My question involves collection proceedings in the State of: Louisiana
I have filed an answer to a credit card debt collection lawsuit. I checked the public records and I was part of the first volley of 47 suits in my parish. Only 6 other people have filed an answer thus far and most of the suits already have a default judgement. 2 people filed answers to their suit about 5 weeks ago and there are no other motions on those cases since.
My question is this: What should my next step be in trying to get this ended assuming the collection company doesn't have the required documents to actually go to trial with? I assume they are either just going to let these cases sit or bring things about on their own schedule since they are not local. Neither of which I want to let happen.
Should I file Discovery and hope they do not answer then file a Motion for Summary Judgement? Or should I go ahead and file a Motion for Summary Judgement and hope that they do not respond to it? Or perhaps both at the same time? Do I have to file Discovery on a document before I use lack of that document to attemp a Summary Judgement? Example.. I claim no prior dealings with the defendant as my motion for judgement without first asking for Discovery of said documents.
Thanks for anyone that has any thoughts on a the best way to proceed.