Trail on Tue, trying to prepare for the unexpected

[daybyday]

CA sent notice of debt for Citibank in May ’10, we responded with DV letter, CA responded with copy of account statement. We called CA to verify who owns debt and discussed possible settlement in July, nothing resolved. CA filed suit for Breach of Contract. We responded with Affidavit of Denial, Request for Production on Records and Request for Admissions (per Massive) filed at courthouse and copies sent to CA via Registered Mail. Last week CA called my wife at work and left message on voice mail, then called our home at which time I answered. CA wanted to settle before going to court, I declined.

We are 3 Law Days from court date and have received no response on our requests for discovery.

Question 1: Have I missed anything in responding to summons?

Question 2: The suit is against my wife and I need to be her voice in the court room. How can I help without being accused of practicing law without a license?

Question 3: If the CA has no evidence, where do I look for information on how to counter sue?

Question 4: Has the CA calling my wife at work been a violation of FDCPA?

Question 5: What is the criteria a Judge follows for dismissal “with prejudice?”

Thanks in advance to all, this site has been a great source of knowledge and inspiration. I have resolved not to settle on this account unless the CA proves that Citi is the owner of the account. To use a poker term, we are all in!

*

[admin]

CA sent notice of debt for Citibank in May ’10, we responded with DV letter, CA responded with copy of account statement. We called CA to verify who owns debt and discussed possible settlement in July, nothing resolved. CA filed suit for Breach of Contract. We responded with Affidavit of Denial, Request for Production on Records and Request for Admissions (per Massive) filed at courthouse and copies sent to CA via Registered Mail. Last week CA called my wife at work and left message on voice mail, then called our home at which time I answered. CA wanted to settle before going to court, I declined.

We are 3 Law Days from court date and have received no response on our requests for discovery.

Question 1: Have I missed anything in responding to summons?

Question 2: The suit is against my wife and I need to be her voice in the court room. How can I help without being accused of practicing law without a license?

Question 3: If the CA has no evidence, where do I look for information on how to counter sue?

Question 4: Has the CA calling my wife at work been a violation of FDCPA?

Question 5: What is the criteria a Judge follows for dismissal “with prejudice?”

Thanks in advance to all, this site has been a great source of knowledge and inspiration. I have resolved not to settle on this account unless the CA proves that Citi is the owner of the account. To use a poker term, we are all in!

*

Q 1. Did the Plaintiff respond to Discovery? If not, I might have a motion to compel handy.

Q 2. I've heard there are some venues which allow one spouse to represent the other. Usually this isn't the case - You can't represent your wife. She absolutely needs to be there.

Q 3. You don't really have a counter suit unless you want to sue for court costs. You could just ask the judge for those if he/she rules in your favor without having to counter sue.

Q 4. If she told them she was not allowed to receive calls at work AND could prove she told them this AND that they did indeed call after being informed, then yes. But this needs to be in a countersuit, which at this date, might be too late to file.

Q 5. Lack of evidence on the part of the Plaintiff. Don't be surprised if the Plaintiff asks for more time and the judge allows this.

[rikkivs]

Inquiring minds want to know. If it didn't go well, get all your bills together and prepare a financial statement so they cannot levy your bank accounts and garnish your wages. If it did go well, then congrats.

[myhouse]

Inquiring minds want to know.

???? Tuesday hasn't come yet.

[admin]

Even if you do lose, which I don't think you will, since the Plaintiff hasn't even replied to your Request for Discovery, I wouldn't get your finances together and certainly don't bring them to court.

Most likely, the Plaintiff will ask for a continuance, especially if you bring up your motion to compel or merely state that you've received nothing in response to your request for production of documents.

[ADSOFT]

Inquiring minds want to know. If it didn't go well, get all your bills together and prepare a financial statement so they cannot levy your bank accounts and garnish your wages. If it did go well, then congrats.

Wow, now I know why a BOP is so important. If they pull this stuff here in CALIF they can't use it in court.

Question though, if they don't come up with what I asked for in my BOP, why even file a motion to compel? Wouldn't I be giving them another chance?

Why not just ask for a dismissal at that point? they are the ones suing and alledging they have documentation, when I ask for it if they don't have it, it should be open and shut???

[ADSOFT]

Even if you do lose, which I don't think you will, since the Plaintiff hasn't even replied to your Request for Discovery, I wouldn't get your finances together and certainly don't bring them to court.

Most likely, the Plaintiff will ask for a continuance, especially if you bring up your motion to compel or merely state that you've received nothing in response to your request for production of documents.

Yep, how can the judge rule against the defendent w/o evidence?

[daybyday]

Thanks all for the input!

Question: If the Plaintiff appears with nothing and we motion for dismissal, is there grounds for dismissal w/prejudice we can claim?

*