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  1. #1
    Join Date
    Nov 2013
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    Default Answering Discovery in a Collections Case

    My question involves collection proceedings in the State of: Fla

    The Plaintiff has sent me Notice of Interrogatories asking me to answer two questions:

    1. State the date that the underlying account was assigned to the Plaintiff.

    2. State the whether the Plaintiff is a debt collector, as defined by the Fair Debt Collections Practices Act. (Not sure if they meant to word this "the whether the" but this is how it was written) might be a typo.

    Why would they be asking me either of these questions? I have no idea as to when or if they are debt collectors, they are suing me but that's about all I know.

    How should I answer these....is this a trick question?

    Thanks....

  2. #2
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    Sep 2005
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    Default Re: Answering Discovery in a Collections Case

    Was the debt assigned to you by the original creditor? Are you a debt collector?

  3. #3
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    Nov 2013
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    Default Re: Answering Discovery in a Collections Case

    Exactly....is this a typo from the collector? Or some kind of trick question?

    How should I answer this.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Answering Discovery in a Collections Case

    Quote Quoting 123-your-out
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    Exactly....is this a typo from the collector? Or some kind of trick question?

    How should I answer this.
    you either respond to the questions as written or in the second one where the question is not clear, you respond asking for clarification of the query as it is not able to be understood as written.

    that sounds like something a debtor being sued might ask. I wonder if they didn't mix up their paperwork between you and some other party and simply sent you what somebody else sent to them for some reason.

    Did you happen to send anything similar to them?

  5. #5
    Join Date
    Sep 2013
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    833

    Default Re: Answering Discovery in a Collections Case

    Quote Quoting 123-your-out
    View Post
    Exactly....is this a typo from the collector? Or some kind of trick question?

    How should I answer this.
    http://meetings.abanet.org/webupload...errogatory.pdf

    http://www.kbsslaw.com/pdf/articles/...s_Advocate.pdf

    http://scholarship.law.marquette.edu...3&context=mulr

  6. #6
    Join Date
    Nov 2013
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    20

    Default Re: Answering Discovery in a Collections Case

    Welfarelvr...thanks for the links....I needed that.

    JK, thanks for your comment, it got me wondering and so after looking over the Notice, the second page with the questions is a pre-typed form letter and down where it should be signed and notarized, it reads: Before Me. the undersigned authority, personally appeared....left out some of the language...deposes and says; that he/she is the "Plaintiff" in the above styled cause. Clearly questions that a defendant would ask a plaintiff in a credit card suit.

    Now, knowing this was probably sent in error, how should I answer this?

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