Subpoena issued by Debt collector

[Fats]

Court date was set for May 7th. The DC asked for continuation, no response from judge yet. DC sent admissions and interog. request(time limit puts after trial date). My question is that the DC sent me a subpoena to submit to producing documents. This is a county court in Ohio. Thanks in advance.

[Chapel Hill]

You need to check the rules of civil procedure and indeed the local rules of the court you're appearing in however you may have until the day before the hearing date to file a motion to quash their subpoena. What is it they want you to produce? Why are those documents irrelevant to the matter at bar or priviledged? If you can address those questions and the rules in your jurisdiction say the same you have your timely filed motion to quash.

[jewel1325]

Definitely research what Chapel advised. You have to file an objection to their motion or you will waive your rights. They are banking on the notion that you won't know what to do. Prove them wrong.

[nascar]

Court date was set for May 7th. The DC asked for continuation, no response from judge yet. DC sent admissions and interog. request(time limit puts after trial date). My question is that the DC sent me a subpoena to submit to producing documents. This is a county court in Ohio. Thanks in advance.

If your court date rolls around and there's still nothing to indicated the continuance has been granted, make sure not to be at the hearing.

You could ask the judge to deny the request to continue and dismiss the case. You could argue that, if the other side didn't have enough information to bring the suit without having to get discovery from you, they shouldn't be entitled to any relief. Of course, it will also help if you have a decent defense to their claims, too.

[Fats]

I talked to an attorney and he said it was me who had to provide proof that I paid the debt. The DC a few yrs back when I asked to validate sent me a invoice from their(DC) company with acct and amount I owed. They said they were charging me 16.99interest now with this case they say they are entitled to charge 14.99 interest. Question - I admit it was my credit card but that I paid the debt but I can not find proof of payment, is it my burden to prove I paid or theirs to prove I owe.

Thanks this stuff is giving me a bad heart.

[Troofer]

Thanks, this is a great site. Very informative.

[Fats]

I just got the call from the Judge and the case was dismissed. YAHOO! I know from past experience that they will bring it back again.

Thanks for all the comments.