hey guys - with the help of some very good people from this site i ANSWERED the summon's & complaint from a local NEVADA attorney that is sueing me on behalf a collection agency on a 2 yr old creditcard debt that was charged off in apx june 2006 ........ my question is this - since i officially answered the complaint on apx december 27th HOW LONG SHOULD I WAIT BEFORE I MAKE A NEXT MOVE & WHAT MOVE SHOULD THAT BE ** IF ANY ** ???? ive said this before & its true , that without the help from you guys on this forum i'd have w/o a doubt already lost via a default judgement so you all helped me LOTS & I LOVE U GUYS FOR THAT !!!! THANKS AGAIN , JULIE FROM A SUPER DUPER WINDY NORTHERN NEVADA ...........
When you go to court you will argue your affirmative defenses. The judge will probably ask if the debt is your's. You might say something like "your Honor, based on the information provided, I do not recall having an account with that account number." You need to read and memorize your local Rules of Civil Procedure. Have you filed the Sworn Statement I wrote? Have you filed Discovery yet? If not, you need to do this.
While Enigma's advice is sound, you may not have to do anything for a while. Answering the following will provide you a course . . . Is there a trial date set for this? Is there a scheduling order in effect? If so, do as Enigma suggests. If not, sit pat. You may see that the other side does nothing and after a prescribed amount of time passes you can move to dismiss for a failure to prosecute.
no i have not filed anything else besides the ANSWER both with the court & their attorney in very late december but i DO have ALL the info enigima gave to me ...... as far as i know theres no trial date set AS OF YET ANYWAYS becouse i have not received anything in the mail & NOBODY HAS CALLED ME AS I ALSO PROVIDED MY PHONE # ..... HOW LONG DOWN THE ROAD WOULD THIS TRIAL DATE HAPPEN & **WHAT IS A REALISTIC FAIR AMOUNT OF TIME BEFORE I SHOULD MOVE FOR FAILURE TO PROSECUTE** ?????? one other thing apx 2 weeks ago I REQUESTED VALIDATION of the debt as i mailed it ceritfied mail recieving the green card back 2 - 3 days later -- SHOULD I ACT UPON THAT **IF** THEY DO NOT PRODUCE THE VALIDATION 30 DAYS FROM WHEN THEY RECIEVED THE REQUEST ???? i only requested VALIDATION BECOUSE they never ever sent me a 30 day validation notice ever ............ if you guys would answer those 2 - 3 questions it would help me out lots ......... again i thankyou both so very very much , Julie in Nevada
If there was a trial date, you would have been notified. If there was a scheduling order, you would have known. In some state courts, it is up to the parties to set the dates. This is a good thing about state courts, they move slower than federal courts. As for when a trial date may be set, who knows. If it's up to the parties (which it seems as though it is), never unless someone requests it. I would not if I were you. If the Plaintiff requests it, you will have one and then you should engage in discovery. The judge can always set the timeframe but, if your jurisdiction is normal they won't insofar as they have other things to worry about. Rule 41 style motion depend on the jurisdiction. Check you rules. It's probably either four or six months. If nothing has happened, you can move to dismiss. They don't have to answer the validation request in 30 days. There is no language in the FDCPA that prescribes a timeframe. 90 days is the general rule from most authority. It does raise a potential counter though if they do not however, I think you would be muddying the water here by amending your Answer now (a counter would force them to respond). The main goal is getting this action dismissed. Failure to prosecute is a good way of accomplishing it.
thanx APEX for the reply - i gotta be honest ur reply does make me feel better but wow 4 - 6 mths is a longtime , its kinda like that old saying just HURRY UP & WAIT sooooooooooo thats exactly what i'll do cause i really don't have another choice unless i file BK chapter 7 & THAT i'll reserve to do ONLY ONLY & ONLY IF I LOSE THE LAWSUIT ........ honestly they know i have zero nothing nadda so i dont get why their even wasting their time or money on me i mean it dosent make smart sense on their part ..... you guys are just damn good people doing what you all do by helping people like myself who * WAS * scared outta my mind b4 finding this forum ........ i can't say this enough , i thankyou all so very very much for all the help becouse as i've said w/o this forum with enigima , apex & all the others id have already lost so thankyou all ----- much love a smiling Julie from north central Nevada
Thank you for the kind words. Unfortunately, some people disagree with your opinion because we are "scam" artists : )
