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general sessions tennessee OC suing


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Questions to ask in post

I am a newbie. Please be patient – I’m really trying to learn this stuff but I know my questions may seem non-sensical. I would appreciate any help I could get.

I am being sued by an original creditor. I went to court and denied the affidavit to the judge and a court date has been set for trial.

I have done the following:

1. I used this site : (sorry had to remove link) BOPR - [Find an Attorney] and checked the attorney is active and the search results said “no releases for public discipline”:

2. I did a search for the rules of civil procdure. I found them on the .gove website (I wish they were in pdf form…they only have about 2 sentences on some pages – taking a lot to print them out and try to read and study them). But I do see them, and am trying to study them

3. I tried to find benchmarks book as one thread suggested (sorry - I had to remove link ) but I couldn’t find any benchmarks for Tennessee

4. I did do a search on (sorry I had to remove link to justia) and the law firm/collection agency has 2 cases against with ‘cause of action’ is “fair debt collection act”.

This is an original creditor that has hired a law firm/collection agency to sue me.

I am in general sessions court. I have been reading this site and have found “rough drafts” for requests for admissions and also for interrogatories. Please note, for the general summons all that was attached was an affidavit. I do NOT agree to the affidavit. I think it is as bogus as a $2 bill.

These are my questions –

1) I don’t have a right to discover in general sessions. But from research I get the impression I can request the case be moved to circuit court and then I would have a right to those things. Can anyone confirm this is true or not? And if so – what do you think I should consider/think about? Might that just make the other side upset and come at me even harder?

2) Should I wait for requests for admissions or should I go ahead and try to submit them to the other side? I feel like I should at least send them a dv letter to let them know I’m not just forgetting about them…also to make them work and rack up some attorney’s fee’s and hours.

3) I have read the rules of civil procedure and didn’t see the general sessions no discovery rights in it. Where would that be listed? Is there some other document I should be trying to read/learn?

4) If I find cases (like on justia and such) where do I go to actually “read” them ? I’m sorry, I just don’t understand how people are saying they have read them ? Could it be that Tennessee doesn’t list them online or something? If not, then where do I go?

5) Since I believe the affidavit is bogus, should I just go ahead and file a motion to dismiss, or do I wait for answers back from interrogatories?

6) (this may sound silly) I read that it is good to cite cases to make it clear to the judge how to rule, etc. But when does that happen? in written motions before trial? Doesn't that give the case away to the other side? Or do they not cite case law in general sessions?

These are some questions I have…I’m just getting started, I’m a baby in this little journey but I know I need to learn fast.

Actually, I talked to the lawyer and tried to work out a deal, I hope I didn’t say anything that will come back and hurt me. But I didn’t know it would come to this. I was foolish to think they would work with me. I feel stupid.

Any information or websites or anything would be appreciated.

Thank you in advance.

P.S. I don't necessarily want to file a counter claim, but if I did, at what point in the process is that done?

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