cg108 - may I ask some more ?s

iVillage Member
Registered: 04-04-2003
cg108 - may I ask some more ?s
1
Wed, 08-29-2007 - 10:12pm

I have looked everywhere for an answer & can't find one.

Still confused about this validation letter thing - is the company you are sending letter to obligated by law to submit the documents requested within a certain amount of time? What is the time period? I'm questioning my lawsuit again.

Can I recap?

~Debt validation letter sent to MRC (supposed debt owner) on 8-2.
~Court was on 8-28.
~Their attorney continued case to 10-30 telling judge I requested some docs - unsure if he was referring to my 8-2 letter or the "answer" I filed w/courthouse on 8-28 requesting debt validation.

Questions:
1 - Can I do anything before 10-30 to get this case dismissed?
2 - If they can't proove debt validation can I ask judge to award me reimbursement for the court costs I incurred - the $132 I paid to file my answer? I live in IL.
3 - How can I find out when they purchased the debt?
4 - Affidavit w/summons states "final statement of account shows defendanted owed $3,000 on 6-30-03" - does that indicate that is when they bought the debt or when I last paid?

Sorry again - your help & knowledge is greatly appreciated :-)

Community Leader
Registered: 07-26-1999
Thu, 08-30-2007 - 4:13pm

I thought I would jump in and answer a few of your questions, I can't answer them all though.

1 - Can I do anything before 10-30 to get this case dismissed? nope, they brought suit on you, so unless they voluntarily dismiss it you'll just have to wait until the 10-30 hearing.

2 - If they can't proove debt validation can I ask judge to award me reimbursement for the court costs I incurred - the $132 I paid to file my answer? I live in IL. - You can always ask, it doesn't always get granted, but it never hurts to ask.

3 - How can I find out when they purchased the debt? - you can send them what is call Interrogatories, which are questions that they need to answer, and Requests for Production of Documents, which is what is sounds like, requests for htem to send you the documentation you ask for. In most states this is a pleading that is sent directly to the attorneys/participants of the lawsuit, not filed with the court. But again, something to call the clerk and check to make sure. Each state is different on their rules of discovery, but basically you send them the requests and then they have a certain amount of time to respond which varies by state. In Michigan it was 28 days, in Texas its 20 days. You will have to look up the discovery rules for your state to find out what it is. They can ask you for an extention of time to answer, but if they have it already (documentation) they shouldn't need one.

4 - Affidavit w/summons states "final statement of account shows defendanted owed $3,000 on 6-30-03" - does that indicate that is when they bought the debt or when I last paid? - If you send them interrogatories/requests to produce you can ask them for an accounting which should show exactly all payments and charges on the account and that should answer your question. Normally when they file a complaint they will include all that as an exhibit, it sounds like they did not do this so you need to ask them for a breakdown of the account. What you want to do is, in case they end up coming up with the validation documents, have any past statements on this account, including any and all payments you made, cancelled checks, receipts, etc. so that if their accounting does not mesh with yours you have some back up.

Carolyn may have more to add. HTH, Tracy

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