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atty sent discovery

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I recieved summons and answered being sued for debt at least 10 yrs old attached was a generic agrrement dated much later than they put as thier dated of default.

The agreement stated laws of a differnt state so i went with sol in that state and a lot of other defenses.

The req for documents states they want last 5 yrs well i don't have anything at least 10 yrs old and they said mastercard I never had a mastercard only visa's.

My question is if I find anything I have from 6 yrs on could I use that in court since they didn't ask for anything past 5 yrs? I also sent discovery out.

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I hope you listed SOL as a defense.

They apparently already have admitted that it is past SOL in giving the date of default as they know it.

I don't think they have anything to go on really. They want you to produce documents in the hopes that they can glean something to bolster their case. My bet is they are hoping you negotiated something on this debt more recently to reset the SOL and they are fishing for it.

It is well established fact that most, (dare I say something like 199 out of 200?) JDB's have little to no documentation to show as proof in a court.

I don't know what use 6+ year old documents would do you except to re-enforce SOL and show they can't even get the card type right.

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If a jdb asks you for discovery, you give them the legalese "F.U."!

Something along the lines of:

"defendant is unaware any such documents exist therefore defendant cannot produce said documents"

They love those responses :)

If you're out of the SOL & they have no contract or admission from you, they have no case.

Perhaps look into a motion to strike their "exhibits" as hearsay as well (they 99% of the time are). You should be sending your own discovery requests as well. Go and brow beat 'em. with your responses to their discovery requests then look for a plaintiff initiated dismissal in the near future. Say nothing to those dirtbags at court & I suggest you send a cease & desist order to their office so they legally can't speak to you through any means other through written correspondence. (that even goes for your court dates...they'll have to ask you to sign a waiver so they can try & hustle you...REFUSE!).

Your remedies are in filing paperwork, not speaking to the enemy.

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I suggest you send a cease & desist order to their office so they legally can't speak to you through any means other through written correspondence

I disagree. I would call the attorney everyday. The more you call the higher the legal cost. The higher the cost to prosecute the more likely they will dismiss.

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I disagree. I would call the attorney everyday. The more you call the higher the legal cost. The higher the cost to prosecute the more likely they will dismiss.

I never thought of it that way. I like the way you think :)

The only reason I suggested the cease & desist is because their sole purpose at these civil court dates for the jdb is to try & intimidate a defendant into a consensual default. (or just hope the defendant doesn't show up for a default) I watched hordes of defendants take their walking papers due to the intimidation.

I know how the pressure can really build once you're in court when so much is potentially at stake & the last thing most people need is to be intimidated by a lowlife paralegal or attorney to heighten that tension. In high stress situations, people generally make bad decisions so for the anxiety ridden defendant such as myself, a cease & desist comes in handy as the paperwork can be tough enough to manage without an attorney trying to get you in a tizz :)

By the way, I said paralegal b/c, 3 of them were hustling defendants at the table in the front of the court for the same plaintiff under the supervision of 1 attorney who kept busy coordinating the hustling efforts as she shuffled through a few defendants herself...very efficient system for the lowlifes.

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