Debt collection lawsuit

by Becky
(Richland County, South Carolina)

I live in South Carolina. On Oct. 1, 2010, an attorney filed a summons and complaint against me for Palisades Collection about an alleged debt from First USA. I answered the S & C and the attached Discovery, I then filed my own Discovery. After 45 days and 4 days after receiving notice from the court to chose a mediator, the Plaintiff's attorney sent answers to my discovery -- in a nutshell used some "can" language to object but then listed each request and stated that they had sent for documents from the original creditor. On the same day I received answer to discovery, I filed a motion to strike affidavit as hearsay, now I am not sure what to do with the so called Discovery sent by the Plaintiff's attorney. I discovered they have no documents but a verification from an officer of Palisades. Now what? Do I have any recourse? Sounds like they will not provide documents to me until the actual trial if any and I do not trust the mediation process?

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May 13, 2011
Debt collection lawsuit

Becky, I am not an attorney so I cannot give you advice about what to do next. I strongly urge you to consult with a consumer law attorney in your area who helps people resolve debt collection problems, especially given that you are involved in a lawsuit. Although I admire your efforts to represent yourself, acting as your own attorney may not be in your best interest given that you did not go to law school and so you are not familiar with the nuances of the law and legal procedures. Therefore, you are at an automatic disadvantage.

Even if you do not want to hire an attorney, schedule an appointment with one to get his or her input about what you should do next and to get a totally objective assessment of the strength of your case. I think it will be money well spent.

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