alte0071 Posted September 17, 2013 Report Share Posted September 17, 2013 1. Who is the named plaintiff in the suit?Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)Gurstel Chargo PA 3. How much are you being sued for?~$7000 4. Who is the original creditor? (if not the Plaintiff)Chase Bank/Credit Cards 5. How do you know you are being sued? (You were served, right?)Yes, I was served. 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?I had recently sent a settlement offer to Asset Acceptance. I had no previous contact with Gurstel Chargo, however. 9. What state and county do you live in?Minnesota, Hennepin County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)DOFD is 10/2009 11. What is the SOL on the debt? To find out: 6 years 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).Was served in mid-August, answered with settlement offer. Just received most recent correspondence yesterday, seemingly rejecting my offer and offering a "discovery plan." Suit has not been filed (pocket docket in MN). 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? 14 days to accept the proposed "discovery plan" - "If we do not hear from you within 14 days, we will assume the attached plan is acceptable and will present it to the Court when, and if, the case is filed." 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.The most recent letter was an answer to my settlement offer: "As such this letter is written in an effort to confer on a discovery plan and also to discuss settlement." They offered me a settlement and then attached a proposed "discovery plan" should I choose to reject the offer. The discovery plan references Rule 26.06© in MN. View Rule 26 here. ---------- My first and only attempt to settle with Asset Acceptance was just over two months ago. Shortly thereafter, I received a "summons" from Gurstel Chargo. I called Asset Acceptance and offered them a settlement, again, and they refused the settlement saying they were unable to accept payment. I responded to Gurstel Chargo's summons with a settlement offer. In the letter I just received, they refused my offer and are now proposing a "discovery plan." I am at a loss with where to begin. Coming to this forum is kind of my last-ditch effort. I cannot afford the settlement offer. I also am unsure if I can afford an attorney. Any and all help would be greatly appreciated. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 17, 2013 Report Share Posted September 17, 2013 Did you file an answer and have it served on the plaintiff. If you did, then look over the discovery plan and see if that is acceptable to you. If so, they you start discovery. If not, offer to revise the plan.Since they said no to the settlement, send them discovery requests. If the cause of action was contract, request a signed contract. If the cause of action was account stated, request proof of the computation of the balance from $0. Those things are absolute to prove their case in Minnesota. Also, if this debt is owned by a JDB, make sure the original creditor is on the summons and complaint AND request the full bill of sale.BTW, at this point, take settlement off the table. Since they refused it, that is their problem if they find out they will not win. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 17, 2013 Report Share Posted September 17, 2013 Do a search on this site using Pocket Docket and Minnesota to find more information regarding what is needed to prove a debt in Minnesota and how to do discovery. Link to comment Share on other sites More sharing options...
shellieh98 Posted September 17, 2013 Report Share Posted September 17, 2013 You rules give you definitive time lines. You answered the suit. So you have to get going on discovery right away. File you initial disclosures ASAP, and request theirs. They have said they will provide them by a certain date, but request them anyway.Yours.......You may be able to find a blank form for this on your court website. Basically you will put in the appropriate spots "defendant plans to call no witnesses except for impeachment purposes only". Under documents you can put " defendant has no documents". If you can't find a form, just make the heading like the one they sent yo for discovery plan, and include the info under that.Then you should send them a request for documents. I'm not on my computer right now, but will give you a list later.It looks like you have about 60 days to get everything completed, so start as soon as you can.Once you receive the plaintiffs initial disclosure, you have 2 weeks to file any objections to it, so be sure and post it right away so we can show you how to do that.(2) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32.01 of a deposition designated by another party under Rule 26.01©(1)(; and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26.01©(1)©. An objection not so made - except for one under Minnesota Rule of Evidence 402 or 403 - is waived unless excused by the court for good cause. Link to comment Share on other sites More sharing options...
shellieh98 Posted September 17, 2013 Report Share Posted September 17, 2013 Oh and it would be helpful if we knew the cause of action, maybe you can black out identifying info and post he summons Link to comment Share on other sites More sharing options...
DaBrks Posted September 27, 2013 Report Share Posted September 27, 2013 I just received the same letter from Gurstel Chargo today. In addition there is a page for my signature to submit to the discovery plan. I have read the rules of civil procedure for Minnesota but I am not understanding them. Can someone tell me in plain English what is happening at this juncture and how I need to go forward? One statement caught my eye...they say "If we do not hear from you within 14 days we will assume the attached plan is acceptable and will present it to the court when, and if, the case is filed.". They know I am unemployed because I was asked to submit proof which I did. I have exactly $39.96 in my bank account and they are offering to settle for $15 k in a lump sum. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted September 27, 2013 Report Share Posted September 27, 2013 Did you read the discovery plan and make sure you agreed to it? If not then it is probably too late at this point. Personally, I would have refused the plan and told them we would do discovery via the same pocket docket system that started this case. I would have them presented them with discovery.If you do not have the amount to settle, you do not have it. Your 2 options are to continue to fight or submit to the judgement. Link to comment Share on other sites More sharing options...
DaBrks Posted September 27, 2013 Report Share Posted September 27, 2013 I just received the letter today and don't know what to do. I did submit a document requesting discovery along with my original answer. Do I need to resubmit the request for discovery? Would it be helpful if I were to type out the document for my signature? Link to comment Share on other sites More sharing options...
shellieh98 Posted September 27, 2013 Report Share Posted September 27, 2013 @DaBrks I think you should start a new thread in this forum with your case info so no one gets confused as to what cases we are talking about. Post the particulars like Alte0001 did at the top, and ask questions there, we will help you. Link to comment Share on other sites More sharing options...
shellieh98 Posted September 27, 2013 Report Share Posted September 27, 2013 @alte0071 Here is a list for production of documents if you would like to use them, or there are plenty of examples around here you can use. long list of demand for documents.docx Link to comment Share on other sites More sharing options...
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