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Sued by debt buyer in KY

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This started out as one debt buyer suing me.  In 2012 or so, another debt buyer bought them out and is now the plaintiff. 

 

Early 2010:  I get collection letter from their attorney for an old (not old enough) CC account for a little over 2000.  I asked for validation.  They sent a generic CC agreement for a store credit card (not even remotely what it was).  The only thing stated correctly was the account number.  And that it was opened in 2008.  (Actually it was closed then). 

 

I then sent another letter asking for more evidence of proof of debt and amount. No response.

 

March 2010.  They sued me for 2000 something.  I answered basically denying everything.  I hadn't researched things much but knew not to let it go unanswered. 

 

A year goes by.  Nothing.  In 2011, I received a copy of the Court asking the plaintiff if they were going to do anything.  They filed they intended to prosecute.  Court says ok

 

Another year goes by.  IN 2012, same thing.

 

Another year goes by.  IN jan 2013, same thing. 

 

Feeling like nothing was going to happen, I just waited for it to be dismissed.  Looking back, I should have prompted action a long time ago. 

 

In March 2013, I received requests for admissions, interrogatories, and production of documents.  In addition, they apparently had found copies of CC statements from 3/2008 to 12/2008 (when it was closed), and also sent an offer of settlement for 5,000.  Quite a jump from the 2000 or so. 

 

Panicked, I finally started doing research on what to do.  I answered their requests denying everything basically within their 30 days deadline.  But then I reasoned, I had templates (their documents) now to send them requests as well because frankly I was annoyed that this was years old. 

 

So in March 2013, I sent them requests for Admissions, interrogartories, and production of documents using their templates and filed the orginals in court.  One of the admissions of course being that I don't owe the plaintiff anything.

 

So far, it's at 30 days. 

 

What would be my next step?  Do I send second requests?  For admissions, I don't think I do anything.  They have basically admitted everything I listed as true by not answering me.  Should I just try for dismissal based on that alone? 

 

Also, are there any grounds for counter suing based on this being on my credit report for over 3 years now? 

 

Thanks for any replies...

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  1. I would file to have their admissions deemed admitted since they didn't answer, then you can file a sworn affidavit denying it is your debt along with a motion to dismiss with prejudice.  But others may have different advice. ;)

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They did nothing between some time in 2011 and March, 2013?  I'd check my rules to see how long a case can lie dormant before the court dismisses the action.  I don't know if the fact that you responded to their requests and sent your own would affect that or not.

 

Regarding their failure to respond in 30 days, read your court rules about the procedure to make sure you don't have to first file a motion to compel.   Some might suggest sending the attorney a reminder letter just to show the court that you attempted to get them to respond without involving the court in some way.

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http://opinions.kycourts.net/coa/2010-CA-001990.pdf

 

 

This appears to be a one year rule, you can check it out. Only thing is, if you didn't do anything about this it is taken by the court as acceptance of what they did. It's harder to file this type of motion after the fact.  Admissions are covered under Rule 36.01, they have 30 days to answer or they are deemed admitted.

 

http://kybar.org/documents/cr/cr_36.01.pdf

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Received in mail today that the plantiff wants to dismiss without prejudice.   I'm guessing at this point I don't need to do anything else?  Here i was all prepared to get those admissions admitted and motion for dismissal with prejudice. 

 

BTW..no response to my inquiries of interrogatories, admissions, or production of documents I sent them.  They had til April 10th.  Is receiving their letter wanting to dismiss a substitute for this?  Can this be used in the future if they decide to do this again? 

 

I'm guessing they had nothing but decided to send all that discovery at me, intimidate me, and try to get me to go along with their proposed settlement.   The plaintiff was LVNV (formerly Arrow Financial). 

 

I want to thank this forum though.

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if they haven't filed yet, I would try to file a motion to have them deamed admitted. Then if they try and come back on you, you could cite this prior case. (I don't know if you can do that, but I would check it out, lol.  Bruno would know)

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That was my basic question.  But they did file their motion to dismiss with the court, it was a copy to me.  I'm thinking they would just say we didn't answer because we want to dismiss.  But then again, it's still ongoing.  They could have responded, denied everything and still filed to dismiss. 

 

I have to remember to be delighted to just see them drop it and not go looking for more trouble. 

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They can dismiss any time they want and there isn't much you can do about it. Not that you'd want to, most likely you won't hear from them again, altho they could refile at a later date. No more motions, case over for now. Keep all your records.

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