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court date set, few concerns


sneeze24
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I filed my appearance and paid the fee, asked the lady about my answer to the complaint form and she was not very helpful. I was directed to the legal aid and a hour later I talked to one of them that told me things I've already found out here on the forums. Here's the thing, the lady told me I don't have to file my answer to the complaint since the claim is under $10,000. She even said it was unnecessary and wouldn't matter in court anyway. I then asked her about discovery and was told that I will have to wait til my court date (March 6th) and ask the judge for a leave to do discovery request. She also said there's a chance that the judge MIGHT even deny my motion. So with the court date a few weeks away, how would I proceed if the judge does deny my plea for discovery? And since I didn't file my answer (suggested not to) do you guys think this is okay and doesn't really matter? ( I think she said something about I can answer the complaints in person on my court date )

Edited by sneeze24
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i guess im being paranoid, but man these lawyers are scary. Met one the other day and he was slick, walking around with a cigar in his mouth and everything. Kind of intimidating.

I'm preparing my motion for discovery request. These are some of the requests. Any advice would be appreciated, thanks!

1. The original application with the original creditor

2. Charge slips bearing defendant's signature which establish use of the account

3. The original agreement in whcih defendant allegedly agreed to the terms of the account

4. A complete history of the account from day one establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any and all documents plaintiff intends to introduce at trial which establish ownership of the account, assignment of the account from the original creditor, and chain of custody of the account.

8. Any affidavit purporting to establish that plaintiff has access to or knowledge of the original creditor's business records.

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i guess im being paranoid, but man these lawyers are scary. Met one the other day and he was slick, walking around with a cigar in his mouth and everything. Kind of intimidating.

I'm preparing my motion for discovery request. These are some of the requests. Any advice would be appreciated, thanks!

1. The original application with the original creditor

2. Charge slips bearing defendant's signature which establish use of the account

3. The original agreement in whcih defendant allegedly agreed to the terms of the account

4. A complete history of the account from day one establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any and all documents plaintiff intends to introduce at trial which establish ownership of the account, assignment of the account from the original creditor, and chain of custody of the account.

8. Any affidavit purporting to establish that plaintiff has access to or knowledge of the original creditor's business records.

When dealing with consumers who actually respond to a case, probably 70% of a debt collection attorney's job is intimidation. They want you to feel like you have no chance so that you'll fold. The rest of their job is filing MSJs and saying "acceptance of the card constitutes acceptance of the terms, blah blah blah."

I had an attorney tell me that they had "ordered" the documents from Citi and he was going to file an MSJ when he got them. Pure intimidation is what it was, and it didn't work. It's also how I knew they were lying to me when they said that the answers to my ROPs were ready, because they would have rushed all of those account statements that I had asked for to me in order to intimidate me into settling.

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That's a good start, just check your rules to be sure there are no limitations on how many questions you can ask. Don't be afraid of JDB lawyers, they put their shoes on one at a time just like you. Usually on the wrong feet. They aren't very good at what they do. We are. Thus endeth the lesson.

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