered the summons after speaking to a lawyer of the day (who by the way told me not to give the bums a penny) denying all but who I am. Now I get the interrogatories lettter and they are asking me for everything I have for my defense (canceled checks, statements, signed CC agreement ect) My question is- how much do I actually have to send to Cambece? Seems like I'd be the one making his case for him- and by the way I requested any and all information on this account from him but recieved zip. Please help!

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Now I get the interrogatories lettter and they are asking me for everything I have for my defense (canceled checks, statements, signed CC agreement ect) My question is- how much do I actually have to send to Cambece? Seems like I'd be the one making his case for him

This is my point exactly, why would I have to produce these docs to show what I might owe, when they haven't proven I owe anything. I have 20 days to answer the interrogatories, admissions, and discovery. I doubt that I can settle because I have no income at all and nothing to sell.

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This is my point exactly, why would I have to produce these docs to show what I might owe, when they haven't proven I owe anything. I have 20 days to answer the interrogatories, admissions, and discovery. I doubt that I can settle because I have no income at all and nothing to sell.

I'm still learning this process myself, but I only think you have to give them what you plan to use for your defense. Yeah I had the same delimma about doing their work for them. I simply put as an answer for production, [font=Times New Roman][i]No determination has been made regarding trial exhibits. When that determination is made, this answer will be supplemented. [/i][/font]

[font=Times New Roman][/font]

[size=2]I'm not sure if thats the way to go, but they didn't seem to question it. Do your research on this site and through your states "Rules". Definately read your court rules and follow them to the letter. You don't want your case tossed out by a technicality.[/size]

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To make a long story short, I am being sued by Mann Bracken on behalf of Target.

You haven't included a whole lot of info about your situation, so I don't know if any of this info is helpful or not.

Your SOL in South Carolina for this type of action is three years. Se Title 15, Chapter 3, Section 15-3-530

If you are being sued in Magistrates Court, discovery, referred to in this instance as "exchange of information", is totally voluntary upon the parties and cannot be compelled. See Rule 13 of Magistrates Court Rules

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1. Who is suing you?

Mann Bracken for Target National Bank

2. For how much?

2157.00 + 165.00 court cost

3. Who is the original creditor?

Target

4. How do you know you are being sued?

I was served and I confirmed with clerk of court

5. How were you served? Were you served?

By deputy sheriff at my home

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

DV by CMRRR within 30 days no response next thing I knew was when I was served

7. Where do you live?

South Carolina

8. When is the last time you paid on this account?

Jan. 2006

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

After I answered the complaint, MB keeps calling my home and sending notices to settle

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

Yes

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

When I was served they did not send any interrogatories but last week they sent the interrogatories, admissions, and discovery

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Affadavit of account, I objected in my answer and they responded with a balance from Target

14. What is the SOL on the debt?

3 years

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