I m being sued for a joint account debt by collection agency, giving that 2 years ago, a different collection agency sued the other party.
So, I got served by their discovery documents. I'm answering them and will serve them with mines.
I want also to fill Objection to Complaint because prior this lawsuit , I have send them certifate letter to validate the debt and provide a copy of contract . They never did and I'm sure that my request for production for the contract will be objected. Their next move is a summary judgement, but I want to file my objection prior to it.
I'm asking about the format,the legality of it.
I'm planning on making self affidavit showing by submitting certifate mail that the collection agency does not have a contact and do the claim is invalid. Please help
What you are asking for is akin to asking a doctor to give you pointers on how to do surgery on yourself. I don't think that if I gave you everything that I could, that I would be doing you any favors.
Collection laws are complicated and they get confusing in a hurry. You should consider talking to a consumer protection attorney. I suggest going to http://www.consumeradvocates.org/find-attorney and find an attorney in your area who handles FDCPA, FCRA, or cases involving debt defense. Considering the fact that most consumer protection statutes pay for your attorney's fees, there is no reason to have to muddle through this on your own. Depending on the circumstances, many will take your case at no charge.
If you have decided to represent yourself, you are charged with having the same knowledge of the rules which apply to this case as the average attorney would possess. If you don't have that knowledge, then you should hire an attorney who does have the knowledge.
I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.
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