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Discovery by way of computer generated printout in judges chambers

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jksmith3

Junior Member
What is the name of your state? Fl.
I have been taken to court once all ready by Portfolio Recovery on Feb. 15th, 08.
They have sued me for a Provideon Bank Card that i don't owe... it is boggess. I of course denied the claim. At the hearing their lawyer said he didn't have the information the court needed to proceed so the judge ask me to step outside and see if we could come to an agreement... of course we didn't come to an agreement ... i don't owe it! So went in front of the judge again and requested proof of the claim so he told me to request the discovery and i did in writing with one of the Validation letters i found on the computer. Well needless to say i didn't get any response for 60 days... but now i received a notice of a disposition hearing and they are going to use a computer generated print out for their evidence evidently and do it over the phone in the judges chambers, they want a summery judgement too!
I can prove by my credit report that i paid my Provideon bank card off in 1998 ten years ago and closed it. Also different account number on my real card as per the account number on the suit. Portfolio is printing out their own evidence ... how do i fight that?
This case is so wrong, If they had real evidence they would have had it at the first hearing and proceeded with the case! Don't know how to prepare for this .
Also when this is over can i sue the socks off of them?
Thanks, Joyce
 


Zigner

Senior Member, Non-Attorney
A validation letter is not a proper discovery request.
You may want to seek the guidance of an attorney.
 
but now i received a notice of a disposition hearing and they are going to use a computer generated print out for their evidence evidently and do it over the phone in the judges chambers, they want a summery judgment too!

Don't know how to prepare for this .


I'm afraid that you may have run afoul of litigation procedures. You were to have asked for discovery (in proper format) during the initial time period. After the discovery period, a plaintiff can ask for summary judgment, arguing that after discovery there is no evidence of any offset, defense, etc. to the debt. You should have been served with the summary judgment motion - were you? That was your opportunity to file a response. Your response has to deny their claim (by affidavit evidence, e.g., I paid off this card on this date, and here is my document that shows it) or produce evidence that they have not proved up their claim (this is typically done by pointing out that discovery did not produce any evidence of their claim). It may not be too late to file a response - when is the hearing?
 

jksmith3

Junior Member
Thanks for telling me this ... my hearing is May 16th
Please advise ... am working on Discovery Motion right now!
Is it too late?
Joyce
 
Typically, discovery doesn't have to be answered for thirty days (but I'm not from Florida and you should check) and thus will not be answered in time to help.

Typically, a summary judgment response is due seven days before hearing (same disclaimer) so you should at least be able to get that on file. Were you served with a summary judgment motion?

Frankly, it's probably time to consult a lawyer.
 

jksmith3

Junior Member
Will see lawyer Monday
I contacted Providian today gave them my s.s.# and info on me they ran it 3 times said they have nothing on me , not even the ten year old paid off account.
Again thanks for your advice
Joyce
 

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