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Re: Interrogatories and request for production of documents


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Posted by help in ok (69.8.16.216) on August 01, 2003 at 13:20:18:

In Reply to: Re: Interrogatories and request for production of documents posted by Why Chat on July 31, 2003 at 16:30:47:

I answered the lawsuit summons by stating that I denied the statements contained in the petition filed by the plaintiff. In doing so, doesn't the lawsuit and all collection attempts have to stop until the plaintiff verifies the information on the debt? In the summons, It states that if I dispute the valididty of the debt or of any portion thereof in writing the law firm will obtain verification of the debt and mail a copy of the verification to me. Does the law firm have a predetermined amount of time in which to verify the claims in the summons and mail me a copy? If they have to verify the claims, should it not be in my best interest to wait to see if they can verify before I answer any of the questions contained in the plaintiffs request for admissions? If the summons served states that if I disputed any part of the debt within the 35-day period of the receipt of the petition and summons, that all colletion efforts, including this lawsuit, will cease until we send you the requested information. I did not request information, I just denied the statements contained in the lawsuit. By doing so, should I not expect for the plaintiff to verify all the information stated in the petition? If this is correct, is the law firm not breaking the FDCPA code Sec 809 [15 USC 1692g], by requesting the information on the interrogatories letter? I was under the impression when it stated that ALL collection attempts including the lawsuit would STOP until we verify the debt and mail a copy of the verification to you. What steps can I or should I take against the law firm? Thanks


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