Need Advice On What Do Next

**TipToe** · 05-08-2008, 07:21 PM

My question involves collection proceedings in the State of: Mississippi

I had a credit card with Chase, They reported it as charged off 02/2005. I know that it was delinquent for several months prior to this. Not sure how many months, however. Chase then sold it to a collection company 03/04/2005. THAT company sold it to another company on 10/02/2006. This company is in the processing of suing me.

I received a summons and answered and filed it with the Circuit Clerk of my county on 2/20/2008. On 4/10/2008 I received another set of questions which I am in the process of answering. On 4/27/2008 I sent the law firm a letter requesting a debt verification of the debt. I have not received this as of today. I sent it certified mail and filed a it with the Circuit Clerk also. It is my understanding that nothing else can happen until I receive this.

I believe that this debt is not valid because of the SOL having passed. How do I file a Motion for Dismissal with Prejudice? Do I just write a letter asking for this and file it with the Circuit Clerk with a copy going to the lawyers?

I have another question as to how to answer the second set of questions. What questions have to be answered? They lawyers are asking for financial records that I no longer have. Do I just say that I no longer have them? They also are asking for the names, addresses, employment, etc of any person I have talked to this about. Can I refuse?

Thanks for any help.

**Mr. Knowitall** · 05-10-2008, 07:43 AM

You need to read the Mississippi Rules of Civil Procedure (PDF), and check with the court in which the suit is pending to see if there are additional local court rules that apply (they may be listed here under "Rules" - "Local Circuit Court Rules"). The court rules include some model pleadings, which should help you figure out how to prepare your own. Although I'm not saying to look only at those rules, take a look at Rules 11 and 12 regarding motions, and Rules 33 and 34 pertaining to interrogatories and requests for production.

**TipToe** · 05-23-2008, 06:54 PM

Thanks for the advice. Sorry that it has taken me so long to respond, but I have had computer trouble.

I did file a motion for dismissal because of the SOL being past, but have heard nothing from that as of yet.

Am going over to the section you suggested now.