What is this and what do I do?

[Anonymous]

I DV'd a collection agency for an item on my credit report. I sent it CMRRR. I got my card back on      8-13-08 they signed for the letter on 8-12-08. I used the "template" from this website requesting for information regarding this account. Today I receive in the mail a "REQUEST FOR PRODUCTION TO NON-PARTY" from an old apartment complex I used t live in. The letter states:

Me vs. Apartment complex

Plaintiff, by councel,pursuant to trial rule 34(c), request the Indiana department of Workforce Development, a nonparty to this action, to produce the following, by mail directly to attorney XXX, within 30 days herof, the following: a written copy of any information within your department knowledge relating to the current emplyer, and address of that employer, of the defendant. You are entitled to security against damages resulting from your response to the request. You may respond to this request by submitting to its terms, by proposing different terms, by objection specificall or generrally to this request within 30 days, or by moving to quash under rule 45 (b) Sbpoena duces tecum attached.

MOTION TO ALLOW DICOVERY

Me vs Apartment Complex

The judgment plaintiff, by counsel, moves the court for an oder allowing a request for production to non-party Indian department of workforce development, in assistance and in aid of collection of the outstanding judgment herin pursuant to Indiana law.

What just

[Anonymous]

Do they actually have a judgment against you, or just a collection?

[dizzier]

i will leave the real answers to those more experienced members of this board, because i don't know i whole lot about DV, but what I can tell (having worked for an attorney) is that they are just trying to scare you with paper.

you are only require to execute discovery and follow discovery rules if you have filed suit in court or been party to a suit against your apartment complex. they cannot make any motions etc. you are not held to those statutes, etc. they are blowing smoke and providing you with a non-answer.

so, if you haven't filed suit, then there is nothing to be worried about.

as to what to do next... you'll have to wait for a reply from someone more experienced with this.

ETA: TNWM beings up a very good question. Is there a pending judgement against you? It seems very unlikely since they are listing you as the plaintiff and not their client! is there a case number assigned? if there is, you can call the clerk's office and get details on the judgment (if it exists, which it very well may not).

Message Edited by dizzier on 08-21-2008 06:43 PM

[Anonymous]

Just pulled credit report and no judgement just the collection.

[Anonymous]

Yes in the paperwork they sent me there is a case number. There paperwork was filled out on 8-20-08

[Anonymous]

Anyone else have any ideas/suggestions/comments?

[Anonymous]

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@Anonymous wrote:

Anyone else have any ideas/suggestions/comments?

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It does sound as though (to me, at least) that they have filed against you.

I think the disconnect is that in the first post, your post made it seem that YOU were the plaintiff. Are you? I'm thinking that you're not ...

If you're not, you REALLY need to call the originating court and find out what the status is ... conversely, you can see if the originating court has the info online. You can usually search using either the case number, your name, or plaintiff's name(s) as criteria.

To me, it sounds as though since you've DVed them, and they have a case against you filed (though, more than likely, since it's so new -- filed two days ago -- you've not been served yet), so they're declaring your DV as a request for Discovery. Something that I'm 99% sure they have to file with the court (that you responded to THEM seeking Discovery).

Are you in a position to pay this debt off before the actual court date? Even if you can't, you MUST appear. If you appear, you might be able to request a continuance ... during which you might be able to save enough $$ to pay the debt, or come to settlement terms with the plaintiff.

But I'm pretty sure that the letter you received is essentially the plaintiff reporting to you AND the court that you've asked for discovery ... which MAY reduce your chances of getting a continuance on the basis of NEED of discovery. Meaning, you could have asked for one for time for you to find out what proof they have -- that you needed more time to verify their proof.

I'd look to be served within the next 60 days. I'm very, very, sorry. I honestly hope I'm wrong ... but I don't think I am.

[Anonymous]

Yes I too think I'm the Plantiff on this. I'm not suing anyone just trying to DV. This account got on my CR 4-05 but it just got "actually" listed on my report I pulled 6-08 thats why I DV'd it. I've been pulling my reports since 9-06 and its nver been on there ( and yes I have my old copies of CR).

Me vs Apartment Comples by collectio asignee XYZ (the company I DV'd)

I really don't have the full amount $778 so I'm hoping if I do have to pay we can work something out.

[dizzier]

bigmomma, you must i repeat must contact the court listed on the motion, provide the case number and see if this case really exists. If it does, you will have court dates and discovery rules you must follow or there will be an automatic judgement against you.

get on the phone or online and contact the court.

if they are listing you as the plaintiff then there is definitely something fishy going on, but you need to know for absolute sure. you don't have time to wait around on this!