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  1. #1
    Join Date
    Nov 2010
    Posts
    9

    Default Creditor Has No Documentation of Debt, Says They Will Produce it when Available

    My question involves collection proceedings in the State of: Texas

    I am in the discovery phase of a lawsuit, and am trying to do it Pro Se. I have asked the Plaintiff (not original creditor, but now they own the debt) to provide copies of the credit card application, charges, calculation of fees etc. and they have responded:

    "To the extent such document exists, all documents responsive to this request will be produced when they are in the possession, custody, or control of Plaintiff."

    Their only "proof" right now is an Affidavit of Indebtedness from a previous owner/collector (not original creditor). Can I file a motion to dismiss since they don't have any real evidence? What would be best way to proceed? (Affidavit has been provided during "Production" discovery).

    Thanks!!!!!!!!!!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Creditor Has No Documentation of Debt, Says They Will Produce it when Available

    If they don't have sufficient evidence to prove that you owe money then yes, it makes sense to move for summary disposition based upon the fact that they cannot present a prima facie case for their lawsuit against you.

  3. #3
    Join Date
    Nov 2010
    Posts
    9

    Default Re: Creditor Has No Documentation of Debt, Says They Will Produce it when Available

    Thank you for your help! I would hire an attorney if I had the funds, but that's the entire problem in a nutshell!

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