Results 1 to 3 of 3
  1. #1
    Join Date
    Apr 2008
    Posts
    4

    Default Steps To Close Out Debt Collection Lawsuit?

    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.

  2. #2
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Steps To Close Out Debt Collection Lawsuit?

    You did not say the age of this debt....

    1) File discovery
    2) If they have papers, you will get them--proceed. If they don't you will get a ton of objections and excuses
    3) Write a good faith letter to giving them X amount of days to give you the documents you are requesting or you will file a Motion To Compel (This will not be filed in court--just keep a copy for your motion)
    4) If they dont respond, file a motion to compel and make sure to include a Order for a motion to compel for the Judge to sign and make the letter you sent them an exhibit to your motion.
    5) Most likely they will answer your letter warning them about your filing a Motion to Compel with a Summary Judgement. You will have to answer that, then I would file a Motion of Summary Judgement for dismissal with prejudice.

    Have you ever requested debt validation from them previous to getting this summons?

  3. #3
    Join Date
    Apr 2008
    Posts
    4

    Default Re: Steps To Close Out Debt Collection Lawsuit?

    Quote Quoting Exhausted
    View Post
    You did not say the age of this debt....

    1) File discovery
    2) If they have papers, you will get them--proceed. If they don't you will get a ton of objections and excuses
    3) Write a good faith letter to giving them X amount of days to give you the documents you are requesting or you will file a Motion To Compel (This will not be filed in court--just keep a copy for your motion)
    4) If they dont respond, file a motion to compel and make sure to include a Order for a motion to compel for the Judge to sign and make the letter you sent them an exhibit to your motion.
    5) Most likely they will answer your letter warning them about your filing a Motion to Compel with a Summary Judgement. You will have to answer that, then I would file a Motion of Summary Judgement for dismissal with prejudice.

    Have you ever requested debt validation from them previous to getting this summons?
    The debt is not beyond the SOL. I didn't raise that as an affirmative defense in my answer to the suit. But even so the original debt is over 11 years old and I am hopeful documentation will be hard to come by.

    I have never requested debt validation.

    What sort of time frame is there between filing discovery and sending them a letter asking them to comply? Can I do those simultaneously? The law as far as I can interpret gives a "reasonable" amount of time for discover. I don't know what the legal definition of reasonable is. I had 15 days to answer my suit so perhaps 15 days is reasonable?

    Thanks for the suggestions.

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: Credit Card Debt Lawsuit - Collection Agency Acting As Original Creditor
    By Debt75 in forum Debts and Collections
    Replies: 1
    Last Post: 10-19-2010, 01:50 AM
  2. Collection Lawsuits: Lawsuit Over AAFES and OSI Debt Collection Practices
    By OIFvetWife08 in forum Debts and Collections
    Replies: 1
    Last Post: 07-25-2008, 05:52 AM
  3. Traffic Accidents: How Long Does It Take To Close A Lawsuit
    By melody77 in forum Accidents and Injuries
    Replies: 4
    Last Post: 09-10-2007, 12:04 PM
  4. Collection Lawsuits: The Chances Of A Lawsuit Over A Debt, Versus Outside Collection
    By QM07 in forum Debts and Collections
    Replies: 3
    Last Post: 05-09-2007, 02:21 PM
  5. Collection Lawsuits: Answering a Summons for a Debt Collection Lawsuit
    By Mtkam770 in forum Debts and Collections
    Replies: 1
    Last Post: 12-31-2005, 06:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources