What should I ask for?

[Paul Bahm]

Currently I am dealing with Discover’s word twister in court
acting PRO SE for my wife who can not hear. I provided the court with that info from a Dr. The judge is working with me surprising to make sure I get thing straight. I have file a Motion for Summery Judgment in Favor of Defendant but my mistake was I had in put it in a affirmative defense.

Working two job and trying to do this is quite taxing @ times. I have even let a old attorney friend who handled a auto wreck years ago look at the paper working before I filed it, it’s ok they said. So much for this attorney friend you just cant trusting them.

The judge told me I needed to file a motion for discover of documents.

Out side of asking for them to produce a photo copy of the original application is there anything else you all can think of. I have one or two ideas but would like to hear more.

The word twister is trying to tell me and the courts that a telemarketing report as the is the original application. My wife who the alleged card is in her name has not been able to hear for a very long time plus the maiden mane of her mother is misspelled.

I’m open for suggestions

Thanks in advance

Paul

[heyday]

I'm not at all knowledgeable on this...but...

I think you are supposed to ask for the original, not a photocopy.

[ezrhythm]

You absolutely tell them to produce the original wet ink signature. Without this they have no contract, no case.

[ThomPaine]

Obviously you have pointed out that if she cant hear and wasnt able to hear at the time the card was originated, how did the application get to her. Did they send it in the mail and she applied and sent it back? Did someone else apply in her name, etc.

It seems on the surface that if they are saying she 'applied' for a card in some way, they have to prove that she did indeed apply.

Make them provide a signed application with her signature or she is not bound to the terms of any contract or agreement. Ask for originals too, not copies as previously noted.

HTH

Thom

[masterduke]

The debt attorney is probably using the old 'account stated' line of crap to use as a hook to snag you with 'proving' that the debt is owed and valid. It is not, but if you don't know how to present this in court(the judge will not help you one bit either). Counterclaim suit "No Prior Course of Dealing" and "Unjust Enrichment" may be an idea. This goes right to heart of their bogus claim. Clear out your bank account just to be safe. Just be aware, debt attorneys are just like a dog turd that you stepped in. They can be hard to scrape off your shoe or get rid of the smell.

[heyday]

Your Discovery Motion might be entitled along the line of:

MOTION FOR ORDER COMPELLING PRODUCTION OF DOCUMENTS