Legal Question in Credit and Debt Law in California
What do I need to say in court? Trial on friday March 7.
have my trial date set for this friday, March 7. I want to be totally prepared and would appreciate any final advice. Here is a quick summary: I am being sued by a creditor. I sent out a debt validation letter via certified mail and received no response (a violation of the FDCPA). I've only received interrogatories with a statement that is showing late fees and overdraft fees that are within the statutue of limitation for California (4 years). It doesn't show a payment or any charges within the statutue of limitations. I will bring the debt validation letter and all interogatories that were sent and received. What do I need to say in court? Any and all comments or advice will be more than appreciated. Thank you
1 Answer from Attorneys
Re: What do I need to say in court? Trial on friday March 7.
Testify under oath, if true, that you incurred no debt during the 4 years before the lawsuit was filed, and made no payments during that time. Let the plaintiff try to prove its case. If they show checks you wrote out, then testify whether it is or isn't your your signature on the checks and look at the date on the checks. If they show letters that they supposedly sent to you, testify as to whether you received them.
Introduce as evidence the interrogatories and responses if any one of them is helpful to your case, and ask the court if it's okay to read into the record the numbered interrogatory and response that are helpful. Then, in summary, recap that the plaintiff (if true) has not met its burden of proof, that the court should grant judgment in your favor, and if judgment is in your favor, ask for recovery of your filing fee. Good luck!
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