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I filled out 1 set of answers, now they are asking for another?


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To try to sum it up, My wife is being sued, we responded and filled out the first set of answers. We filed it with the court, have recieved a court date in april. The other day, we get a document from the CA, and its another list of "questions" they are all, of course... Gotcha questions. But there is no deadline in which they must be returned only when they were sent. I do not have them in front of be, but I don't think they have the courts seal on them as being filed either.

 

do I have to fill these out?

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This is probably their discovery program. Try to rial the Defendant up and make him/her panic into a settlement of which they have no claim.

 

You will problably receive the following:

 

Interogatories (Called Rogs) dependent on your state allowing them

Request for Defendants Admissions (Deny everything). 

Requests for Production of Documents (They want you to make their case for them). 

 

There are great examples of how to answer all of these on this CIC forum. That's a good place to start.

 

We will help you with suggestions on how to answer.  Redact personal info and round up totals and post it.

 

HP

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If you don't answer they will be deemed admitted and you will lose your case because everything they ask will be admitted as true.

Then you will be doing dishes for some junk debt buyer for 2 or 3 years till the account and attorney fees you agreed to are paid off.

You win a case because you have prepared.Hopefully, by showing you how to lose your case, you will think about how you can win it.

Study the AR rules of civil prodecure, your local court rules,case law,post the complaint so people can help you.

https://courts.arkansas.gov/rules-and-administrative-orders/rules-of-civil-procedure

The plaintiff will be someone like cach llc,or midland funding.

Answer the questions then post the discovery they sent you.

 

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt?

 

12. What is the status of your case? Suit served? Motions filed? You can find this by calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming.(Breach of contract,Account stated) Did you receive an interrogatory,discovery,admissions (questionnaire) regarding the lawsuit?


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

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