MikeJones Posted May 14, 2018 Report Share Posted May 14, 2018 In question is a debt of $12,000 from an old Citibank card charged off July 2012, junk collector Cavalry SPV is now pursuing me. Case is ongoing in my municipality in Ohio. I have answered all of their requests and interrogatories and attended a pre trial conference May 2. I believe I caught them offguard as they assigned a new local lawyer that very morning. At the Pretrial I denied everything and the Cavalry Lawyer kept badgering me for my birthdate and social security, I simply stated you guys should already have this and know who I am. Long story short, the Judge asked Cavalry as to where is the signed contract? The Cavalry attorney pulled out 100’s of pages of statements, 4 years worth showing my name. The Judge smirked and asked, again, where is the signed contract to show the defendant is the owner, the Cavalry Attorney sat silent. To which the Judge scheduled yet another pre-trial in June. Being a novice pro se, I immediately the next day filed a request for production, the first request was to “produce any credit application signed by the defendant”. Today I did indeed receive a response to my request that states, “Objection the request calls for the production of documents in excess of the two year record retention period set forth in CFR 226.25 Plaintiff states that it is not in possession of any document which may be responsive to this request.” So now my question is, do I wait for the next pretrial and see what the Judge says, or in the meantime file a more definitive motion? Their evidence is 4 years of credit card statments from 2008-2012. Card charged off July 2012. I highly doubt they are in possession of any signed contract, whether it be physical or electronic. What is the best course of action? Quote Link to comment Share on other sites More sharing options...
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