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answered a summons to a third party creditor, what should i expect next?


Luke1167
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Hi everybody,

 

I was recently sent a summons by a rodenburg law firm out of north Dakota who is representing portfolio recovery services for an old debt of mine.  The original creditor was citi financial who was used as a back for my Ashley furniture store card I received in Jan of 2008 for some furniture I had purchased on one of there payments plans with zero interest.  In 2009 according to my credit report portfolio bought the debt from the original credit and began to send me a letter every year asking to contact them for payment arrangement or use my tax money to pay.  I have never made contact or responded to any of these letters in the past and recently received a summons in the mail saying I was being sued for $2200  I had an attorney draft me a response and it was sent back to the attorney in north Dakota.  I am waiting to see what comes next in the mail and would like some advice on how to handle this from here since obtaining an attorney for the whole case at this post doesn't seem cost effective.  we are only at about 5 and half years since the original account defaulted so I don't think the statute of limitations apply but I am wondering if these guys would even have the correct paper work to actually file and sue me in court.  Any advice on what I should expect next and what I should respond with would be greatly appreciated.  Thank you!

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They will act like they have the correct paper work.

Have you answered plaintiffs complaint?

http://www.mncourts.gov/ruledocs/civil/RCP.htm

 

8.02 Defenses; Form of Denials

 

A party shall state in short and plain terms any defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies.  If a party is without knowledge or information sufficient to form a belief as to the truth of an averment, the party shall so state and this has the effect of a denial.  Denials shall fairly meet the substance of the averments denied.  A pleader who intends in good faith to deny only a part or to qualify an averment shall specify so much of it as is true and material and shall deny only the remainder.  Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, the pleader may make denials as specific denials of designated averments or paragraphs, or may generally deny all the averments except such designated averments or paragraphs as the pleader expressly admits.  However, a pleader who intends to controvert all its averments may do so by general denial subject to the obligations set forth in Rule 11.  

 

8.03 Affirmative Defenses     In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.  When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court, on such terms as justice may require, shall treat the pleading as if there had been a proper designation.  

 

 10.02 Paragraph; Separate Statements     All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings.  Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.  

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yes I have replied to the complaint and had an attorney draft for me. when he looked at the original summons he said it was terrible work by the collector. it had an amount stated with the last four digits of the count and then stated in another paragraph that I owed on the debt and nothing had been paid. I originally was paying before it defaulted years ago. Also wondering if the UCC statute apply at all. it was for the sale of furniture on a Ashley furniture store card and they uses citi financial as there backbone for finance. you only have four years I guess to collect on a debt for a breached contract on a sale of goods. does this fall in that category? I also wonder if they will bother to pursue the debt after responded since they probably assumed I would ignore it like the bs letters they send over the years.

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http://sherayzenlaw.com/time-limitations-on-bringing-a-contract-lawsuit-and-how-laches-may-apply/

 

 

The Rodenburg Law Firm covers all of North Dakota, Minnesota, Montana, South Dakota and Wyoming.

 

In Minnesota the statute of limitations for a breach of contract claim is six years

 

A cause of action for breach of contract generally accrues at the time of the alleged breach; however, if the other party fraudulently conceals their conduct, the statute is deemed to not have accrued until the discovery by the aggrieved party of the facts constituting the fraud. Minn. Stat. § 541.05, subd. 1(6).

 

A statute of limitations begins to run when “the cause of action accrues.” Minn. Stat. § 541.01 (2010). In other words, the limitations period “begins to run when the plaintiff can allege sufficient facts to survive a motion to dismiss for failure to state a claim upon which relief can be granted.” Antone v. Mirviss, 720 N.W.2d 331, 335 (Minn. 2006). “This showing is minimal; the plaintiff need only allege facts sufficient to state a claim, which occurs when it is possible that any evidence consistent with the plaintiff’s

 

“A cause of action for breach of contract generally accrues at the time of the alleged breach.” Jacobson v. Bd. of Trustees of the Teachers Ret. a$$’n., 627 N.W.2d 106, 110 (Minn. App. 2001) (quotation omitted), review denied (Minn. Aug. 15, 2001). “This is true even when actual damages resulting from the breach do not occur until some time afterwards or when the aggrieved party was ignorant of the facts constituting the breach.” Id.

 

 

If they sent you a summons and it was answered and you have since been ignoring the "BS letters" you should check at the courthouse to see what has happened. You might wake up and find that the plaintiff had filed for summary judgment and you owe them thousands of dollars.

 

 

 

 

 

 

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@racecar he ignored the dunning letters, then he was served, and he answered with the help of an attorney.  Now he wants the next step.

 

OP Start by reading your rules of civil procedure for minn., and focus on discovery.  Some states have disclosure, some have formal discovery to start.  Find out what your state has, and come back, we will show you how to start that process.

 

Did they send any alleged evidence with the complaint? an affidavit? bill of sale? billing statements?.Have they requested any documents from you yet? any admissions, or give you a list of questions to answer?

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The only thing that was on the summons was two paragraphs. first one stated that I had an account for Ashley furniture with citi financial and listed the last four of the account number and I owed an amount of 220O,whcih is more than the 1500 on the card when it defaulted. Next paragraph listed that I have not paid any of the amount and the credit card ha defaulted. Nothing of hard evidence in there summons. I have sent back my answer last week with the help of the attorney and he said they would likely send back something called disclosure and could send back there own discovery with a list of questions. I guess what I am looking for is what do with the disclosure when and if it shows up in the mail and how long I should fight before trying to settle on an amount with these people. If they wont be able to produce the documents to prove I own the debt and owe a certain dollar amount I would continue to keep fighting.

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http://www.mncourts.gov/ruledocs/civil/RCP.htm

 

this is where you will find your rules of civil prodedure.  It will help take you through the court process, what they can and cannot do, and what you can and cannot do.  You will have time limits on everything, so read your rules when you are going to to anything, and find your time limit.  For instance, in asking for discovery, which is what it looks like they do in minnesota, when you send off a request for discovery, they have 30 days to answer.  The same, if they send you any, you have 30 days before your answer is due.  Do not be late with anything that is due.  Here is your rule reguarding discovery

26.01 Discovery Methods 
   Parties may obtain discovery by one or more of the following methods:  depositions by oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property; for inspection  and other purposes; physical (including blood) and mental examinations; and requests for admission. 
26.02 Discovery, Scope and Limits 
   Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: 
  
   (a) In General.  Parties may obtain discovery regarding any matter, not privileged, that is relevant to a claim or defense of any party, including the existence, description, nature, custody, condition and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter.  For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action.  Relevant information sought need not be admissible at the trial if discovery appears reasonably calculated to lead to the discovery of admissible evidence. 
   The court may establish or alter the limits on the number of depositions and interrogatories and may also limit the length of depositions under Rule 30 and the number of requests under Rule 36.  The frequency or extent of use of the discovery methods otherwise permitted under these rules shall be limited by the court if it determines that: (i) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from  some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought; or (iii) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.  The court may act upon its own initiative after reasonable notice or pursuant to a motion under Rule 26.03. 
   ( Insurance Agreements.  In any action in which there is an insurance policy which may afford coverage, any party may require any other party to disclose the coverage and limits of such insurance and the amounts paid and payable thereunder and,  pursuant to Rule 34, may obtain production of the insurance policy; provided, however, that this provision will not permit such disclosed information to be introduced into evidence unless admissible on other grounds. 
   (c) Trial Preparation:  Materials.  Subject to the provisions of Rule 26.02(d) a party may obtain discovery of documents and tangible things otherwise discoverable pursuant to Rule 26.02(a) and prepared in anticipation of litigation or for trial by or for another party or by or for that other party’s representative (including the other party’s attorney, consultant, surety, indemnitor, insurer, or agent) only upon a showing that the party seeking discovery has substantial need of the materials in the preparation of the party’s case and that the party is unable without undue hardship to obtain the substantial equivalent of the materials by other means.  In ordering discovery of such materials when the required showing has been made, the court shall protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation. 
   A party may obtain without the required showing a statement concerning the action or its subject matter previously made by that party.  Upon request, a party or other person may obtain without the required showing a statement concerning the action or its subject matter previously made by that person who is not a party.  If the request is refused, the person may move for a court order.  The provisions of Rule 37.01(d) apply to the award of expenses incurred in relation to the motion.  For purposes of this paragraph, a statement previously made is (1) a written statement signed or otherwise adopted or approved by the person making it, or (2) a stenographic, mechanical, electrical, or other recording, or a transcription thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. 
   (d) Trial Preparation:  Experts.  Discovery of facts known and opinions held by experts, otherwise discoverable pursuant to Rule 26.02(a) and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: 
                   (1)(A) A party may through interrogatories require any other party to identify each person whom the other party expects to call as an expert witness at trial, to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.  ( Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and such provisions, pursuant to Rule 26.02(d)(3), concerning fees and expenses, as the court may deem appropriate. 
                   (2) A party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for trial and who is not expected to be called as a witness at trial, only as provided in Rule 35.02 or upon a showing of exceptional circumstances under which it is impracticable for 
 the party seeking discovery to obtain facts or opinions on the same subject by other means. 
                   (3) Unless manifest injustice would result, (A) the court shall require the party seeking discovery to pay the expert a reasonable fee for time spent in responding to  discovery pursuant to Rules 26.02(d)(1)( and 26.02(d)(2); and ( with respect to discovery obtained pursuant to Rule 26.02(d)(1)(, the court may require, and with respect to discovery obtained pursuant to Rule 26.02(d)(2) the court shall require, the party seeking discovery to pay the other party a fair portion of the fees and expenses reasonably incurred by the latter party in obtaining facts and opinions from the expert. 
   (e) Claims of Privilege or Protection of Trial Preparation Materials.  When a party withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material, the party shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, without revealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection. 

 

I would do a search on this forum for a list of document requests, and start by sending them a request for documents.  They will have 30 days to get the documents to you, if they do not, you can ask the court for a motion to compel, or preclude any documents they do not send you.

I like to send off admissions after I get what they have for documents back, and gear them toward what they did not provide me in the doc request.  Same for the "Rogs"  If they fail to answer the admissions, then after 30 days they are deemed admitted according to your rules. (I would still file and ask they be deemed admitted)

 

You do not have to wait for them to do anything, I would start by getting a document request together, and sending it to them, send it Certified Mail, Return Recipt Requested. (CMRRR) so they can't claim they didn't get them.  Do everything by certified mail, and don't call them on the phone.  If you want to settle with them, usually they will take less after they know they will be spending alot of time on the case.  So the further into litigation you are, the better the settlement, unless they have everything they need, then they may not want to settle at all.  We will show you how to challenge the evidence they have against you, when you get it.




			
		
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This will make them Happy Happy Happy

 

To: Lawfirm Name and address.

Pursuant to Minnesota Rules of Civil Procedure, Rules 33, 34, and 36, Defendant serves upon you and demands answers to the following interrogatories, requests for production of documents, and request for admissions. Minnesota rules provide that you must serve your separate written answers or objections to each interrogatory and request for admission within 30 days after this service.

The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of Minnesota. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below.

(1) Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

(2) If objection is made, the reasons for the objection shall be stated.

(3) If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

(4) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder.

(5) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial.

(6) A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may deny the matter or set forth reasons for not being able to admit or deny.

(7)If a document being requested was in your custody or was known to you, but is no longer available, provide a description of the document, including the contents, and set forth how the document left your possession.

(8) If after due diligence in investigating and researching a discovery request, you cannot respond fully, answer to the best of your knowledge and explain your inability to give a complete answer.

(9). Include all information within your knowledge, the knowledge of your attorneys, any past or present staff, and any investigators employed by you or your attorneys.

 

 

 

 

DEFENDANTS INTERROGATORIES TO PLAINTIFF PORTFOLIO RECOVERY

1. State the names and addresses of all persons who have knowledge of any facts relating to the case.

 

2. Identify all documents that may relate to this action, and attach copies of such document.

 

3. Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents.

 

4. Identify all correspondence between plaintiff and the defendant or its representatives, and attach copies.

 

5. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; ( b ) the name of the person by whom made; ( c ) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.

 

6. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; ( b ) the name and address of each participant; ( c ) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication.

 

 

 

7. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section.

 

8. Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

 

9. If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you. [Note that defense anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts;

 

10. Attach a copy of each Record identified in your response to Interrogatory #9.

 

11. With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment.

 

12. Identify all Records in your possession concerning the Account.

 

13. Attach a copy of each Record identified in your response to Interrogatory #12.

 

 

14. Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account.

 

 

 

15. Attach a copy of each request identified in your response to Interrogatory #14.

 

16. Attach a complete copy of the response you received for each request identified in your response to Interrogatory #14.

 

17. What is the date on which the Account went into default?

 

18. What is the date of the Account’s last billing statement?

 

19. Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement.

 

20. State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be.

 

21. State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record.

 

22. State the name of each Natural Person known to you or to your attorneys who can establish that it was the regular practice of the business which created each Computer Record to make it.

 

23. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person.

 

 

 

24. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made by a business whose regular practice was make that type or kind of Business Record.

 

25. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was in fact made in the regular course of the business which made it.

 

26. Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached.

 

27. For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature.

 

28. Attach a copy of each Record relied on or used by each Declarant in preparing his or her Sworn Statement and indicate in the space below that the requested items are attached or state the reason why it is not attached.

 

29. State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by each Declarant on the same date as the Declarant’s Sworn Statement.

 

30. If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached.

 

 

 

31. Attach a copy of Defendant’s application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone.

 

32. Were there written terms and conditions which governed the Account at the time the Account was opened?

 

33. Were the written terms and conditions which governed the Account at the time the Account was opened changed, modified, amended or replaced at any time after the Account was opened?

 

34. If you contend that Defendant’s payment obligations on the Account arose out of transactions other than transactions in which the money, property, insurance or services which are the subject of the transactions are primarily for personal, family or household purposes, then state the factual basis for your contention.

 

35. Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. § 1637(a)(1) through (8) (to the extent applicable) was disclosed to Defendant before the Account was opened.

 

36. Identify and produce a copy of all documents which you understand as constituting written notice of an increase in the Account’s annual percentage rate in accordance with 15 U.S.C. § 1637(i).

 

37. Do you have any claims against Defendant other than those arising out of the Account?

 

 

 

38. Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

 

39. What is the full name, job title and work address of the Natural Person who certified the answers to these interrogatories on your behalf?

 

 

 

 

[END OF INTERROGATORIES]

 

RESPONDING PARTY’S CERTIFICATION TO ANSWERS TO INTEROGATORIES

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.

Date

Print Name and Title Below Signature ______________________________

_______________________________

Date

Your name

Defendant, pro se

Your Address

Telephone:

 

 

Pursuant to Minnesota Rules of Civil Procedure, Rules 33, 34, and 36, Defendant serves upon you and demands answers to the following interrogatories, requests for production of documents, and request for admissions. Minnesota rules provide that you must serve your separate written answers or objections to each interrogatory and request for admission within 30 days after this service.

The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of Minnesota. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below.

(1) Each matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney.

(2) If objection is made, the reasons for the objection shall be stated.

(3) If not admitted, your answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter.

(4) A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder.

(5) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial.

(e) A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may deny the matter or set forth reasons for not being able to admit or deny.

DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A) "Account" means the indebtedness alleged in your Complaint.

( B )"Original Creditor" is the Person with whom the Account was originally created for Defendant.

ADMISSION REQUESTS

1. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any written agreement governing the Account.

___ADMIT ___DENY

2. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any billing statement for the Account.

___ADMIT ___DENY

3. Plaintiff has no personal knowledge as to why the Original Creditor entered any transaction, debit, credit or charge on any billing statement for the Account.

___ADMIT ___DENY

4. Neither Plaintiff nor its attorney(s) possess an affidavit, certificate or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account.

___ADMIT ___DENY

5. Plaintiff’s right to acquire documents from the Original Creditor about the Account is governed by the written agreement under which Plaintiff acquired the Account.

___ADMIT ___DENY

Signed by Responding Party’s (CHECK ONE) ____ authorized agent _____ Attorney

 

Date

Your name

Defendant, pro se

Your Address

Telephone:

 

DEFENDANTS PRODUCTION OF DOCUMENTS TO PLAINTIFF PORTFOLIO RECOVERY

 

DEFINITIONS

The following words, when used has the designated meaning:

(A) "Account" means the indebtedness alleged in your Complaint.

( B ) "Original Creditor" is the Person with whom the Account was originally created for Defendant.

1. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

2. The forward flow or media document(s) governing this transaction.

 

3. Proof of mailing of monthly statements to defendant.

 

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

 

5.The original signed application establishing the account.

 

 

Date

Your name

Defendant, pro se

Your Address

Telephone:

 

End of discovery

 

 

 

 

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been fumished by Certified U.S. Mail Return Receipt Requested this day of September 23, 2013 To All counsel of record, see attached mailing list.

Attorneys Name and address Here

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You should have a court date in your complaint.

Wake them up send them some discovery to answer for you.

Don't sit around and wait on them to move.

File a copy of discovery with the court and send discovery to the plaintiff.

You have to do some work to make them dismiss your case.

If you sit around and do nothing you will wake up to a motion of summary judgment.

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They will send you discovery to be answered and you should send them discovery to learn about what evidence they have against you.

You might check and see at the courthouse if they have filed anything.

Did your summons state that you have 20 days to answer, and if You do not answer you will lose the lawsuit by default?

The summons and complaint you received is the start of a lawsuit.

Your state uses pocket service I forgot about that.

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yeah I just looked online and I didn't find anything filed yet so not sure what they are doing...everything that is under this attorneys name is won by default judgment with an exception of maybe 5% who have called and made some payment arrangement. I have never spoke with this portfolio or this attorney and had my first interaction with them when I responded to the summons...hopefully a good chance to fight it and they will dismiss it. Do they need to file with the court in order to serve me a discovery document?

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I HAVENT RECIEVED ANYTHING AS OF YET. I MAILED THE ANSWER BACK TO THESE GUYS LAST MONDAY (16TH) AND WAS WATING TO HEAR WHAT HAVE TO SAY. HOW LONG DOES IT USUALLY TAKE THEM TO ANSWER BACK?

you said you mailed them your answer, did you file it with the court too?  You need to answer it with the court or they can get a default judgement.

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You file your answer with the court, and send them a copy cmrrr. 

discovery does not have to be filed with the court usually, check your rules under discovery, most states you just send the requests directly to them, and some courts want you to file a proof of service with the court, some don't but you don't file the actual discovery papers with the court unless they tell you too.

 

Racecar gave you good discovery requests, type them out on paper, and send them to the attorney of portfollio.  They have 30 days to answer, and yes it's to make them do lots of work, also it will tell you what they have and what they don't.  If they send you any discovery, post it here and we will help you answer it.

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I had my attorney I hired to draft it on my behalf and then walked to the mail box with me and sent it on its way. He also had me file out an affidavit and he notarized it stating the complaint was answered. I can give him a call if this is a concern that he needs to file with the court but being an active debt attorney I assume he would know.

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The attorney that helped me draft the answer told me when I just spoke to him that since they have not filed in court yet I am not required to file my answer and affidavit. once they file in court I will get notice of that and he said at that point I file my answer and affidavit.

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