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I have a civil lawsuit against me on credit card debt. I've ask them to provide proof on debt. (Compel Discovery). They sent several copies on statements from my old credit card. Now they want me to respond to the discovery. What is the best way to answer them. I can't afford a lawyer or pay them right now. I don't want a default judgement. Please Help.

2006-09-20 01:44:57 · 10 answers · asked by mrartist69 1 in Business & Finance Credit

10 answers

I'm no lawyer, but you need to DOCUMENT something and when you send a letter to them, be sure to get a receipt with time-stamp from the post office to ensure you at a minimum replied within the time limit.

NOW....your reply might simply be "I got your discovery documents" or "I'm looking it over" or "I can't afford my own attorney"...but at least reply to them.....don't do nothing.

I'd be very surprised if there isn't some sort of "legal aid society" in your town that assists people who can't afford their own attorny. Just call your local government town hall and/or check out the "blue pages" of the phone book or "google" search...

2006-09-20 01:59:44 · answer #1 · answered by Anonymous · 1 0

Read the letter very carefully. Follow the instructions it gives you for responding. Contact them as it provides.

If there are no instructions how or what you are expected to do, then call their office and make an appointment to meet with the person in the letter. (Don't try and handle this on the phone).
Dress very professionally (as if going on a job interview); take all copies of the statements you have plus everything they sent you, including the envelope. Also take something to write down notes.

Be prepared to make a suggestion how this debt can be repaid. "not having the money" "can't pay right now", etc.. will only result in a lose-lose for you. Take your checkbook with you and be prepared to make the first payment.

Taking a positive step to repay this debt is the only way you're going to resolve this. I don't know how many other debts you're owing, but you need to rein in your spending and buy only what you need and can afford.

2006-09-20 01:54:48 · answer #2 · answered by Anonymous · 0 0

In terms of responding to discovery, you must be truthful. You don't have to provide information not specifically requested, but you must answer honestly. If the debt was paid, or partially paid, then say so, and provide proof of payment. If the debt was not paid, then you must say that.

If you still owe this money, I would suggest you contact the attorneys before this goes before a judge or arbitrator and make a settlement. You may be able to pay an amount less than that being sought by the plntff. Also, if this actually gets to the judge, they make seek court costs and atty fees. My advice...try to resolve asap.

2006-09-20 01:56:02 · answer #3 · answered by Apple21 6 · 0 0

If you don't have a lawyer, this case is probably not worth too too much money. With no lawyer, you won't know what discovery requests you can object to...like whether they are irrelevant, prejudicial, etc.

Take the doc they sent you. Your response will look like theirs at the top. Instead of Request for Discovery, your doc will be called Response to Request for Discovery. Then just do your best to respond to each request. What matters most is the substance of your response and not what it looks like. The judge will be able to tell you are making a good faith effort.

2006-09-20 01:50:50 · answer #4 · answered by Brand X 6 · 0 0

examine your credit checklist on line first. If the debt is authentic it is going to likely be on there with the lenders call and the account selection. you will want to try this as is may well be a rip-off or you're a sufferer of id theft. Now if in case you have been surpassed to collections. they'd say that one and all they have is a checklist that it needs to be paid...... and in case you probably did pay you will desire to refer to the unique creditor. additionally notice that the letter says "you would be able to" lose via default........ not "you will". So do not purely pay those human beings because it fairly is a scare tactic on the area of sequence. Now in case you owe you owe yet that way you could manage it then simply by fact the credit injury is already finished. What in case you paid collections and found out you probably did not owe? good success on getting that money lower back. So assemble further information. do not supply out financial corporation account numbers or something to the sequence corporation. If necessary visit you financial corporation or maybe outdated financial corporation and ask to your banking information.

2016-12-15 11:02:55 · answer #5 · answered by Anonymous · 0 0

First, see if Legal Aid is available where you are. Contact the local Law Institute to find out about this. It may be called the law institute, law society or similar. If you can get legal aid that will be best.

If you really have to deal with it yourself, at least try to get some advice from a community organisation - many have services for people in difficulties like this, they may be able to provide you with some advice.

Don't mess with it if you have no help and don't understand what you are doing. You could end up in worse trouble. And DO NOT ask the bank's legal people to help you out. They are not on your side.

2006-09-20 01:52:23 · answer #6 · answered by TC 4 · 0 0

Best thing to do is make a deal with the lawyers (collection agency). Tell them that you cannot afford a lawyer, or to pay the large sum of money all at once, and you may even go bankrupt.
These people naturally want their money, so chances are they will make a deal with you and arrange a payment plan.
Call them and ask if it is possible, otherwise they may try to garnish your wages or income tax refund.

2006-09-20 01:48:05 · answer #7 · answered by Elkie 2 · 1 0

I dont quite understand the question, if you have the debt,and they have proved that, all you can do is to make an offer of repayment to clear the debt

2006-09-20 01:46:51 · answer #8 · answered by SunnyDays 5 · 1 0

Negotiate a settlement. Remember, it is not in their interest to bankcrupt you. For them, something is better than nothing.

2006-09-20 01:53:33 · answer #9 · answered by Tom Cat 4 · 0 0

Welcome to Grown Folks Land!

Where not paying credit card bills can land you in court!

Who would've thunk it?

Prayer changes things.

2006-09-20 05:25:22 · answer #10 · answered by DaMan 5 · 0 1

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