Nikro Posted March 12, 2007 Report Share Posted March 12, 2007 DH was sent a summons by Associated Receivables last year (May). One day before the hearing they dismiss without prejudice.A few months later he was served by an attorney (September) for the same alleged debt and we DV'd him. Then we received interrogatories. He answered them and have heard nothing since. This summons said nothing about Associated Reveivables, just the attorney and some made up Plaintiff name, but it did reference Bank First. Now what? Send another DV? Associated receivables did pull their account off his CR, but the Original one is still there, which he has disputed with the CRA it is listed with. Thanks all. Happy day! Link to comment Share on other sites More sharing options...
June Posted March 12, 2007 Report Share Posted March 12, 2007 Then we received interrogatories. He answered them and have heard nothing since.Not sure of your next move. The Experts should weigh in on this.But... Did you serve your own Interrogatories?You must have a multitude of questions (the legal limit, of course) for them to answer. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 12, 2007 Report Share Posted March 12, 2007 Ummm... did you answer the suit besides the DV? Link to comment Share on other sites More sharing options...
Nikro Posted March 12, 2007 Author Report Share Posted March 12, 2007 Ummm... did you answer the suit besides the DV?Yes. Sorry I wasn't fully explanatory...1) 2nd Summons received 2) Answered the suit w/ the same answers as the 1st summons3) DV'd the Attorney/Crazy-named "collection agency" 4) Received the Interrogatories5) Replied to the Interrogatories Link to comment Share on other sites More sharing options...
Nikro Posted March 12, 2007 Author Report Share Posted March 12, 2007 Not sure of your next move. The Experts should weigh in on this.But... Did you serve your own Interrogatories?You must have a multitude of questions (the legal limit, of course) for them to answer.No. We did not send our own Interrogatories. I have them all ready to go b/c DH wanted to hold off on it. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 12, 2007 Report Share Posted March 12, 2007 My guess is the you'll see a Motion for summary judgement next Link to comment Share on other sites More sharing options...
June Posted March 12, 2007 Report Share Posted March 12, 2007 No. We did not send our own Interrogatories. I have them all ready to go b/c DH wanted to hold off on it.Don't want to sound rude, but... Why? Why wait?It seems to me they wasted no time with their Interrogatories to you.Interrogatories takes time to Serve and then wait for their responses.Maybe you should hold off no longer.Just a thought! May be the Experts will weigh in. Link to comment Share on other sites More sharing options...
Nikro Posted March 12, 2007 Author Report Share Posted March 12, 2007 Summary Judgement? A pain in the butt, but still able to deal with. This is so old it's about to hit the CR drop off--in fact, EX states it is scheduled to go in June. Link to comment Share on other sites More sharing options...
Nikro Posted March 12, 2007 Author Report Share Posted March 12, 2007 Don't want to sound rude, but... Why? Why wait?It seems to me they wasted no time with their Interrogatories to you.Interrogatories takes time to Serve and then wait for their responses.Maybe you should hold off no longer.Just a thought! May be the Experts will weigh in.LOL! You re not being rude at all. I completely agree, however this is DH's issue and he wanted to hold off. I am going to chat with him about this tonight. I didn't realized Interrogatories needed to be served. We received his in a #10 envelope with a hand written address via USPS. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 12, 2007 Report Share Posted March 12, 2007 What were your affirmative defenses? Link to comment Share on other sites More sharing options...
June Posted March 12, 2007 Report Share Posted March 12, 2007 LOL! You re not being rude at all. I completely agree, however this is DH's issue and he wanted to hold off. I am going to chat with him about this tonight.Great idea.I didn't realized Interrogatories needed to be served. We received his in a #10 envelope with a hand written address via USPS.After initial service of a Complaint, being Served means sending CMRRR to the other party and filing a copy in court, if necessary. The attorneys ALWAYS send (or serve) everything via USPS regular first class, as do CRAs, OCs and CAs.They enjoy that luxury. As pro se litigants and consumers, we do not. We must send everything CMRRR or we cannot prove they received it.Experts please !!! Link to comment Share on other sites More sharing options...
Nikro Posted March 12, 2007 Author Report Share Posted March 12, 2007 What were your affirmative defenses?1) Defendant is not indebted to Plaintiff in any amount2) SOL defense citing OCGA Link to comment Share on other sites More sharing options...
IHateCAs Posted March 12, 2007 Report Share Posted March 12, 2007 1) Defendant is not indebted to Plaintiff in any amount2) SOL defense citing OCGANo assignment defenses? tsk tsk Link to comment Share on other sites More sharing options...
Nikro Posted March 12, 2007 Author Report Share Posted March 12, 2007 No assignment defense......I must plead ignorance. Now I know better. Link to comment Share on other sites More sharing options...
June Posted March 12, 2007 Report Share Posted March 12, 2007 No assignment defense......I must plead ignorance. Now I know better.Don't feel bad. A lot of us here must plea ignorance. Now we know too !Affirmative Defenses must include:1) Defendant is not indebted to Plaintiff in any amount2) SOL defense (with citation)3) No Assignment defense (lol, unsure of the legal terms)IHATECAs is wonderful.Thank you. Link to comment Share on other sites More sharing options...
divemedic Posted March 19, 2007 Report Share Posted March 19, 2007 After initial service of a Complaint, being Served means sending CMRRR to the other party and filing a copy in court, if necessary. The attorneys ALWAYS send (or serve) everything via USPS regular first class, as do CRAs, OCs and CAs.They enjoy that luxury. As pro se litigants and consumers, we do not. We must send everything CMRRR or we cannot prove they received it.Experts please !!!Not true. In Fed court, and in most state courts, service is complete on mailing. That is why you put "I swear that a true copy of this document was served by mail on XXXXX this date." on every document post complaint. Link to comment Share on other sites More sharing options...
June Posted March 20, 2007 Report Share Posted March 20, 2007 Not true. In Fed court, and in most state courts, service is complete on mailing. That is why you put "I swear that a true copy of this document was served by mail on XXXXX this date." on every document post complaint.I know exactly what you're saying. Yes, I put the "Certificate of Service." That alone may work for you and you may feel comfortable with that. When I was pro se in any court, federal or state, I made sure that I mailed each and every paper by CMRRR. Should the defendant say, they did not receive my motion or paper, the burden of proof would be on me. So for my own protection, yes, I sent everything CMRRR or Priority Mail with Delivery Confirmation. Link to comment Share on other sites More sharing options...
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