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Expert: Creditwrench - 6/25/2008


Question
Hello,

I'm currently preparing my answer to a complaint served 5/27. I filed and was granted an extension to file my answer.
Question: Summons was served to the new tenant at my previous address. I do not know her, however she had contacted me in regard to some mail that she had received. I moved out of that property and registered a formal change of address with the USPS on 5/22/07. Summons was dated 5/27. Is this a valid service of process?

Also, I am filing affirmative defenses for: 1. Debt not being mine; 2. Time barred for statute of limitations; and 3. Debt amount is incorrect.  I would like to know when I would file a motion for discovery? Would it be right after I file the answer (but before a court date is set)? or after the court date? Thanks for any help.

Answer
One does not file a motion for discovery. Your interrogatories, admissions and demand for production can be sent to the plaintiff's attorney at the same time you send him a copy of your first response to the summons and complaint or at any time thereafter.

Bill Bauer
405-684-9297
405-227-9423

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www.creditwrench.com/Howtodefeatdebtcollectors
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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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