Re: Validation letter or discovery request

Posted by Why Chat (208.252.179.25) on July 17, 2004 at 17:57:08:

In Reply to: Re: Validation letter or discovery request posted by jayble on July 17, 2004 at 12:04:34:

I suggest you do neither.
You have filed your answer and affirmative defense, with a notice of appearance and proof of sending a copy of your answer to the plaintiff.

The next step, as soon as you know that they have received your answer, is to see if they respond prior to the Court date. If they do not respond, you show up at the hearing and file a motion for a summary judgment dismissal with prejuidice.

Validation is OK in it's place, but you have already requested the only REALLY important type of validation, i.e. that they prove their claim in Court.

Now, after that is all over, you can, if you wish, file a claim against THEM for violations of the FDCPA and FCRA and whatever other appropriate State laws apply.

If you file for discovery now, you will just be playing into their hands and prolonging the proccess.

If, of course, THEY file interogatories, you should THEN respond with interogatories of your own and at THAT time file against them for violations, abuse of proccess and generally nasty behavior.

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