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Being sued for a Debt that is not mine- need advice





Sub: Being sued for a Debt that is not mine- need advice
Thu, 17/01/2008 11:40

Hi everyone. I received a summons in the mail today from an attorney representing RJM Acquisitions. It says that I owe some 1,300 dollars for some debt that is not mine. The case has been filed. Here is what I need help with

1. I need to submit an Answer. How do I do this? Will I need an attorney for the answer forms?

2. How can I prove this debt is not mine. I know that it isn't but how could I prove it.

3. If they judge against me how would they collect. I am a stay at home dad without any income so they couldn't garnish anything, I am not married so they couldn't go after a spouse. Would I go to jail?

I am just so mad cause this is not my debt!!! I have been a stay at home dad for 3.5 years and who would give credit to someone with no income. Thanks for any help/advice



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JCEMT
JCEMT

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Sub: #1 Good advice jheard.Thu, 01/17/2008 - 11:40



Good advice jheard.

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JCEMT

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Unregistered

Sub: #2 If you are really serious, go down to your local county law librThu, 01/17/2008 - 10:46



If you are really serious, go down to your local county law library and ask the reference librarian for sample interrogatories. You can make a photocopy and fill them out by hand. Then mail them to the other party. Make sure you complete a Proof of Service form for each document you serve on them.


JCEMT
JCEMT

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Sub: #3 I would say seek legal council if you haven't already. Make sureWed, 01/16/2008 - 19:24



I would say seek legal council if you haven't already. Make sure that validation is requested during discovery. Other than that I don't have much more advise I can give you.

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JCEMT

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Unregistered

Sub: #4 Thanks JCEMT, I have sent a debt validation letter and the credWed, 01/16/2008 - 17:18



Thanks JCEMT,
I have sent a debt validation letter and the creditor never replied. Is there anything I need to bring to discovery since it isn't my debt I have no paperwork and besides the burden is on the creditor


JCEMT
JCEMT

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Sub: #5 It means that all discovery requests (where I suggested you requWed, 01/16/2008 - 16:57



It means that all discovery requests (where I suggested you request validation in a motion to show cause) takes place during this period which must be completed by March 7 2008. As for the rest, I believe they have additional time after discovery to motion for summary judgment, in which time you have 14 days following that motion to present any documents of your own to contest the motion. This gets pretty complicated so you may wish to have an attorney to help you through the judicial proceedings. Make sure you file countersuit for your attorney fees as well as court fees and any time missed from work. Ask your attorney if there are any additional damages you can sue for.

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JCEMT

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Unregistered

Sub: #6 ok, i got a reply from the court saying "The parties shall compWed, 01/16/2008 - 16:40



ok, i got a reply from the court saying
"The parties shall complete all discovery proceedings by 3/7" What does this mean?

Also, "Leave is granted for the filing of Motions of Summary Judgement within 15 days of completion of discovery. Theparty against whom said motion is filed shall file any counter memorandum and supporting document within 14 days after filing of the motion"
Do I have to file something or does the creditor who is suing me? Is this saying they need to present supporting documents.
I have a feeling this will be dismissed since they haven't presented any supporting documents and for the simple fact that this is not my debt.


Unregistered

Sub: #7 You cannot go to jail for a civil debt. They have the burden Wed, 01/09/2008 - 08:54



You cannot go to jail for a civil debt.

They have the burden of proving the debt. If they cannot, they lose.


JCEMT
JCEMT

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Sub: #8 Do be sure to ask for it again during the discovery phase in a mWed, 01/09/2008 - 05:57



Do be sure to ask for it again during the discovery phase in a motion to show cause, and when they fail to show cause simply motion to dismiss with prejudice and get the case tossed out in its rump.

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JCEMT

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Unregistered

Sub: #9 Thanks for the replies everyone. I typed up an Answer letter andTue, 01/08/2008 - 18:25



Thanks for the replies everyone. I typed up an Answer letter and am going to send it certified to the attorney and the court. I did send a Debt verification letter to RJM acquisitions and never recieved a reply. So I am ready to fight this :evil:


DebtCruncher
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Sub: #10 1. Guest, you should have been served with a summons and a compTue, 01/08/2008 - 16:57



1.
Guest, you should have been served with a summons and a complaint. The complaint is usually numbered by paragraph and will look something like:

You Answer to the Complaint will simply address each of their allegations made in each paragraph. You would copy what they say, and underneath it either admit or deny each paragraph. For example:


It is basically a true/false questionairre, so that the judge can see what direction he needs to take and what issues need to go to trial. (If you were to admit everything they stated, there would be no need for a trial and they could motion for summary judgment.) It is actually very easy to come up with your answer, just make sure you file it by the return date.

2. You don't need to prove it is not yours. The will need to show by a preponderance of the evidence that this is your account. If they can't show your signatures or other identifying facts, then they can't prove their case and it will get dismissed.

3. You cannot go to jail simply over a debt. If you have no income to garnish and no assets for them to seize, then a judgment is basically useless to them. However, they may call you in for discovery and you will have to answer under oath any assets (like bank accounts) you have that they might be able to take. But this is supposing they get a judgment first.

I would be mad as heck too. Just make sure you file your answer and show up to dispute their claim, or else they can get a default judgment against you.


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