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  1. #1
    Join Date
    Jan 2013
    Posts
    5

    Default What Do You Do After Answering a Complaint

    My question involves collection proceedings in the State of: UTAH

    I received a complaint for an old debt. I answered the complaint in the right amount of time saying I could not affirm nor disagree with the complaint because I did not have enough information and validation for the claim would need to be made. The debt collection agency is Cavalry Investments, LLC.

    Unfortunately, I can't really afford a lawyer or I obviously wouldn't be in this situation. Ultimately, once they can validate the debt and it can be proven to be under the SOL I hope to settle for less than owed but the amount they claim owed is so inflated and has been sold multiple times.

    The Plaintiff replied with:

    "Comes now Plaintiff, through counsel... to make the following Supplemental Disclosures pursuant to Rule 26, Ut. R Vi. Proc..
    1. See Documents attached, which include, if marked, but are not limited to:
    (checked) One or more monthly billing statements will be sent when received.
    (checked) Credit card agreement.
    2. Individuals likely to have discoverable information supporting their claim: Plaintiff has a number of different agents who can testify. The names will not be known until shortly before the trial.
    3. Each witness will rely on the documents attached including any documents added by way of supplement. Defendant may also be called to testify.

    Then he attached a copy of the Terms from Bank of America, but it's pretty generic and that little piece of paper they include when you first get the account (cardholder agreement). I could've easily googled and found that myself. In my opinion doesn't really show any validation because it's not the application or anything I've ever signed or digitally signed. There also was no monthly statement attached like checked, so I don't even know when the last time something was charged or a payment was last made. It's close to the SOL but honestly, I'm assuming short or they wouldn't be suing.

    So does anyone know my next move? Ask again for real validation? Should I send a validation letter to the actual debt collection agency or is that time past? They've never gotten ahold of me (to my knowledge) prior to the legal complaint.

    Thanks everyone! I really appreciate all of your help.

    Also, if there are any lawyers in the area (Provo but the case is in AF) that could help and would be willing to trade work (I can design sites/marketing materials for you), I would love to chat.

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

    Default Re: What Do You Do After Answering a Complaint

    It's either your account or it isn't. You either made charges or you didn't. You either received bills or you didn't. There's a lot you know, already.

    You can utilize the rules of discovery for the court in which the litigation is pending, to try to get more information from the plaintiff. The court rules are here; you can also check with the court in which litigation is pending about local rules.

  3. #3
    Join Date
    Jan 2013
    Posts
    5

    Default Re: What Do You Do After Answering a Complaint

    Thanks for your help! Discovery is what I was looking for! The link is also very helpful.

    In case anyone else comes across this in the future and is confused about the next step, google: "conducting discovery debt" or something similar. There is some very helpful information there.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Do You Do After Answering a Complaint

    It's important that you follow the court rules for your state and court - so make sure you find materials that can be used in your court or modify them in accord with the governing court rules.

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