Next Step after Plantiff Does Not Respond to Request for Ev

Submitted by jgevertz on Mon, 06/22/2009 - 23:49

I have sent the Plantiff's attorney a request for any and all evidence that they have the right person for this debt. They are not responding. How do I now ask the court to dismiss the suit? Thank you very much.

Hi jgevertz,

Did you receive the confirmation that the Plaintiff's attorney received your "Debt Validation Letter"? I would suggest that before you file a Motion to Dismiss the lawsuit, you should send the attorney a Follow-up Letter. In case you do not receive any response to the Follow-up Letter, you can request the court to dismiss the suit.

Tue, 06/23/2009 - 03:47 Permalink
jgevertz1 (not verified)

Thank you for the response Rachel.

They responded to the validation letter with a single page response telling me to contact the original creditor - who I called and they say have they no records of the account.

I then sent a letter for documentation and evidence to the Plantiff's counsel. The letter was sent certified mail and requested a response within 30 days. They signed for the letter but never responded. I can not really find any information on civil procedure, so I was wondering if I now have the right to file for a dismissal. Or if there is another step I need to take. Thank you very much for your help.

Tue, 06/23/2009 - 12:03 Permalink