DebtConsolidationCare [A+ on BBB] Logo
DebtConsolidationCare Forums
Discuss your problems and get out of debt
Get honest and blunt feedback on your debt issues from Experts for FREE
For Free Debt Counseling: Call 800-DEBT-913 or

I Filed My Answer to A Summons- LVNV

member profile picture
Posts: 1
Credits: 58.8
[Donate]

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

and

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.




NASCAR_Devil


Posts: 4668
Credits: 30821.994972777

Sub: #1 Start by researching the Rules of Civil Procedure in your state.
Thu, 07/17/2008 - 17:25

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?




Unregistered

Sub: #2 I went through the same thing , last week I went to court and th
Mon, 07/21/2008 - 09:00

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




Add new comment

Attachment
More information
  • Files must be less than 2 MB.
  • Allowed file types: txt pdf jpg jpeg png.
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA

Share post
-->

Page loaded in 0.951 seconds.