4 thoughts on “Responding to Discovery in a Debt Collection Lawsuit

  1. Hey John, Great info. Unfortunately, I actually have to utilize such info.
    Situation-
    Currently being sued by Midland Funding for approx. $2,100.00. Midland says they purchased a debt from Synchrony Bank 26 Aug 2017.
    I received summons the 1st of March 2018. I sent in my response the 13th of March
    23 Apr they (Midland Lawyers) submitted a “Motion For Summary Judgement” with all the findings and evidence they felt are pertinent to their case. Court Date is 12 May 2018
    I have not at this point sent a response to the Motion, and due to time, I’d prefer to settle for a lesser amount and be done with it.
    Question is: Can I do that at this stage, and in the situation, what would be the least, but most realistic amount accepted for settlement? Also, should I do this myself?
    Looking forward to your response

  2. Dear John, I have a what I think is a scary situation. I am a cancer survivior and was recently diagnosed with a brain tumor. My local legal aid society in Maryland wrote to my creditors about my circumstances and they all withdrew their pending lawsuits against me; all but one – an extremely aggressive "law firm" junk debt buyer (with offices throughout the USA). I answered the interrogatories that they sent me, and gave my legal aid lawyer a copy. The debt collector asked for my place of work (I make less than $100 gross per week on averge) and I have SSDI (untouchable). I wrote to the court and stated that I was never served notice of the law suit. This bulldog collection attorney writes the court that he/ they tried several times to serve me one day but that my unit was locked from the outside, no one answered the call box (it is a doorbell), an anonymous neighbor "swore" that nobody lived in my apartment (ridiculous as there are about 50 potted plants put on the balcony by my wife).
    Battling cancer and dealing with this pending court drama/collector machinations is so very bad for my health. In the case search, the state district court has legal mumbo-jumbo jargon which a layperson simply cannot understand, such as ATP;TO COMPEL;50 and PT5 on 9/19/2018. What is also irritating is that the court keeps claiming to send me "Notice of Outcome of Original Service", which I never received. Both the Plaintiff and the Court are NOT sending me copies of anything related to my case. My volunteer lawyer tells me that we will be discussing "everything" on 9/18/2018, and that since I am planning to declare Chapter 7 Bankruptcy, and have been declared COLLECTION PROOF by an attorney (which I listed in the interrogatory, along with a copy of my medicaid card and brain tumor diagnosis), none of this matters much anyway. I know that there are people who owe money and that debt collectors have a right to persue debts. What I cannot fathom is that I am the sole debtor on this credit card (I owe about $2,000 to Citibank), but I am now permanently disabled with a 50/50 chance that I will live at all. I have had 7 surgeries, including a modified neck dissection and open lung biopsy, along with two separate full rounds of radiation treatments. This "attorney" in my opinion, is the lowest of the low – so much so, that I am thinking of sending my ordeal with this collector to the major TV networks. Kicking someone when they are as sick as I am is simply amoral, unethical, and venal. It is so beyond despicable.

  3. I have a bogus 700 dollars court summons. I sent my response and they send a "motions for summary judgement" I tried to settle but they do not want to. I thought collection will go after someone for a debt of over 2,000. Anyway, I sent the court and the collection a notice of appearance (which will give me a chance to talk on my defense). The only document they sent for the motion for summary judgement was the original creditor bill, and proof they purchased the debt. This is ridiculous, they should just allow me to settle out of court, but for some reason they want a judgement against me, they're not giving me a choice but to fight it. Will the court still rule against me? I just don't want a judgement in my CR, I am working hard to clean my credit.

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