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after sending an answer to a motion and requesting debt verification from CA; i received a court date from the court. i never received debt validation from the CA.
however now the CA sent me interrogatories; not from the court but directly from CA.
do i have to answer the interrogatories? even if they are not sent by the court.
also i want to know how do i ammend an answer; i need to include a credit report showing that SOL is expired and the amount of debt; which is diff than what the CA has reported.
can i get the court to dismiss the case since SOL is expired?
should i represent myself in court. will an old credit report be enough to proof sol is expired and deb is time barred. thanks
help; i received a summon and now interrogatories from CA
At first, you should give a reply to the court summons. Since the collection agency didn’t validate the debt, so you need not to give answer the interrogatories. You should present to the court hearing date. You can inform the court regarding this matter and also enclose the copy of the debt validation letter. As the SOL period has expired, so the collection agency can’t take any legal action against you. You can show your old credit report before the court to prove that the SOL period has expired and the debt amount is different than what the collection agency has reported. You may also request the court to dismiss the case since the SOL period has expired.
i did answer the summon; and today i'm sending an amended answer to include a copy of the credit report showing status date and amount; and requesting dismissal of case due to expired SOL and the fact that CA didn't provide any debt validation.
also i'm sending a third request to CA for DV.
let's hope this will due the trick; if the CA insist on fighting ; i am going to hire a lawyer and file a counterclaim and report them to all the boards.
any further advice will be appreciated. thanks