creditmess Posted March 22, 2007 Report Share Posted March 22, 2007 I am being sued by Asset. Long story short, we did all the begining stages (answers, yada yada)So I send them my Request for Production of Documents once. They didn't respond, so I send it again with a reminder. Finally I received them.Basically I asked them to provide me with signed contract for the alleged debt that they are suing me for, the contract and the amount of money that they purchased this debt for from the OC. Mind you, this is almost 10 years old debt.Well today I got it. I open it and there really is nothing in there but some computer screen shots from some collection software, showing what the balance is. They also send me some copy of terms and conditions what looked like it was from the collection agency that they purchased this debt. There was no contract signed by me, no noting.. just bunch of computer screen shots.What now? Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 22, 2007 Report Share Posted March 22, 2007 Compel the plaintiff to produce something with your signature on it. If they cannot in 15 days, then file a motion to dismiss-- lack of evidence. Link to comment Share on other sites More sharing options...
creditmess Posted March 22, 2007 Author Report Share Posted March 22, 2007 Thanks for your reply. Is there a form that I could use as a template?Would it be Compel for Production of Documents? Link to comment Share on other sites More sharing options...
nascar Posted March 22, 2007 Report Share Posted March 22, 2007 Thanks for your reply. Is there a form that I could use as a template?Would it be Compel for Production of Documents?Wait a minute... You have already asked for production of docs. They sent you what they sent you. That's good! Be careful what you ask for ... you might get it. It they didn't give you a signed document you requested through discovery, they can't introduce it as evidence at trial. Do you see where I'm going with this? Link to comment Share on other sites More sharing options...
creditmess Posted March 22, 2007 Author Report Share Posted March 22, 2007 that is what I was thinking too..I mean.. all they gave me was bunch of screen shots from some collection agency software. It really doesn't say anything.. it has my name, address, ss# and balance.You think it's a good chance that this will hold up against them??? Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 23, 2007 Report Share Posted March 23, 2007 Nascar is right--I think you have a fairly good shot at this point. If they can't produce a signed copy of anything during discovery you may have won. If you want to get real aggressive with them, countersue. Link to comment Share on other sites More sharing options...
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