Legal Question in Credit and Debt Law in California
I have a daughter who is being sued for a credit card debt for $2700 dollars. She was unemployed but now only works part time fast foods, and is almost judgement proof except for her tiny paycheck. But this collection agency/Law Group is going after her with a vengeance. Settlement offers from them failed, because they wanted three/quarters within a couple of months.( I know big mistake talking over the phone)
We got a paralegal to help filing a answer with a fee waiver, and hoped they would go away.( the answer basically challenged their standing, the amount, and "defendant lacks knowledge of the truth and therefore denies it."
Fat chance. My daughter just got a thick letter of "Interrogatories" requesting productions of documents between the original credit card holder, between her and the plaintiff, supporting defenses..etc..They also have a request of "Admissions" where she denies or admits to 11 facts.
My daughter and me would like to call their bluff one more time, and respond back to their Interrogatories" and my daughter would like to send her own Interrogatories asking for proof they were assigned the debt.( the credit card shows charged off,)
Is this a good idea to answer these Interrogatories?" Two, is there any lawyer or their para legal would like to at least help drafting the Interrogatories" or any offer any advice? I did offer to help with my daughter's legal fees, but not the actual debt because she is over 21.
2 Answers from Attorneys
Either you have a good defense to the lawsuit or you don't. Since she only hired a "paralegal" -- your question suggests she never even consulted an attorney -- the answer that was filed with the court may well have waived good defenses she might otherwise have had. Her paralegal probably did not, could not analyze the situation for possible FDCPA issues. Also, if she were to win the lawsuit, she won't be able to collect attorney fees for what she paid the "paralegal."
I don't have any of the documents in front of me and your daughter is really the one who needs to consult a -licensed California attorney- -herself-. Also I don't serve your locality, but I would recommend you contact a bankruptcy attorney. I doubt that bankruptcy would be a good solution for her, but many bankruptcy attorneys are familiar with the types of consumer debt and junk-debt-buyer issues that you have.
When a Debt is "charged off" it is still a collectable debt. Any money received will now remove the money in the account of the collector from the bad debt category to the "income" category.
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