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I have been dealing with my collection company's lawsuit and they want to go all the way.. they have been sending me interrogatories and all sorts of documents and I have responded back to them ...
Now. I received a case management summary from them....What should I do...
They are Winn's Law Office and they say they represent First Resoultion ....
I don't know what do or say in the case management meeting...
Please help
received case management summary
Hi borayun,
Can you give more details on this debt and the lawsuit? You will have to fill out your own case management statement, which you will get from your states Judicial Counsel site. Make two copies of this statement, and hand over one copy to the court, and the other to the plaintiff's attorney. You should attend the debt management conference.
Thanks,
Aaron
thank you Aaron..
This is for my Citi card that I had long long time ago. They brought this lawsuit leaving 4 months until the SOL (4years in California)......Winn Law Firm (who are suing me say they represent First Resolution Corporation
They have never tried to negotiate this debt with me prior to the lawsuit..they just sent me a letter saying you owe this debt and you have 30 days to pay....and then they served me with summons..
I have responded to their complaint and their special interrogatories already....I have told them that I don't recall anything about this card and that I have no involvement with First Resolution Corporation.
Now, they are trying to bring me to court and get all the debt paid from me....
I don't know what to do at the conference......
Can you give me any hints or tips to bring to the case meeting?
reply
Hi,
Can you tell whether or not you have ever tried to validate this debt?
Thanks,
Aaron
Well.they did send bunch of documents to me...credit card statements and agreement (no signature) and that I have defaulted on the terms of payment agreement....
I have sent them answer to their complaint stating that I don't recall such an account and that I had no agreement with "First Resolution" (which I think is a collection account)........
Help...Aaron..
Thanks for your help!
Also..I had few more months until the SOL applies to this account..and they brought this suit against me...
I do owe this debt..but I don't want to pay more than what I owe..I know this people purchased the debt cheap and trying to get more money than they deserve...they are not even the original creditor.....
I want to negotiate this debt into paying only half of what I owe...that is...only the prinicipal amount..
I don't want to pay not even a penny more these people
reply
Hi borayun,
As far as I understand from your posts, they haven't even provided you with the original contract with your creditor, which you had signed. They haven't even provided you with proof that they have the authority to collect this debt from you. So, if you have the proof of the debt validation letter that you had send to them, you can file a motion to dismiss this lawsuit. You can get advice from an attorney. You can even file a compliant with your State Attorney General.
Thanks,
Aaron