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Anyone have a Discovery letter sample

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The content of the Request depends a lot upon the circumstances of your case. You're going to need to provide a bit more info before we can be of much help.

I am being sued for the second time over a CC account that I believe is not valid. The first time we never actually went to court. We showed up and I proved to the attorney that the account was not valid. I got a judgement without prejudice for failure to prosecute. That was in 2004. I received a summons again about a month ago to go back to court over this same account. This new lawfirm seems to be a bit more agressive. I have answered their summons with affirmative defenses and they have sent me an unbelievably long motion for discovery.

The account in question was charged off 5/2001. The state I live in has a SOL of 6 years. The lawfirm is stating that they tried to contact me in 11/2007 so they are not out of the SOL even though they filed with the court to sue me two months ago. They have sent me an exhibit A that is a statement from May of 2001 with no activity on it. No purchases, no finance charges, just a total due now, the account # and my name. They have never produced anything else to prove the account is mine and I don't think they have any other evidence.

This account has never shown up anywhere on my credit reports, going all the way back to 2003. When I went to court in 2004 I filed an affidavit of fraud. My questions are:

1. Do I have to answer this crazy motion for discovery? They want documents but I don't want to send them because they seem to be real shady and they have identity information on them.

2. I have prepared a validation of debt letter, should I send it and what should it ask?

3. Should I file a dismissal on the grounds of previous judgement and SOL?

This has been unbelievable and I am so tired of dealing with it. I truly believe that this lawfirm is just hoping that I will not follow through all the way to court so they can get a judgement against me but I will not let that happen. It's sad that this can still go on and that they try to screw people like this. Sorry for the long post. If anyone has any advice for me it would be much appreciated. Thank you.

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