According to the Federal Rules of Civil Procedure (FRCP) you have a legal right to demand the original and they have 15 days to produce it or there is NO DEBT The above was posted by Butch several months ago. I would like to know does anyone use the 15 days to produce the original conract when they validate?
bump. This is interesting. Could put a whole new twist in Validation. Either a CA has to produce the written contract in 15 days, or there is no debt, hence deletion. Sounds good to me. FedUp2003
I'm a law student, and am under the impression that the FRCP apply only to Civil court/legal proceedings. They would not apply in situations where litigation has not started, I don't think.
Some rules do apply. For example, the rules respecting the attorney-client privilege and work product are in effect prior to litigation. What rules did you have in mind?
Re: Re: Fair Rules of Civil Procedures According to the Federal Rules of Civil Procedure (FRCP) you have a legal right to demand the original and they have 15 days to produce it or there is NO DEBT
Re: Re: Fair Rules of Civil Procedures The citation is in "What Is Validation". Dalaggie has the question covered.
Re: Re: Fair Rules of Civil Procedures Incidentally, since someone mentioned attorney-client privilege, they teach us about the privilege from day one here. It is not based in the Federal Rules of Civil Procedure. The FRCP really only address how the privilege will apply and under what circumstances in Federal Court proceedings, and even then it is only as the privilege affects evidentiary rules (it's a little more complicated than this, but a simple explanation will do for our purposes). Something else everyone should know is that in many cases when creditors in court proceedings attempt to move a case from state court to federal court, they are doing it to intimidate only. Since moving venue requires diversity of citizenship (unless a federal question is involved), certain rules apply. One of those is that the amount in controversy must be over $75,000.00. Unless this is the case, the federal court lacks subject matter jurisdiction, and cannot hear the case. If a federal question is involved, the amount in controversy requirement does not apply. However, the Acts with which you deal with as respects creditors, collection agencies, etc. give any court of competent jurisdiction authority to hear such cases--this includes state courts. Always keep in mind that the plaintiff generally has the right to choose the forum for the case (i.e., the court where the case will be heard), as a general rule.
Re: Re: Fair Rules of Civil Procedures Dalaggie, Turn on your email please. Or mail me so I can reply.
