Looking for some opinions

[wirlwind]

&I sent out a letter& of discovery to an attorney that has been bugging me since last fall about a revolving account that I had- Not CC, but an open line of credit accessed via checks.& It wasn't attached to an equity line- it was unsecured. About one month ago I sent a letter of discovery, and yesterday (1 day befoer the 30 days was up) I got the answer back.& The letter of discovery was sent in an affidavit form, and was filed at the courthouse.& They responded back with general mail delivery (not even certified) and most of the questions in the discovery they objected to answering- most of the time because they said the question was vague, or they were protecting their clients rights etc.& They answered nothing essentially except their name and address, and one of the questions asked if they had purchased the account from the original creditor and they answered no.& (I've since learned that they probably bought it at an auction type of procedure.)& At any rate- they were supposed to swear under penalty of perjury that all the answers were true and correct and have it signed by a notary.& They didn't.& It was just signed by the lawyer.& They sent 3 interrogatories for me and my husband and they are wanting all of our banking information for the last 5 years; tax returns for the last 10 years; copies of all loan applications for the last 5 years; internet sites that we have visited to help prepare this case; all of our stocks and bonds and securities, retiremment accounts for the last 5 years; all the tims that we have been sued or been deposed in the last 5 years; our job histories for the last 10 years, SSN's and DL #; work phone numbers; names of our supervisors at work&and our first born son!.& Who do these sewer- sucking *******s think they are?& I have never been so mad in my life.& To my knowledge there isn't a court date set yet.& I want to nail these leeches' bad. I hate them.& I would trust a drug cartel before I would ever trust the judicial system in this country.& Drug pushers are scum and we know it.& These *******s try to pass themselves off as law abiding, upstanding citizens, and they wreck as many lives- probably more if the truth was known- as drug pushers do.& I want to try and get the case dismissed.& I sent the first letter to the credit company on 4//2/01 telling them that I had discovered that there had not been full disclosure when the loan agreement was signed.&Of course I never heard anything back until we had missed a couple of payments If I use that as the termination date of the loan then I think the statute of limitations is up as far as being able to start litigation.& AS of right now there is no court date. It has been written off by the company ( I have that on credit reports) and one CRA has deleted it from the report.& I wrote this lawyer back in the fall requesting validation, and never heard anything again until the end of March or beginning of April..&It ws then that I sent the letter of discovery which had to be filed with the courthouse as well as how I pled.& They have responded back with an uncertified answer to my letter of discovery, and these 3 interrogatories that they have sent.& I have a dismissal request in some of Richard Cornforth's stuff.& Do you just go to the courthouse and tell them that you want to file it with your evidence?& I don't have sound capabilities on my computer at work, and I still don't have my home computer working, so i can't watch a video.& I'm just not sure where to start with it.&


Any opinions would be appreciated.


Donna

Do the answers to&interrogatories have to signed under penalty of perjury?& If "they" won't sign anything under penalty of perjury, why should you?


&


"They responded back with general mail delivery (not even certified) and most of the questions in the discovery they objected to answering- most of the time because they said the question was vague, or they were protecting their clients rights etc.& They answered nothing essentially except their name and address, and one of the questions asked if they had purchased the account from the original creditor and they answered no. "


Then you should asked them how the got the account.& They have a client, so what was the deal between them and the client? Maybe you should ask for the contract that they entered into with their client.


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[seeker]

Okay, so I'm kind of a hard-headed Irishman who has the Missouri "show me" Streak a mile deep -- here's what I would consider doing -- not advice, just my thoughts--


In addition to asking them for their interest in the account, how they have come to be in possession of it and obtained access to your personal information (name, address etc) ask them to supply YOU with exactly the information that they have requested from you.& Take the original letter of discovery that you sent to them and send it again, with a note saying " I am in receipt of your non-responsive reply to my letter .... please respond to the questions as written and as directed.& Additionally, as your letter requested certain personal information of mine, I would like to request the same information from you each individually and as a business entity.& In case you do not have a copy of the requested documents, they are as follows: and list them all.


Just my thoughts, but give them a run for it and make them jump through some hoops before you set it on fire.


Seeker

[Ice]

Yeah, what seeker said!& That will keep them busy for a minute.& The thing is -- if they don't answer your questions in regards to their personal finances, etc., then you don't answer their questions.& They may attempt to have the judge force you to answer... if that happens... then use the judge to force them to answer.


It becomes a stalemate.


&

[wirlwind]

Thanks for all of your opinions.& That's kind of what I had thought.& No they didn't answer my letter of discovery under penalty of perjury, even though that is the way I sent it to them.& They aren't asking me to answer their discovery letters under penalty of perjury either.& I also think that statute of limitations has run out on this.& I sent the original letter of novation to HFC on April 1, 2001 asking for verification of the debt- which of course I never received.& These attornies haven't actually starterd litigation yet.& I believe that litigation& has to be started within 3 years on an open account in Alabama.& If it comes down to it and I do end up in court on this, I will probably become very dumb, and not understand any of the questions.& Richard Cornforth says in some of his stuff that if you start feeling like you are really in over your head, you can always say that you stand on your pleading.& I don't exactly waht that means.& WE just got another letter from this same law group about a Discover card taht we terminated at the same time as we terminated this one.& They are really busy buying up these charged off accounts.


Donna

[Ice]

If they bought the accounts, you really have nothing to worry about.& A motion to dismiss should stop any action they bring against you.& Remember, the attornies are never going to put any facts on the record.


&

[wirlwind]

I feel pretty certain that these jackasses bought the accounts.& How do I prove that?& I asked them outright, and they denied it in the letter of discovery.& But the letter wasn't notarized.& I'm learning very rapidly that there is no honor amoung attornies, or judges.& They will hold our fee to the fire as far as the law is concerned, but they don't obey it themselves.& All they have produced for evidence is a copy of the contract that we allegedly signed.& To every question trying to get them to identify an account that the funds originated from they responded: Plaintiff bojects to this discovery request as being vague and unintelligible, and Plaintiff does not understand what information is being requested.& To the question Were all material facts disclosed in the written agreement? They responded:& Plaintiff objects to this discovery request as being vague and unintelligible and Plaintiff does not understand what information is being requested.& Plaintiff specifically does not understand the term "material facts" as used herein.& Plaintiff further objects to this request as being irrelvant to the cause of action in this matter, harassing and not reasonably calculated to lead to the discovery of admissible evidence.& Without waiving these objections, Plaintiff states that all required disclosures were made as an express part of the contract,& a copy of which is produced herewith.


They say I am harassing them, and they are the ones that contacted me first!& I wasn't dying to hear from them!


Donna

[wirlwind]

Bumping it back up.


Donna

keep on harrassing them, make them cry, make them wish they never heard of you...


but don't argue along the way...





jon

[rushpat]

Fight fire with fire. Go through their list and say that you don't understand what they are asking for. To really piss them off, tell them that you don't recognize them.