I am wondering if in the action of filing for discovery, do I have to file this again with the court, or can I just send a letter right to the attorny for the other side and ask them for it. I filed my answer with the court and now am waiting for the next step. Also reading my court papers, the words proof of service come up.... Does this mean that I need to serve the other attorny myself, how do I go about this? Can this be done by sending them a copy of the paper I filed at the courthouse. Just to say, this has been one of the most informative sites I have ever found on the internet with help to find answers for credit issues.... I really appreciate all of you who have answered other posts, because I have been able to find so much info.
You need to real your local Rules of Civil Procedure. The RCP is your road map as to what to do, how to do it and when.
Thank you Also another question : Isn't the assignee supposed to be the original place where the account started?
No, that would be the assignor. In any event, you would file the Certificate of Service with the Court in terms of discovery. Doubtful you need to file the actual interrogatories and requests with the Clerk. However, and as Enigma suggests, at least look at your rules. The clerks can probably tell you this as well since it's procedural. Now, you need to serve all parties if more than one. Finally, you just send it 1st Class Mail w/ a COS.
Given that some opposing counsel have very, very short term memories or staff tends to "lose" such items, especially when it comes to pro se's, spend the $'s and send it CMRRR.
That's a lot of money if you get into a back and forth in a lawsuit. Furthermore, you don't have to prove, Dumb Bob thinks, that they got the response, just that you properly sent it. That's why you have someone else serve things and get them to swear out an oath. That's how the lawyer will usually do it to you. And, of course, you file your answer and whatnot with the court so they have it stamped that you turned it into them. You have a postal reciept that your person under oath sent something that day to that zipcode. If you need more than that, READ YOUR COURT RULES, the court has it out for you. Of course admissions and a few other things that are deemed admitted if you don't respond right are special and you certainly want to make sure they get to all who require it. I'd maybe spring for cert and return requested for that. [THE ABOVE ISN'T LEGAL ADVICE, ASK SOMEONE OTHER THAN DUMB BOB FOR THAT.]
