Wednesday, October 21, 2009

How do I respond in a letter to the lawyers on the discovery, that they sent me, on my credit card debt?

I have a civil lawsuit against me on credit card debt. I've ask them to provide proof on debt. (Compel Discovery). They sent several copies on statements from my old credit card. Now they want me to respond to the discovery. What is the best way to answer them. I can't afford a lawyer or pay them right now. I don't want a default judgement. Please Help.

How do I respond in a letter to the lawyers on the discovery, that they sent me, on my credit card debt?
I'm no lawyer, but you need to DOCUMENT something and when you send a letter to them, be sure to get a receipt with time-stamp from the post office to ensure you at a minimum replied within the time limit.





NOW....your reply might simply be "I got your discovery documents" or "I'm looking it over" or "I can't afford my own attorney"...but at least reply to them.....don't do nothing.





I'd be very surprised if there isn't some sort of "legal aid society" in your town that assists people who can't afford their own attorny. Just call your local government town hall and/or check out the "blue pages" of the phone book or "google" search...
Reply:Read the letter very carefully. Follow the instructions it gives you for responding. Contact them as it provides.





If there are no instructions how or what you are expected to do, then call their office and make an appointment to meet with the person in the letter. (Don't try and handle this on the phone).


Dress very professionally (as if going on a job interview); take all copies of the statements you have plus everything they sent you, including the envelope. Also take something to write down notes.





Be prepared to make a suggestion how this debt can be repaid. "not having the money" "can't pay right now", etc.. will only result in a lose-lose for you. Take your checkbook with you and be prepared to make the first payment.





Taking a positive step to repay this debt is the only way you're going to resolve this. I don't know how many other debts you're owing, but you need to rein in your spending and buy only what you need and can afford.
Reply:In terms of responding to discovery, you must be truthful. You don't have to provide information not specifically requested, but you must answer honestly. If the debt was paid, or partially paid, then say so, and provide proof of payment. If the debt was not paid, then you must say that.





If you still owe this money, I would suggest you contact the attorneys before this goes before a judge or arbitrator and make a settlement. You may be able to pay an amount less than that being sought by the plntff. Also, if this actually gets to the judge, they make seek court costs and atty fees. My advice...try to resolve asap.
Reply:If you don't have a lawyer, this case is probably not worth too too much money. With no lawyer, you won't know what discovery requests you can object to...like whether they are irrelevant, prejudicial, etc.





Take the doc they sent you. Your response will look like theirs at the top. Instead of Request for Discovery, your doc will be called Response to Request for Discovery. Then just do your best to respond to each request. What matters most is the substance of your response and not what it looks like. The judge will be able to tell you are making a good faith effort.
Reply:I dont quite understand the question, if you have the debt,and they have proved that, all you can do is to make an offer of repayment to clear the debt
Reply:Welcome to Grown Folks Land!





Where not paying credit card bills can land you in court!





Who would've thunk it?





Prayer changes things.
Reply:First, see if Legal Aid is available where you are. Contact the local Law Institute to find out about this. It may be called the law institute, law society or similar. If you can get legal aid that will be best.





If you really have to deal with it yourself, at least try to get some advice from a community organisation - many have services for people in difficulties like this, they may be able to provide you with some advice.





Don't mess with it if you have no help and don't understand what you are doing. You could end up in worse trouble. And DO NOT ask the bank's legal people to help you out. They are not on your side.
Reply:Negotiate a settlement. Remember, it is not in their interest to bankcrupt you. For them, something is better than nothing.
Reply:Best thing to do is make a deal with the lawyers (collection agency). Tell them that you cannot afford a lawyer, or to pay the large sum of money all at once, and you may even go bankrupt.


These people naturally want their money, so chances are they will make a deal with you and arrange a payment plan.


Call them and ask if it is possible, otherwise they may try to garnish your wages or income tax refund.


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