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DV by CA/Lawyer...does anyone know the next step?


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Recently I was served via mail the following court docs: proof of service, Supplemental Interrogatories & request for admission. The CA/Lawyer has also mailed, separately, copies of statements for the account, as requested in letter back in July and also in a court response.

What happens next & since originally CA/Lawyer did not response w/in 30 days back in July would it be able to apply for a dismissal due to non-response w/in a given period?

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What happens next

You need to respond to the Supplemental Interrogatories & request for admission. If you do not respond, the plaintiff will file a motion for summary judgment. You should go down to the courthouse and ask for a copy of the local rules of civil procedure. The RCP may be available on-line. You need to educate yourself quickly how to do the courthouse two-step.

since originally CA/Lawyer did not response w/in 30 days back in July would it be able to apply for a dismissal due to non-response w/in a given period?

No. At this point you have been sued and you need to resolve your issues in court. The judge is not going to be interested in a validation question.

If you think the plaintiff has violated FDCPA, you may be able to file a cross-claim for file a separate suit for damages -- but this primary action will proceed.

If this is a case of identity theft, you need to respond quickly to the lawsuit with a general denial -- if you have not, you should file a police report. I would attach the police report with the denial when you file it at the courthouse.

You need be thinking about your defenses. You did not provide enough information for me to speculate further.

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Thank you, Debt Guy!

I did respond via court response to the original judgment summons sent by CA/Lawyer. In my court response I stated that they did not validate the information as I requested in a certified letter in July.

Last week I received a package from CA/Lawyer containing the OC statements for account. Yesterday I received mailed court docs as I stated earlier. I have 30 days to respond. Thus should I respond to this court interrogatories and what is the basis typically for this type of response, especially being that it will be the 2nd response from me in this matter?

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