combingwyoming

Disclosure statement, discovery, interrogatories, motion to strike

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Hi Friends, 

 

My wife is being sued in Wyoming for approximately 10K from a JDB based in Colorado. Below is a description of exactly where my wifes case stands. I have several questions that I could use some help with. She did not yet respond to the plaintiff's attorney who requested a "Disclosure Statement". She has also not yet filed any motions for discovery or interrogatories or a motion to strike affidavit of debt. 

 

1. What should I write in my dislosure statement? 

2. Could/Should I file for discovery? If yes, what should I write? 

3. Could/Should I file interrogatories? If yes, what should I write? 

4. Could/Should I file a motion to strike affidavit of debt? If yes, what should I write? 

5. Is there anything else I should do at this point? 

 

Thank you for any advice/suggestions/guidance you can provide! 

 

CombingWyoming 

 

3. How much are you being sued for? APPROXIMATELY 10K 

 

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

 

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

 

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

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 

 

9. What state and county do you live in? WYOMING 

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) 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). MY WIFE WAS SERVED. THE SUIT INCLUDED AN EXHIBIT WITH A GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THE SUIT ALSO INCLUDED AN AFFIDAVIT FROM THE LAST JDB OWNER OF THE DEBT WHICH INCLUDED MY WIFE'S NAME ON IT. BOTH THE EXHIBIT AND THE AFFIDAVIT INCLUDED THE SAME OC. SHE DENIED ALL COMPLAINTS AND DEMANDED STRICT PROOF. TRIAL DATE WAS SET AND THEN THE ATTORNEY FOR THE PLAINTIFF ASKED TO RESCHEDULE THE DATE FOR PERSONAL REASONS. A NEW TRIAL DATE WAS SET. MY WIFE THEN RECEIVED DISCLOSURE STATEMENTS FROM THE PLAINTIFF AND A REQUEST TO FILE HER DISCLOSURE STATEMENTS. SHE DID NOT RESPOND TO THOSE YET (AND COULD USE SOME GUIDANCE). SHE ALSO RECEIVED FROM THE PLAINTIFF A MOTION FOR LEAVE OF COURT TO AMEND PLAINTIFFS EXHIBIT A TO THE ORIGINAL COMPLAINT AND AMENDED AFFIDAVIT OF INDEBTEDNESS. THIS MOTION SOUGHT TO CHANGE THE OC IN THE ORIGINAL COMPLAINT TO A NEW OC. FOR THIS CHANGE THEY ADDED A NEW GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THEY ALSO ADDED A NEW AFFIDAVIT FROM THE SAME AFFIANT (RYAN) AS BEFORE. THEY ALSO ADDED TWO ADDITIONAL AFFIDAVITS, ONE THAT SHOWS THAT THE OC SOLD THOUSANDS OF ACCOUNTS FOR MILLIONS OF DOLLARS TO JDB #1 AND A SECOND AFFIDAVIT THAT SHOWS THAT JDB #1 SOLD DEBT TO THE JDB WHERE RYAN IS PRESIDENT [NOTE: NEITHER OF THE LATER 2 AFFIDAVITS MENTION MY WIFE AND RYAN'S AFFIDAVIT MENTIONS THE OC BUT NOT JDB #1]. FINALLY, THE LAST THING THEY INCLUDED WAS A GENERIC CONTRACT FROM THE OC WHICH DID NOT HAVE MY WIFE'S SIGNATURE ON IT. I HOPE THIS IS ALL CLEAR AND I'M HAPPY TO ANSWER ANY QUESTIONS. 

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 

 

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. NO 

 

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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? COURT DATE HAS BEEN SET. DATE IS COMING UP SOON. 

 

Any help and guidance on how my wife should move forward would be greatly appreciated. Thank you very much! 

 

CombingWyoming 
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Second try...

 

Hi Friends, 

 

My wife is being sued in Wyoming for approximately 10K from a JDB based in Colorado. Below is a description of exactly where my wifes case stands. I have several questions that I could use some help with. She did not yet respond to the plaintiff's attorney who requested a "Disclosure Statement". She has also not yet filed any motions for discovery or interrogatories or a motion to strike affidavit of debt. 

 

1. What should I write in my dislosure statement? 

2. Could/Should I file for discovery? If yes, what should I write? 

3. Could/Should I file interrogatories? If yes, what should I write? 

4. Could/Should I file a motion to strike affidavit of debt? If yes, what should I write? 

5. Is there anything else I should do at this point? 

 

Thank you for any advice/suggestions/guidance you can provide! 

 

CombingWyoming 

 

3. How much are you being sued for? APPROXIMATELY 10K 

 

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

 

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

 

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

 

8. What was your correspondence (if any) with the people suing you before you think you were being sued? NONE 

 

9. What state and county do you live in? WYOMING 

 

12. What is the status of your case? Suit served? Motions filed? You can find this by a) 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). MY WIFE WAS SERVED. THE SUIT INCLUDED AN EXHIBIT WITH A GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THE SUIT ALSO INCLUDED AN AFFIDAVIT FROM THE LAST JDB OWNER OF THE DEBT WHICH INCLUDED MY WIFE'S NAME ON IT. BOTH THE EXHIBIT AND THE AFFIDAVIT INCLUDED THE SAME OC. SHE DENIED ALL COMPLAINTS AND DEMANDED STRICT PROOF. TRIAL DATE WAS SET AND THEN THE ATTORNEY FOR THE PLAINTIFF ASKED TO RESCHEDULE THE DATE FOR PERSONAL REASONS. A NEW TRIAL DATE WAS SET. MY WIFE THEN RECEIVED DISCLOSURE STATEMENTS FROM THE PLAINTIFF AND A REQUEST TO FILE HER DISCLOSURE STATEMENTS. SHE DID NOT RESPOND TO THOSE YET (AND COULD USE SOME GUIDANCE). SHE ALSO RECEIVED FROM THE PLAINTIFF A MOTION FOR LEAVE OF COURT TO AMEND PLAINTIFFS EXHIBIT A TO THE ORIGINAL COMPLAINT AND AMENDED AFFIDAVIT OF INDEBTEDNESS. THIS MOTION SOUGHT TO CHANGE THE OC IN THE ORIGINAL COMPLAINT TO A NEW OC. FOR THIS CHANGE THEY ADDED A NEW GENERIC EXCEL STYLE 1 LINE ACCOUNT BALANCE WITH THE AMOUNT OF PRINCIPAL AND INTEREST BUT NO REFERENCE TO MY WIFE. THEY ALSO ADDED A NEW AFFIDAVIT FROM THE SAME AFFIANT (RYAN) AS BEFORE. THEY ALSO ADDED TWO ADDITIONAL AFFIDAVITS, ONE THAT SHOWS THAT THE OC SOLD THOUSANDS OF ACCOUNTS FOR MILLIONS OF DOLLARS TO JDB #1 AND A SECOND AFFIDAVIT THAT SHOWS THAT JDB #1 SOLD DEBT TO THE JDB WHERE RYAN IS PRESIDENT [NOTE: NEITHER OF THE LATER 2 AFFIDAVITS MENTION MY WIFE AND RYAN'S AFFIDAVIT MENTIONS THE OC BUT NOT JDB #1]. FINALLY, THE LAST THING THEY INCLUDED WAS A GENERIC CONTRACT FROM THE OC WHICH DID NOT HAVE MY WIFE'S SIGNATURE ON IT. I HOPE THIS IS ALL CLEAR AND I'M HAPPY TO ANSWER ANY QUESTIONS. 

 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) NO 

 

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. NO 

 

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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? COURT DATE HAS BEEN SET. DATE IS COMING UP SOON. 

 

Any help and guidance on how my wife should move forward would be greatly appreciated. Thank you very much! 

 

CombingWyoming 
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She likely doesn't have anything to disclose unless there are legal defenses which weren't in her answer. 

 

From a quick search the civil rules are here: http://www.wyd.uscourts.gov/pdfforms/localrules-cv.pdf

 

Rule 26.1 covers discovery and disclosure is under Rule 26.1 ©:

 

© Initial Disclosure (Self-Executing Routine Discovery Exchange). It is the

policy of this District that discovery shall be open, full and complete within the
parameters of the Federal Rules of Civil Procedure.
(1) Initial Disclosures. [Excerpted from Fed. R. Civ. P. 26(a)(1)(A)-(E)]
Except in categories of proceedings specified in Fed. R. Civ. P. 26(a)(1)(B), or to the
extent otherwise stipulated or directed by order, a party must, without awaiting a
discovery request, provide to other parties:
(A) the name and, if known, the address and telephone number
of each individual likely to have discoverable information that the disclosing party may
use to support its claims or defenses, unless solely for impeachment identifying the
subjects of the information;
(B) a copy of, or a description by category and location of, all
documents, data compilations, and tangible things that are in the possession, custody,
or control of the party and that the disclosing party may use to support its claims or
defenses, unless solely for impeachment. In cases where it is impractical due to the
volume or nature of the documents to provide such copies, parties shall provide a
complete description by category and location in lieu thereof;
© a computation of any category of damages claimed by the
disclosing party, making available for inspection and copying as under Rule 34 the
documents or other evidentiary material, not privileged or protected from disclosure, on
which such computation is based, including materials bearing on the nature and extent
of injuries suffered; and
(D) for inspection and copying as under Rule 34 any insurance
agreement under which any person carrying on an insurance business may be liable to
satisfy part or all of a judgment which may be entered in the action or to indemnify or
reimburse for payments made to satisfy the judgment.

 

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almost the same as colorados rules.  So basically you list yourself as the person that has information. and under documents etc. say "defendant does not have any documents to disclose"  (unless you do have one that will help your case)

Basically they have to send you all their evidence without being asked, and your case becomes more of objecting to their evidence.

No discover like you see others doing here, unless a pre-trial conference is called and you request discovery, even then it may be denied.

 

If other side does not give you all of the required material to prove their case, it is precluded in trial.  In my state once they send disclosure, they cannot supplement without asking the court.  Check your time lines to on how soon it needs to get to you before trial.

This  way is really kind of easier--if they don't produce it they can't use it.  If and when they do produce it in disclosure, then your case becomes about getting the evidence struck.

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Well if the JDB is smart he will disclose what he needs to in order to prove his case. (usually they fall short, thinking you will see what they submit and fall over and pay)

You can expect a bunch of credit card statements, a bill of sale, and some excel data sheet that has everything redacted except one line with your name and account info on it.  Then they will probably list a witness tht is named as "an associate" of JDB who will testify to blah blah blah.  

They might even include a single paper that says OC sold and assigned to JDB1 who assigned to JBD2, who assigned to JBD3.

Not much to do until you get those disclosures.

 

I sent a basically blank disclosure form with myself listed on it, and stated I had no documents to admit.  They sent me all of the above, and now I am picking it apart in a motion to object (motion in limine) as to why their evidence is hearsay and should not be admitted into evidence.

 

I don't knkow about "Alloway v. RT Capital," (Wy. Sup. Crt. 2008)

I will have to go look that up.

 

If you file a motion in limine, objecting to all of the above, you can expect 1 of 2 things.  You will go to court, and the judge will rule on your motion at trial.  So best to be prepared, and know the rules when you go so you can object to what jbd has to say, or 2. they will dismiss, and your done.

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were all the affidavits they sent you notorized? or were they just declarer's stating to that fact?  They need to be authenticated per rules, mine is rule 901 I think in the evidence rules.  

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