Sued for 1600 for a bill thats not mine

[mike2star]

Hello.

I'll try to make this short and simple.

I have lived in California for more than 15 years. I recently got sued for the amnount of $1600 by a bill collector (not the original company). The name matches. And thats it. The original contract was signed in Texas, more than 4 years ago. The address on the contact is in Texas. The bill does not show up on my credit report, and my SSN does not match the one in the contract.

So I talk to the bill collector, and he/they say pay up or face judgement. So I paid... the court fees and filed a response. While filing the response I also asked for "Discovery" and mailed the proper papers to the bill collector.

Now here is where I'm stuck... Wen I filed for discovery the form said that they (the bill collectors) had 20 days to get me any paperwork that they wish to use in court. I filed on sept 14, now here is Oct 10th and I still have not seen any paperwork. What are my next steps? I want my day in court, or for them to admit that they made a mistake. Plus I want the money that I spent on filing the response + my loss wages for the days I have had to deal with this.

So basically i need to know where I go from here...

Thanks.

 

[debt_helper]

You can file a "motion to compel." Basically it's a legal heads-up for the other side. Also, after you get a compel order, and they do not produce, it is grounds for dismissal. The compel order will have a set amount of time for the other side to give you what you demanded... if that lapses, file a "motion to dismiss for failure to comply." These aren't the strongest motions, and collection agencies that sue for past debts usually don't have the original contracts so they have to go back to the original creditors to find them. The courts know this, and grant the collectors some slack, but you could still win.

ALSO- and this is VERY important, don't think that because they didn't answer your demand that you shouldn't answer theirs. They will file motions to supress and strike any answer you give/don't give in response to demands/interrogitories, and then file for summary judgment. Then your demands are worthless. Also, when you answer their demands, mail everything back to them certified mail so when you make your motions you can actually show the court that you did everything required of you, and the it is the collectors that are slowing discovery.

As far as court costs and missed wages, you could try to counter-sue, but you will not win. I am confused as to why they didn't drop the suit once you told them the ss# didn't match. Did you send them a copy of your SS card? If you did, and they proceeded against you, then you may have a better counter-claim.

Good luck.

 

[mike2star]

Hello.

I was sued recently. Court next year. Going true the process right now and waiting for my day is court. I live in California.

I have a few questions...

1. When I replied to the court papers I asked for Discovery. 2 months ago and I have never received anything from them. I did get a "ID Theft Affidavit" today. Which I do not know if I should fill out and send back since it provides them with more info.

2. I got this court paper oput of the blue. No warning letter, no phone call, no trying to work it out. Just BAM you are sued! Arent they suppose to do a first contact, inform me of my rights under the FDCPA, and prove that the bill is actually mine before they actually sue me?

3. Can they talk to other people about my bill?

Thanks for any insight any one is able to provide.