Husband got served with a suit. He was actually mailed a summons and we received it on April 1, 2013 (I know April Fools Day). Anyway,they mailed it out on March 27 and I saved the envelope and summons. On April 2, they sent a letter stating he had FAILED to answer the summons and they would be persuing judgement and they wanted to settle for 70% of the bill for like $900. They are saying he owes $1300 with interest and fees. On April 4, they again sent another letter and demanded payment. On April 5th, I filed an answer for him with the court and mailed by certified mail rrr an answer for him to them. I also had a list of 24 defenses. The only thing he admits to is his name and where he lives. We also included a letter that stated that we had received the other two letters, that he had not failed to answer the original summons as it was dated March 27. That he had received it on April 1. That he had 10 days to answer it. He was well within the answer period. The answer period ends on April 11. Today they sent a letter for Notice to admit truth of facts. They want this notarized. I don't think this is an issue because they still have not provided a single piece of documentation that he owes a debt. We sent a debt validation letter on Friday April 12 by CMRRR. So it will all be deny because he cannot confirm or deny due to them not providing any evidence except for his residence. They also sent a demand for interogatories. They want us to identify every defense, produce every person that will testify, identify every document that we plan to use to support, set forth the amount that plaintiff admits to owing, state whether or not we owe the plaintiff, Answer for every negative the credits and deductions on it, provide our bank statements from 2010 to present, provide copies of my husbands license and passport showing two signatures, did we notify them of a dispute, problems with mail and did we notify the post office, this sort of thing. I plan to turn it around and send my own list of interrogatories to them immediately to include all of the above to them. However, how do I go about answering this for them. Do I have to provide this information to them. These people are crooks. I do not want to turn over our bank accounts or my husbands signature to them or our mortgage documents!!!! HELP
Oh and I plan on filing a motion to dismiss because they have not provided any evidence. I found a good motion on the web to file.
Silly question, but does he owe the debt?
No he doesn't owe the debt. He paid it off several years ago. Course I have been looking through our files for proof of it. We have paid off most of our debts as we had payment plans through all of our creditors several years ago when I got sick with lupus and we had credit issues because of medical bills. Everything was negotiated with 0% to little interest. Almost everything was paid off when I got a settlement from a car accident. The things that were not paid off, we are current on payment plans with with the original creditor. So I don't know where this is coming from. I have done some research. I can answer the interogatories with an objection and that it is not relevant to this case, that it is vague and ambiguous or some answer to that effect. I do plan on sending them an interogatories. I suspect they will answer theirs the same I plan to answer mine. I am planning on filing a countersuit for a violation. Which essentially wipes out their suit. In addition, I have filed a debt validation letter and they continue to try and collect. I have been doing a lot of research tonight. Surprised that they are willing to come this far to persue something like this that is not valid. But ok.
type of debt - they are saying he owes a credit card he does not owe on. I pay all the bills and have since we were married 17 years ago.