How to Answer a Credit Card Summons. If you are on the verge of answering a Collection Agency’s Request for Documents, Admissions, or Interrogatories….. you should have had this done and over with by now . .Here is the Discovery I used in my Own Collection Lawsuit: Click Here
In my opinion after being sued by quite a few collection agencies I feel All Collection Agency’s Discovery are all based together with trick questions meaning the same questions asked differently. So that you provide them with what they need and they win. You answer one question and not the other (which seems to be a different question in all reality it is the same just asked differently) you can blow your case.
True Story: First Credit Card Lawsuit that I ever got sued for I didn’t know what I was doing and didn’t know I could file a Motion to Dismiss which lead me into the Discovery Phase. I entered a few simple questions in my Interrogatories and Admissions and their answers blew their entire case. So there is hope for you to still win this thing. If this is against a Collection Agency who bought your debt from the Original Creditor that is. Fighting an Original Creditor is very hard because they normally sue you early, and have all the documentation to win their claim. However, Collection Agencies don’t.
In my Interrogatories that I sent them I asked them to answer a few simple questions in regards to what I owed, another asked what I purchased, and in my Admissions I asked them to admit that they do not have the original or a copy of the Cardholder Agreement. These idiots admitted that and I filed a Motion to Dismiss for failure to state a claim and guess what? I won! Why? Because if they do not have the Cardholder Agreement which contains my rights, states interest rates, among other things this is the heart of a lawsuit they did not have that in hand which means they didn’t know the interest rate they were allowed to charge me etc., so how can they just say I owe all this money? It gets deeper than that but seriously how can a company say that I did this and that wrong per their agreement when they don’t have the agreement and just admitted they did not have the agreement. No agreement? No lawsuit. Not where I live.
Collection Agency’s will ask some of the following from you during your Discovery Phase with them. Answer them wrong and you can blow your entire case! I always looked at it this way I never opened an account with these idiots, so I don’t owe them any money in my opinion. Especially when they are lying and say they sent me a copy of them purchasing my debt. That is a load of garbage right there and they are lying to me. Lying for that leads me to believe they are lying over and over again that is how I based my answers. I am answering a company who bought my debt for pennies on the dollar and are suing me for thousands of dollars. I just strongly feel they don’t have anything to stand in court and Discovery is their last shot at making YOU win the case for them by answering WRONG.
If an original creditor was going to ask me a bunch of questions I know darn well they will be able to prove things so I would answer them honestly. But when I know I never opened an account with this company, and I don’t remember ever paying this company etc., things are different.
Request for Admissions
Admit that you opened an account with “So and So Bank”
Admit that you defaulted on the account with so and so bank
Admit that you made payments to so and so bank on a monthly basis and defaulted on the account.
Admit that you owe so and so this amount of money
Do you know how to protect yourself from answering these? Are you going to asnwer these wrong and prove you may owe them money now be careful.
There are very few admissions asked from the Collection Agency. They normally base their entire Discovery using their Interrogatories or Production of Documents so that you prove their case for them. And you cannot screw those up either.
Request For Documents:
They may ask YOU for the credit card agreement
Please provide the credit card agreement you signed with so and so bank.
Please provide copies of any and all payments made to this account
Are you going to provide all of this for them? You may as well start paying them now. Know what you are doing or get an attorney.
This is their absolute favorite can be loaded with 15-20 different Interrogatories and you have to answer every single one of them and I hope you know how to answer them.
Are they asking you if the sued amount is correct?
Are they asking you to list payments and dates? (Look through their Request for Documents they probably asked you to provide copies of all your payments) Trick Question say you provide those and you don’t provide this answer. See how it gets sticky? Same questions different Category of discovery but they are hoping you mess it up. Click Here
Are they asking you to list the last Check Number you used to pay? AGAIN all the same .
Did they ask for your Bank Account Number? In my opinion this seems like a set up for them to be able to simply freeze your account upon judgment without hunting your account down.
Did they ask for your Social Security Number? They should already have that information do you know how to answer this?
All I have to say is I answered my Discovery the right way and even got them right back by asking my own TRICK Questions to get them to admit they didn’t have an agreement and I won my case. If you would like to see my answers to their Discovery Click Here