Legal Question in Credit and Debt Law in California

Validation of debt letter and interrogatories

I live in California and I'm being sued by a collector. I gave an answer and soon thereafter sent a validation letter to the attorney via certified letter. There response was to send me admit and produce interrogatories. As of today, they did not give the court a copy. I have the receipt and other things to show that I mailed a validation letter, but I didn't file a copy with the court. My questions..1) Do I need to file my copy of the validation letter that I sent to the attorneys to the court?

2) Do I need to answer the interrogatories, since the attorney didn't file them with the court?


Asked on 8/15/07, 2:48 am

2 Answers from Attorneys

Michael Meyer Law Ofc. Of Michael J. Meyer

Re: Validation of debt letter and interrogatories

Interrogatories are not filed with the court. They are served on you only.

You do not need to file your copy of the validation letter in court. That letter would be used to show the debt collectors violation of the Fair Debt Collection Practices Act, which you would allege in a counter-claim (suing the debt collector). Counter-claims must be filed when you file your answer, which you already did. To file a counter-claim now, you need to request leave of court and include a copy of your proposed counter-claim, and serve that package on the debt collector's attorneys before the judge decides whether to grant you leave.

Lawsuits are not to be dabbled in lightly. You should seek a local attorney soon, unless your debt collector is AFS or R&L, in which case I'd like to talk to you. If you don't recognize those initials, don't worry about it, just find a local attorney.

Good luck.

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Answered on 8/15/07, 3:24 am
Larry Rothman Larry Rothman & Associates

Re: Validation of debt letter and interrogatories

Interrogatories are not filed with the Court prior to trial (if used at trial) unless there is a motion. You should respond to all discovery. Even if you sent a validation letter, unless you follow the protocal set by the legislature or rules of court, you may run into problems. Please call me if you have any questions.

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Answered on 8/16/07, 12:13 pm


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