Disclosure Statement, Interrogatories, and Request for Admission

[luvmyfidgets]

What is the name of your state (only U.S. law)? AZ

I received some court notices in the mail regarding my debt case and I don't know how to respond. I don't feel I owe the debt to the Plaintiff, since the Plaintiff is the debt collection company, not the original creditor. So should I just deny owing any debt at all?

Also, in their disclosure statement, they included a bill of sale along with copies of my original credit card statements. There is no contract that I signed with them agreeing to pay them anything, so is that enough to say it is not owed?

I would like to be able to defend myself in court when it gets to that point, but I don't want to have any missteps due to my ignorance on how to handle it. I don't know how to reply to the interrogatories, I don't have any of my own original documents since this was a debt from 5 years ago. Any advice on how to respond would be greatly appreciated.

 

[Proserpina]

What is the name of your state (only U.S. law)? AZ

I received some court notices in the mail regarding my debt case and I don't know how to respond. I don't feel I owe the debt to the Plaintiff, since the Plaintiff is the debt collection company, not the original creditor. So should I just deny owing any debt at all?

Also, in their disclosure statement, they included a bill of sale along with copies of my original credit card statements. There is no contract that I signed with them agreeing to pay them anything, so is that enough to say it is not owed?

I would like to be able to defend myself in court when it gets to that point, but I don't want to have any missteps due to my ignorance on how to handle it. I don't know how to reply to the interrogatories, I don't have any of my own original documents since this was a debt from 5 years ago. Any advice on how to respond would be greatly appreciated.

Could you please add this to your other thread.

Thanks!

 

[despritfreya]

I received some court notices in the mail regarding my debt case and I don't know how to respond. I don't feel I owe the debt to the Plaintiff, since the Plaintiff is the debt collection company, not the original creditor. . . in their disclosure statement, they included a bill of sale along with copies of my original credit card statements. There is no contract that I signed with them agreeing to pay them anything, so is that enough to say it is not owed?

Nope. . . You owe the $$ to whomever the original creditor assigned/sold/transferred the account to. Your defense would be "I don't owe it because I already paid it and here is the proof". But. . . sounds like you have not paid it so, if the account was properly assigned to the JDB you now owe the $$ to it and the only question really is whether or not any payment you did make was properly applied.

You can file a response to (I assume) the Motion for Summary Judgment (or a general denial if you are at the Answer to Complaint stage), but if the JDB has all its ducks in a row, eventually a judgment will be entered against you.

How much is alleged as owed????

Des.