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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default How Do You Answer a Collections Lawsuit

    My question involves court procedures for the state of: Alabama

    HI,

    I was served a complaint by Coast Mitigation & Associates for a CC debt by HSBC that was charged off 12/08.
    I had never recieved nothing in the mail by the Plaintiff's prior to being served. My supervisor got a call at work in Jan/12 and was informed about serving some papers and gave me number and info to call about. I called and spoke to a Dean Perry and told him i have never recieved nothing on this and to send me out some account info and verification then i would get back. He would not give no info and refused to give address. I told him i would not give out any information or pay nothing until i know who im dealing with. I looked up the name and found pages and pages of distrubing things about this company or who they claim to be. They never seny any account information and on March 16th i was served the papers at home,
    I sent my Deny answer to the court and a copy of it along with a debt validation to them. I have read into some things and seen about a motion to discovery but am confused on this. When should i send it? When i hear back with a date from the court or 30 days if i don't hear back or recieve nothing from the Plaintiff?

    Anything of interst or help would be appreciated.

  2. #2
    Join Date
    May 2011
    Posts
    638

    Default Re: Anserwing a Complaint Need

    What were you served? What is it?

    I can't find a time when you may request discovery. I'd go ahead and send it, also sending a copy to the court. Find a copy of an Alabama request for discovery even if you have to go to the clerks office and dig through some completed files. You want the form, signature, and proof of service to be correct.

    Here are the Alabama rules for discovery. Again, I don't see a time prohibition. LINK

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,915

    Default Re: Anserwing a Complaint Need

    Discovery is governed by court rules. If you want to know what discovery is available in a given court, read the court rules for that court.

    A charge-off is an accounting entry and has nothing to do with your continued obligation to repay a debt.

  4. #4
    Join Date
    May 2011
    Posts
    638

    Default Re: Anserwing a Complaint Need

    Good answers.

    These links are more direct. Discovery 1 Discovery 2

    While the debt is still owed and merely charged off the books as an asset, the debtor will want to know if the plaintiff has sufficient documents proving the debt and proper assigned rights to collect. I would request all such documents in a request for discovery.

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