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Answer (deny) same as Discovery?


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Summoned served

Answered:

Defendant is without Information or knowledge sufficient to form an opinion to the truth or accuracy of the allegation(s) contained in this complaint and based on that denies the allegation(s) contained herein and demands strict proof.

Is that enough said, or must I file a pre-trial Discovery?

Or.....do you just wait and see if Lawyer for Plaintiff produces it on trial (yet to be determined) day?

If then (trial day) is that the first thing defendant insists on before proceeding?

OR...I see LFP producing actual documentation (where to go from there?)

OR...I see LFP an Affidavit of Debt (motion to strike?)

(yes, I have read local Rules of Civil Procedure...I am hung up on time constraints not explained in those)

Edited by Deepdoodoo
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I guess I would advise you to proceed forward based on the overall vibe you have regarding the suit. I know what I would do if I were you, but in the three suits filed against me, filing discovery has ended up being largely unecessary in 2 of the 3 and if you want to get technical all 3. I like to error on the side of caution though so I am glad I sent off discovery.

It may be that the people suing you are not going to pursue the case due to the fact that you anwsered it and they cannot get an easy default. Some JDB's are only in it for the easy defaults and do not pursue it after the defendant anwsers the suit. This is precisely what happened in 2 of the 3 suits filed against me. While I did send off discovery requests to them, they did nothing after the anwser, didn't anwser my requests or send me discovery of their own. One was dismissed and the other has sat dormant for over 6 months.

The other suit, which was also dismissed, saw the JDB sending me discovery and me sending it back to them with proper anwsers that lead to them dropping the case after that, it took months but they later dismissed it. I sent discovery off to them too, and had to go to court to get them to send me anwsers, had to file a motion to compel.

The thing is I think a certain amount of time can pass where your right to send discovery to them can expire, it might be different depending on where you live, but it might be important to try to find out what the rules are regarding discvoery and the time a defendant has to make requests. You definatly don't want to surrender your right to demand documents and anwsers. Don't worry to much in the short term, you would have at least a couple months to spare, if not more time, especially if they take no action.

But don't count on them to send you discovery first, they may not be sending you anything, all it would be if they did is assinine attempts to try to get you to prove their case for them.

Remember as important as sending off discovery is anwsering theirs correctly and in the right fashion. If you don't they can send it back and make you do it all over.

And remember if you send discovery off to them, it has to be complete with definitions and instructions. If you don't define terms correctly, they can play stupid and send it back to you without anwsering it. Preparing discovery was the most time consuming thing I have done in my work to fight the JDB's, but then again I sent them back a ton of stuff, drowned them in questions.

Luckily in my case, discovery was sent to me by the first JDB that sued me so the instructions and definitions they sent to me provided a great template to send back to them and later to the other JDB that sued me. I can imagine the definitions and instructions part of discovery is where pro se folks get tripped up more than anything else. I am sure I would have messed up had I not had the template.

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Can't tell you if you should send them discovery. I know I would and a UHAUL full of it at that. However, your "demand strict proof" in the answer does not force them into anything and does not act like discovery.

It's really something I would never put in an answer anyway. They are suing you and have the burden of proof, of course you demand strict proof. That really does not have to be stated, answering the lawsuit does that for you.

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I was reading through some threads regarding answering discovery: I sent my answers (but not in pleading paper) cause I thought I read somewhere answers did not have to be on pleading paper, but in the correct format as they had sent the Request(s).

Can someone confirm? I am wondering if I need to re-do, I am still within my 30 days to respond. And if I need to correct, do I just re-send in the proper format, or is there a supplemental note/verbiage I need to add...thank you all for your help.

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@fightemdontfold

Sorry, SO confused.

I was asking if I needed to try and demand (via Discovery) info from them (knowing that I might not get it) prior to pre-trial, or AT pre-trial.

In reading more after I posted that, I get: deny the heck out of the debt, as you haven't been shown diddly-squat that would substantiate their claim.

Good info in your reply to me. Thanks.

And you do have me thinking...just what in Sam Hell-o they'd want to ask a Defendant (via Discovery).

@Coltfan

Yeah, without any specific answers, in prior posts, I was left to find scraps of info throughout other posts and sites for a reasonable answer to supply. That was a cut-n-paste. Pretty much like the Complaint was, from them.

Edited by Deepdoodoo
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@Coltfan

Yeah, without any specific answers, in prior posts, I was left to find scraps of info throughout other posts and sites for a reasonable answer to supply. That was a cut-n-paste. Pretty much like the Complaint was, from them.

It's not wrong by any stretch or did anything negative to your answer to the lawsuit.

It's like when the judge asks if you are guilty or not guilty and instead of saying not guilty, you say not guilty and I demand the prosecutor prove I'm guilty. It's understood in your denial that you're demanding they prove their case.

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Send them these, that will keep them busy.

Requests for Production of Documents

1. The original signed application establishing the account

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

3. The original written agreement in which defendant allegedly assented 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 document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

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