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I filed my answer to my lawsuit from LVNV (handles by Brachfeld and Associates). My defenses are 1) Unjust Enrichment (they are suing for $1,000 in "damages"- even though we all know they buy the debt for pennies on the dollar.

Volenti Non Fit Injuria- a willing participant to an act cannot sue for damages


Contributory Negligence- Plaintiff is responsible for their own damages (i.e. buying a bad debt)

I'm in the "Discovery" process where I need to get information about the case such as:
Proof that B of A sold them this debt
How much B of A sold the debt for
Copy of original contract with B of A
I'm doing this Pro Se. Should I contact Brachfeld, or LVNV. I'm actually very apprehensive about contacting them at all.

Also, how should I make the request? Is there a form. Do I just draft a letter.

Advice Please.

Start by researching the Rules of Civil Procedure in your state. That will give you an idea on how to draft your Discovery questions. You can also use their Discovery questions as a template. What state are you in?

Sub: #1 posted on Fri, 07/18/2008 - 05:55

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(Posts: 4665 | Credits: 308.23)

I went through the same thing , last week I went to court and they showed up with no proof, the judge dismissed the case. The debt collectors they sue people hoping they will get a default, It is very important that you go to court and dont ignore it. Good Luck

Sub: #2 posted on Mon, 07/21/2008 - 21:30


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