Interesting - How to proceed?

The worst thing you can do is ignore this. You should file an Answer denying all allegations in the Complaint and demand a trial, preferably a Jury Trial.

Next you serve the attorney with a Discovery demand to see what this matter is all about.

Advice and help on both can be found in Debtorboards.

 

As usual, very ignorant and bad advice. The very last thing you want to do is to file an answer or deny anything.

You want to file a bill of particulars which will constitute a proper response to the court and quite possibly evade the need to answer anything at all.

Plaintiff's lawyers always hope you get dumb enough to fail to file anything or deny everything. If you fail to respond to the summons and complaint they have their default judgment and can proceed to garnishment but if you file an answr denying everything then they will follow your denial up with a demand for interrogatories, admissions and production of documents. They will be asking questions which you are going to have a hard time trying to answer if you can at all. If you fail to answer their questions with the answers they expect they will have you backed into a corner you won't be able to get out of very easily.

So, instead of flying blind (IFR) you need to respond to the complaint with demand for a bill of particulars. By doing that you will put them on the defensive and having to prove their case which they either wont do or will pull every trick in the book trying to evede the questions and then you can follow up with motions to dismiss or whatever other action is appropriate for the situation at hand. At the time they file the complaint the ball is in your court to prove your innocence. When you file an answer which is nothing but denials of everything you have only hurt your chances of survival.

When you file a bill of particulars you then put the ball back in their court and they have to produce instead of you.

 

UMMMMMMMM, Cap1 I think someone is about to open a can of woopass on you. lol

 

They can open all the cans they want. Wrong advice and wrong information is just that and always bad for those who believe it.

It makes no difference who the author of it is. What is even worse is someone trying to lead others off of this board and over to some other board regardless of how good or how bad it might be.

It is nothing but blatant advertising which, if I understand correctly is against the terms of service of this board.

There is plenty of good advice here on this board and constantly posting messages which are nothing but thinly disguised attempts to lure readers away from this board is just plain wrong.

 

advice! Thats what it"s all about, you have yours they have there's and i have mine and mine is the best...or is it???

 

That would seem to be about right, except for a few minor problems.

In order to illustrate, I'll use your two skunks, Tom and Mike. Except in my use of the names, they aren't animals but real live human beings.

Tom is a person who has schooling in the law and works with it daily. He's a legal research assistant, not an attorney. It's his job to research the law and report his findings to attorneys who use them in various kinds of cases. Tom has access to Pacer, knows how to Shepardize cases, uses Westlaw every day and has unlimited access to a large law library. He writes legal motions and briefs for attorneys.

Mike has no such training or background but offers a lot of advice based mostly on what he has seen others post on the internet.

Although the average poster doesn't know what Tom does and they don't know what Mike does either. And they don't know much about the law or how it works so they are asking advice from anyone who will answer.

They usually get a variety of opinions from Tom, Mke and other posters.They really have no idea which of the many answers they get is the right one so the only thing they have to go by in most cases is who seems to have the best answers and they are the only ones who can make that judgment call.

One of the things they will use to make that judgment call is which of those people who are giving advice seems to know the most about the subject be it law or any other subject. Who explains things the best way is usually about all they have to go on.

If tom explains things in a logical way and gives reasons why he believes what he says to be true but Mike doesn't then folks may be more likely to believe Tom rather than Mike.

So, if I posted a message asking what I should do and Mike answered first and said he believed I should do something and followed that up with an invitation to go to some other web site he operated where I would get all the advice I needed and Tom disagreed with Mike and told me right up front what he thought I should do and why he thought I should do it then which one do you think I would be more likely to listen to and believe? Tom or Mike.

 

If you base your belief solely on what is posted in a forum or from mike or tom or any other skunk and act on it than you are a fool.
The point of this type of forum is the exchange of ideas based upon there own experience. You might be wright you might not that is for the reader to accept or reject. I can go in front of five different judges and get five different rulings on the same point of law and each one of will tell me they are correct.

 

You should always file a Motion for a More Definite Statement or Bill of Particulars if it is still called that in the jurisdiction. Worst thing that can happen is that the court makes you Answer or Move to Dismiss. In not filing a Bill or Motion, you waive the right. Like affirmative defenses in that regard.

 

Your point is well taken, but if that is the case then why bother to ask questions on any forum or even visit them for that matter? If everyone took that point of view then such forums as this would not exist for long. They would have no visitors at all.

Most here don't have any experience. If they did they would have no reason to post or exchange ideas that I can think of.

Quite true. But the only way for the reader to know what opinion to accept or reject is for them to do their own research or use the consensus of the opinions given and their own ability to reason out which answers are most likely to be correct if any. My suggestion is always the same. Never believe anything anybody tells you in a forum such as this until you have done your own research using the annotated statutes to be found in all law libraries or on court or government owned web sites.

That may be so in theory but in order for that to happen in practice you would have to file several different appeals and would most likely end up trying to get the question before the United States Supreme Court. So in practice that's not very likely to happen.

 

The vast majority of states and federal use motion for more definite statement.

 

This is beginning to sound like a New York case. If not NY then what state are you in?

In most courts it does not cost money to file a motion for much of anything. Some courts do charge a small fee like maybe $35.00 or so but not much more than that. In NY, if you attempt to file motion for more definite statement they want as much as $350.00 but you can file for a bill of particulars without
having to pay money.

I do hope you filed a general denial. Since you have said what you did I wonder if discovery is even allowed. That's about the way it is with some of the states who are now using what is called a "simplified court system" such as in California, New York and Colorado. Pennsylvania is also toying with the idea of instituting a similiar system.

If it gets too simple the only recourse is going to be finding a cause of action which will allow the defendant to file a case against the plaintiff and his attorney in federal court.

What the so called simplified court system really amounts to is little more than another name for arbitration. States are looking at implementing simplified systems with the idea in mind that it will help reduce their overburdened court systems. New York handles about 20% of all debt related cases in the U.S. today according to their statistics.

If at least half or more of those ended up in federal court battles that simplified system of theirs will turn into one of the worst nightmares the courts have ever seen. That is about what is going to have to happen in order to get the debtor a chance to fight off the debt collectors.

 

Theoretically that is true but in practice it just don't work out that way.

Sending validation demands at this point in the process will get you nowhere.
That is what the court process is supposed to be for. The plaintiff is supposed to present his case and prove it in the process but that is not what really happens. What really happens is that the plaintiff makes his claim and the defendant then has to present a defense that proves that he isn't liable for whatever reason. Wrong party or the debt has already been paid or adjudicated in another court or that the statute of limitations has run out of time so the court can't lawfully grant relief. Things like that. But forcing the plaintiff to prove his debt is normally a bit hard to do.

We can find many laws and many court decisions saying they have to prove their claim to a preponderance of the evidence but forcing the court to abide by those laws and decisions isn't an easy task when you really do owe the debt.

If the debtor actually does owe the debt then anything he does will be seen as nothing more than a stall tactic wasting the court's time. They don't like that at all and are moving to eliminate all of the stall tactics they can.

That pretty well eliminates most supposedly aggressive methods of credit repair as well as most defenses that can be used in local courts so the only method left becomes taking them to federal court where the fact of the debt is no longer an issue.

 

HAHAHAHAHAHAHA!!!!!!!!!!!!!!!!!!

 

First of all call up the clerk of the court and ask if it would cost money to file a demand for a BILL OF PARTICULARS. That is really the exact same thing as oused by a very few courts now. If it don't cost money to file demand for a bill of particulars then do that. Either way, you can proceed in much the same way. Simply send the attorney a letter much like the following. Dear Sirs: I believe that you have sued the wrong party. I have no knowledge of ever having dealt with your plaintiff in case no. [whatever] and must therefore demand that you prove that I am the proper party and must insist that you provide me with the answers to the following questions as well as me with a full and complete documentation of the debt you claim that I owe. LINK REMOVED BY MODERATOR and follow the general outline for demand for more definitive statements you will find there. Be sure to use the Fields vs. Wilber case from the 7th circuit case to back up your demands. Threaten them with a statement that if they refuse or fail to provide you with full and complete documentation you will file a federal case on them. If you did have to do that you might be able to qualify for filing in forma Pauperus which would mean that you would not have to pay the $350 filing fee.

 

Yes, I see that. I dont do credit repair and I dont know anything about it really. I need some help fixing a ladys credit too. In order to give good help people who are knowledgeable and know how to get the job done would have to actually see the credit reports and since the ladys credit reports we have were pulled by a lender who would not give her a copy I had to get the copies of the pages by photographing them with my Sony digital camera when the loan officer was out of his cubicle for a few minutes so the only way I have them is in jpg format and posted on a web page. My message board dont really have any credit repair posters either since it deals with almost strictly legal stuff so I cant expect to get good answers there. Cant get answers here so I guess Ill have to go to infinitecredit or some other board to get the help I need. Looks like you might have to do the same.