Disclosure Requests

Submitted by hmastiff on Fri, 03/27/2009 - 18:38
Forums

I lost my job a little over a year ago and as a result could not pay some of my bills. An attorney has filed a lawsuit against me on behalf of AMEX but not before this was passed around to a number of different collectors. I have sent a total of 15 DV letters between all collectors in this case. I filed my response to the case and just received a notice requesting a lot of disclosure documents. I hesitate to provide this as some of them could be used against me. Any suggestions on what I should do?

As far as I know, since the law suit was filed against you by the attorney, you should have send a DV letter by certified mail to the attorney only and not to other creditors. Now, since you have filed a response to the summon, you will get a court date where you may be required to produce the documents asked from you only by the court and not by any attorney.

Sat, 03/28/2009 - 07:32 Permalink
Anonymous (not verified)

I did send the DV letter to the attorney. In fact I sent him 4 of them. There was a number of other collectors involved prior to this attorney. I am just trying to figure out how to respond to the request for documentation that the attorney sent after my response to the summons and also whether or not I have to reply to him on this request prior to going in front of the judge. I have repeatedly asked to see the original contract and documents and still no reply regarding its existance. My concern is that the documentation they are asking for will help them build a case against me and I would rather not help them if I don't have to!

Wed, 04/01/2009 - 14:41 Permalink
Anonymous (not verified)

By the Way, thanks for your previous response Carol!

Wed, 04/01/2009 - 15:02 Permalink

If you have send the DV letter by certified mail, you should keep the receipt as a proof that you have asked for debt validation. Now, you should present yourself on the court date to defend yourself else the creditor may bring a default judgment. You should never provide any documents to the plaintiff's attorney as they may build a case that will suit their purpose.

Thu, 04/02/2009 - 04:19 Permalink