Expert: Creditwrench - 11/2/2008

Question
QUESTION: For clarity purposes: Served with a complaint; my daughter was sick, missed deadline to file answer; motion done, judgment dismissed and answer filed.

I am doing interrogatories to the attorney rep the bad debt collector LVNV Funding LLC a/p/o citifinancial LLC vs. myself.

Now, I can serve them and I've answered theirs, denying everything because I don't have any validation of the debt, however I'm very nervous as to what I need to be doing next. OR what questions I should be asking of "them".

After they answer my questions, what do I do after that?

Thank you...

ANSWER: count on the fact that they won't provide any answers that make any sense to you or that you might possibly use to your benefit. Getting answers out of a lawyer is about like trying to pull the teeth out of a shark. Getting any validation out of LVNV is also going to prove to be nearly impossible.

You should study your rules of civil procedure to find out what to do about it. Rules of Procedure will tell you exactly what to do about it.


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QUESTION: Thank you creditwrench (nice name) the civil rules are available online however ... I'm not well versed in special civil part, civil division law. So... If I'm reading what you're saying correctly, then I would do a motion to dismiss based on a lack of discovery. Is that right? I was told I could do a motion for summary judgment if I'm not provided the documentation but I have to say, I'm nervous as all get out about this.  I hear that attorney's have a class on evasive communication. LOL :)  I would think thats right in line with what you said in your reply.

LVNV for clarity is a bad debt collector right? And so... are you saying that if they can't validate the debt that there is a good chance that I can have this dismissed?

Unfortunately, the rules of court don't exactly point out what I need to put in a motion for dismissal ... or how exactly to do it. I did do a motion, as I mentioned above, and that was granted. I was very pleased.

This one however, with the expertise of the attorney who does these on a daily basis, is unnerving me quite a bit. Would you suggest that I go to a law library? AND if so, what would I look up to defend my case? I am surely in need of "where" and "what" to look for to defend my case.

Thank you so much for your responses.  

Answer
If I'm reading what you're saying correctly, then I would do a motion to dismiss based on a lack of discovery. Is that right? I was told I could do a motion for summary judgment if I'm not provided the documentation

I suppose you could do a motion to dismiss based on whatever you want but I doubt you would have much luck getting it approved by the court.
You might do better with a motion to compel but again I would check my rules of procedure to see what you have to do before you can file such a motion.
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LVNV for clarity is a bad debt collector right? And so... are you saying that if they can't validate the debt that there is a good chance that I can have this dismissed?

Depends on the judge more than anything. Most judges won't dismiss simply because they can't validate the debt.
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Unfortunately, the rules of court don't exactly point out what I need to put in a motion for dismissal ... or how exactly to do it. I did do a motion, as I mentioned above, and that was granted. I was very pleased.

Most of those who are doing this kind of thing have taken courses on motion writing. Even then they still have to rely on including whatever comes to mind as being the proper way to word their motions.
I don't know of any hard and fast rules telling us what to say or how to say it.
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This one however, with the expertise of the attorney who does these on a daily basis, is unnerving me quite a bit. Would you suggest that I go to a law library? AND if so, what would I look up to defend my case? I am surely in need of "where" and "what" to look for to defend my case.

Law libraries are great for looking up stuff when you already know what you are looking for or at least have a pretty good idea of what you are looking for but if you don't then they probably won't help you.