IDon'tOweThis

Need Sample Defendant's Discovery TO JDB (not how to respond to Plaintiff's)

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Hi,

 

I have been sued by LVNV on an alleged debt that I know nothing about.  Please see my answers to the standard questions below.

 

I filed and served my Answer/Affirmative Defenses before the deadline.

 

The case was filed in the Travis County Justice Court, which does not allow pre-trial discovery without permission from the court. Although the court, under the rules, may grant a motion to allow discovery without hearing, this judge has set a hearing date.  So far, I have not received any response from LVNV.

 

I need form/sample interrogatories, requests for production, and requests for admission. I would love some with the instructions, definitions, etc!

 

Is there anyone here who would be willing to post or PM me those?  The more professional, the better!  I have done pretty good so far at adapting what I find (instead of just blind cut and pasting), but discovery is a little more complex and I want to make sure that the judge doesn't get annoyed because I'm a pro se defendant.  I've done a lot of searching here, but the links to relevant Defendant --> Plaintiff discovery all seem to be old and broken. (Versus "Here's how to answer the JDB's discovery" samples.)  I want to be on the offensive.

 

As an aside, I don't think I owe this.  I've always paid my loans and credit cards on time (not judging anyone else, just saying that I think this is a bogus lawsuit so I want to "knock this one out of the park.")  And in the very unlikely event that I somehow didn't pay something, and never received any statements or demands for payments or collections for 10 years (the Complaint alleges the account was opened in 2005), I haven't held/used ANY credit cards for more than 4 years before the complaint was filed.  I've only used a debit card for the past 5+ years.

 

Thanks!

 

Answers to Standard Questions:

 

1. Who is the named plaintiff in the suit?
LVNV

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

Scott, Parnell & Associates, P.C.

 

 

3. How much are you being sued for?
Approximately $3,500

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

5. How do you know you are being sued? (You were served, right?)
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?
None

9. What state and county do you live in?
Travis County, TX

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Not even sure what this account is.  I haven't held a credit card (charged or paid on) in more than 4 years before the date of service and filing of the complaint.  I have never left a debt unpaid as far as I know.
 

11. What is the SOL on the debt?: 

4 years

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

Complaint Filed and Served (1 page form with very little info.)

Answer and Affirmative Defenses filed and served

Motion to Allow Defendant to Conduct Limited Written Discovery filed and served, hearing set 2 days from today, no opposition filed/served by LVNV yet.

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

No.  How do I do this?

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.  Didn't even know of the existence of the alleged debt before the suit was filed.

15. How long do you have to respond to the suit? 

I don't recall, but the Answer and Affirmative Defenses were timely filed.

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

None.  The Complaint was a 1 page form.

 

 

(Edited for typo)

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