Missed Date to Respond to Summons ~ HELP

[Harvest]

So I just realized I think I missed the time frame to "Answer" my summons in the correct manner. I have been ill the past 3 years and unemployed the past 2. I am also sole provider for family.

I received a letter from a debt collector for Citi over the summer and they also served me with a summons. I sent them DV letter, to which they responded in august that they did not need to provide an agreement, etc. They also had not yet sent me copies of statements I requested.

I since have received Discovery, Request For Docs and Admissions (along with yes..now copies of statements), which I have until Friday to respond to.

So in my lack of good judgment I thought my "Answer" was my DV but now understand I should have formally responded within that 20 days including other things. I just read on the letter that "If I fail to do so, judgment by default will be taken against you for the relief demanded in complaint and I will be thereafter barred from assserting in another action any claim I may be may have which must be asserted by counterclaim in the above civil action" I don't know why that did not register with me.

So can I bother to answer the Discovery, interrogatories, request for docs now or do they already have a default judgement? Also, is there any motion I can file that could get them to accept my response to summons now? Can I still request Discovery from them?

I need to respond by Friday..I think I have enough research to respond to Discovery, admissions and request for docs but want to make sure I can protect myself.

AM I too late? HELP!

Edited November 3, 2010 by Harvest

[daybyday]

So I just realized I think I missed the time frame to "Answer" my summons in the correct manner. I since have received Discovery, Request For Docs and Admissions (along with yes..now copies of statements), which I have until Friday to respond to........

I should have formally responded within that 20 days including other things....

I need to respond by Friday..

When were you served with summons? You seem to be confusing "answering the summons" with "discovery".

*

[LostMind]

Why not go to the court house and look up your case and see whats been done on it. If there is no Judgement signed by the Judge then file something, anything even if you have to hand write it to buy you some time, maybe if the judge sees your trying he wont sign a judgement without a hearing.

I see that sort of thing all the time in court records here.

[Guest usctrojanalum]

They sent you discovery? I would go down to the Courthouse and check out what has gone on. The attorney might have rec'd your DV and just accepted it as an answer. That happens from time to time.

[Harvest]

Thank you so much for responses so far. I was a little confused too about receiving Discovery after the summons I didn't formally "answer", so was thinking they might have viewed my DV as an answer.

Course of events:

-I received the summons was dated July 19, 2010.

-I sent the DV within 20 days of that.

-I received a letter from them dated Aug 25th where the restated amounts and case number and stated they were not obligated to give a copy of agreement. They also did not send statements of account as requested.

-they sent certificate of service, entry of appearance along with "First Request for Admissions", "First set of Interrogatories", and "First Request for Production of Docs" on Oct 6th. In a separate envelope they also sent me a copied bundle of account statements on the same date - no agreement (It appears I have 30 days from then to respond?)

Do courts ever give info over the phone about whether a judgement has been filed yet? I didn't see anything online on their website, but a link statement saying "County Clerk announces public records search will be back online" but when I click it, it is a broken link. I was thinking if I called and found out a judgement had not been filed yet I could complete these docs and bring them to courthouse before Friday.

[Harvest]

Also if I do file these docs would it be a good idea to take the DV letter (below) along with signed copies of Confirmed receipt from Attorney so courts have a copy of that for their records?

This is the content of letter sent and also requested info on agreement which they said they did not need to provide, and also that they rejected the request to provide within 30 days (someone else said that was accurate and part of Discovery).

Do you think I should also request Discovery from them if no judgement has been filed as yet?

August 6, 2010

Citibank South Dakota, N.A.

7930 NW 110th Street

Kansas City MO 64153

RE: Civil Action No. XYZ

To whom it may concern,

This letter is being sent to you in response to a notice dated July 19th 2010. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

 What the money you say I owe is for;

 Explain and show me how you calculated what you say I owe (including interest);

 Provide me with copies of any papers that show I agreed to pay what you say I owe;

 Provide a verification or copy of any judgment if applicable;

 Identify the original creditor;

 Prove the Statute of Limitations has not expired on this account

 Show me that you are licensed to collect in my state

 Provide me with your license numbers and Registered Agent

Also I have been advised that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent legal action may be sought for the following:

 Violation of the Fair Credit Reporting Act

 Violation of the Fair Debt Collection Practices Act

 Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will respond within at least 30 days in order to allow time to investigate this detailed information. During such time any and all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to contact my legal counsel. I am requesting that all future communications with me must be done in writing and sent to the address noted in this letter by USPS.

It would be ideal that you assure all records are in order in the event I am forced to pursue legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Thank you very much for your assistance with this matter.

Best regards,

Cc: Attorney

Thank you again for your help:confused:

[Harvest]

And they gave me an online records search. Nothing came up under judgements for me yet.... However, I am not 100% convinced yet just because I don't see anything online...

[Guest usctrojanalum]

-they sent certificate of service, entry of appearance along with "First Request for Admissions", "First set of Interrogatories", and "First Request for Production of Docs" on Oct 6th. In a separate envelope they also sent me a copied bundle of account statements on the same date - no agreement (It appears I have 30 days from then to respond?)

Okay, since they have done all of this it appears they have accepted your DV as your answer. Not all collection attorneys are evil I guess.

[Harvest]

I am working on the interrogatories and could really use some suggestions on #7, #9, #11 in particular. I need to get this in tomorrow!

Also, I read somewhere you could note affirmative defenses on the interrogatories? Since I didn't do that on the summons, could I list some things here? Any suggestions?

ANSWERS TO INTERROGATORIES

1. State your full, correct name and any other name or nickname by which you have ever been known. (If you are answering on behalf of a corporation, partnership, or other business entity, state the full name of the business entity, any other names by which the business entity has been known in the five (5) years preceding this lawsuit, and the full name and title of the person answering this Interrogatory.)

ANSWER: My name here

2. State your present, complete residence address, business address and telephone numbers. (If you are answering on behalf of a corporation, partnership, or other business entity, state the complete address for the entity’s corporate office and/or principal place of business and business mailing address for the person answering this Interrogatory.)

ANSWER: My home address here

3. If different from #2 above, state each residence and mailing address (if different from residence address) you have had during the four (4) years immediately preceding the filing of this lawsuit. (If you are answering on behalf of a corporation, partnership, or other business entity, state each address for the entity’s corporate office and/or principal place of business and the business mailing address for the person answering this Interrogatory during the four (4) years immediately preceding the filing of this lawsuit, if different from #2 above.)

ANSWER: Same as #2.

4. Identify and describe in detail all NON-PRIVILEGED statements, whether written, oral, or recorded, concerning the facts and circumstances involved in this case (i.e. when made, the verbatim contents thereof, if oral or written, etc.) and identify in detail who made each of the statements (i.e., names, addresses, phone numbers, employers, job titles, etc.)

ANSWER: Objection. Interrogatory No. 4 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

5. State the name, occupation, business address, business telephone number, residence address, and residence telephone number of each person you expect to call as a witness at trial or who has knowledge of facts and circumstances you rely upon as any defense to plaintiff’s claim, together with a summary of the matters to be testified about or within the knowledge of each such person.

ANSWER: Objection. Interrogatory No. 5 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. The Defendant cannot possibly answer this Interrogatory when he has not seen the Plaintiff answers to his Discovery. Without waiving his objection, the Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant.

6. State the name, occupation, business address, business telephone number, residence address, and residence telephone number of each person you expect to call as an expert witness at trial, the subject matter on which the expert is expected to testify, and the substance of the expert’s testimony.

ANSWER: Objection. Interrogatory No. 6 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. The Defendant cannot possibly answer this Interrogatory when he has not seen the Plaintiff answers to his Discovery. Without waiving his objection, the Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant.

7. If you have not admitted any one or more of the plaintiff’s Request for Admissions served upon you of even date herewith, then with respect to each such request not fully admitted, state all facts known to you, directly or indirectly, which you contend to be a basis for denial or refusal to admit each request.

ANSWER: (need help with this one! Objected to every Admission)

8. If you claim the balance sued for in plaintiffs Complaint does not include all payments, credits, offsets, or deductions to which you are entitled, state the dates and amounts of each payment made by you or on your behalf and describe the nature, date, and amount of any other credit, offset, or deduction to which you claim you are entitled.

ANSWER: Objection. No. 8 is objected by the Defendant on the grounds that it is unreasonable, overly broad and unduly burdensome to the extent it seeks information, documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct.

Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct, and has never claimed to have made any payments therefore cannot list any.

9. Have you ever been convicted of, or pled guilty to, or been found guilty of a felony, a theft misdemeanor, or other misdemeanor involving moral turpitude? (If you are answering on behalf of a corporation, partnership, or other business entity respond with respect to the corporate officers, incorporators, directors, limited partners, general partners or other persons engaged in managing/controlling the entity.) If so:

a. What was the nature of offense;

b. What is the state and county or state and district of such conviction, plea, or finding; and

c. What was the sentence imposed and the date the sentence was completed?

ANSWER: (Have not to best of recollection...maybe a DWI 25 years ago but is this any of their business? Could use help)

10. Were you ever party to any other lawsuit excluding this case? (If you are answering on behalf of a corporation, partnership, or other business entity, respond with respect to the business entity only including any lawsuit involving wholly – or partially-owned subsidiaries and/or parent companies.) If so:

a. State the type and nature of the suit;

b. Identify the state and county or state and district of filing;

c. State the case number;

d. State the date filed;

e. Identify the name, address, and phone numbers of the other parties to the litigation; and

f. Identify the name, address and phone numbers of the attorneys for each such party.

ANSWER: Have not but is this any of their business? How to respond.

11. Do you agree to supplement your responses to these Interrogatories and the accompanying Request for Production of Documents to include information hereafter acquired?

ANSWER (Need help!)

Moving on to Request for Docs... Thank you for your help!!!