Compliance with request for discovery in Virginia

[tccampa]

I am currently involved in a lawsuit with a collection agency for a credit card debt accrued by fraud. I have requested, on more than one occasion, a copy of the application that was sent in to obtain the card, but they have not responded. They did send me a bunch of credit card bills, but nothing with a signature.

We went to court, and they were ordered to produce within 30 days the "Bill of Particulars", which ended up being the same bunch of bills.

In my grounds of defense, I stated that the debt was not mine and that the collection agency had not proven liability. I also sent a request for discovery, asking for a copy of the signed application and any other identifying information used to approve the card, along with any other information they have about the credit card.

My question: Do they have to comply with my request for discovery? If they do, how long do they have to get these documents to me? If they do not, what laws state the rules about discovery? We go back to court on Sept. 11, 2001. I had no knowledge of this credit card, and I believe an employee was using it in my name and paying for it with company checks. Without signatures to compare, I cannot be sure. What are my options?

Thanks for any advice...I really enjoy this site!

April.

 

[bigun]

Don't you have a lawyer? If it is fraud, do you have a police report?

 

[tccampa]

Re:

No, I do not have a lawyer at present. After my grandfather died, I discovered some suspicious receipts and applications for credit cards, as well as some checks and bills in my name. I believe that his employees were stealing from him and impersonating him and other family members to get money and credit. He had Parkinson's disease, but he had been going blind and never mentioned it. He was nearly completely blind when he died and a lot of his possessions had been stolen or broken. My grandfather was very well-off and my family owns several factories in the petroleum business.

After he died, I received a call from one of his caretakers, who was crying and told me that she "didn't do it and didn't want to hurt me because she loved me." At the time, I did not know what "it" was and she wouldn't tell me. I thought she had done something to my grandfather. My grandfather loved her dearly, and she was like family to us. She was from the Dominican Republic, and I suspect she has returned there.

I have no proof of anything right now. My grandfather may have obtained a card for me and told her to use it. Many of the charges are for groceries/household items etc..., so if the card is linked to my grandfather, I can only assume that he gave it to her. She really had her hand in his business and the family trusted her. She and several others were employed as domestics and caretakers for almost 15 years. I do not want to make accusations that I cannot substabtiate, and I am hesitant to go to the police. I am also embarrassed that we didn't watch over my grandfather better, but he seemed fine and his caregivers were like family. I feel hurt and betrayed by people I had grown to love. So no, I have not called the police, as I don't know what to think about all this.

Thanks for responding.

 

[bigun]

First of all, I believe you need a lawyer and then follow their advice.
The great thing about a police report is, people tend to respond when a District Attroney says we are investigating fraud on an elderly gentleman and we need these records. Also, in a civil matter, your lawyer can subponea the police file in your defense. It carries great weight when a police officer testifies that yes, he filed a fraud report and we believe someone other than you made these charges.
Good luck to you and stop beating yourself up over your grandfathers final days. We all do the best we can and wish we could've done more but, life goes on.