Whatcan I do if a collection agency suing me doesn’t respond to my disclosure requests?
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Whatcan I do if a collection agency suing me doesn’t respond to my disclosure requests?
I’ve been sued by a collection agency, regarding a credit card debt. I’ve already filed an answer to their petition. My answer included several discovery requests, particularly a list of admissions. State rules of civil procedure clearly state that the plaintiff has 30 days to respond or the items are considered admitted (FYI – item #5 in my req is “The Defendant does not owe the debt sued upon.”). It’s been more than 30 days since the law firm received the documents but I’m unsure of my next step. Do I submit a motion to compel? To dismiss? For summary judgement? Other?
Asked on November 12, 2011 under Bankruptcy Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You submit a motion to dismiss with prejudice so that the collection agency does not sue again. Further, you immediately take all of this (your motion, your dismissal when you get it, and all documentation) and submit to the credit reporting agencies showing this debt and start a request to have this item removed/erased from your credit reports. Make sure you pull each one of your credit reports it is on, and you submit the same reques to each credit reporting agency.
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