Forms: answer & discovery requests in a debt buyer lawsuit

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Now available for public consumption in Minnesota is a set of forms for use in debt buyer lawsuits. While these forms will not be appropriate for every debt buyer lawsuit, they should help consumers answer the generic complaints used by most debt collection law firms in Minnesota.

Right now, debt collection law firms are “default mills.” They file numerous lawsuits on behalf of debt buyers, knowing that most consumers will never answer. If a consumer does not answer, the debt buyer wins and starts garnishing wages and bank accounts. These forms should enable consumers in Minnesota, at least, to answer debt buyer lawsuits, forcing debt buyers and debt collection law firms to prove their case, and to get at least the basic information that the debt buyer has or can get about the debt.

You can find the forms and other legal information here

Read the instructions carefully before using the forms. Seriously. They include instructions on filling them out and using them, but also information on where to get help if you do not understand something or you think you need more than just the generic forms.

Finally, you cannot simply answer and then ignore the lawsuit. A lawsuit is like a game of ping pong. If you don’t keep the ball in the air, you lose. If you are not sure what to do after serving your answer, contact my firm or another attorney for help.

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4 Comments on “Forms: answer & discovery requests in a debt buyer lawsuit”

1
being sued on July 3rd, 2008, 2:23 pm  

Overview: answer and discovery were filed and sent via affidavit by mail to debt buyer lawyer, but now there is a court date via the court admin. I filed a motion for motion for dispositive dismissal.

I have a couple quick questions
1-If the debt buyers does not respond to discovery within 30 days is that reason enough for the case to be dismissed?
2-Is it better to ask for dismissal or that the plaintiff take nothing as described in your Answer template? I’m afraid they will just start another law suit.

Sincerely,

Unemployed need help, not residing in Hennepin County

2
Sam Glover on July 3rd, 2008, 11:35 pm  

We do not give advice on specific situations on this blog. If you are in Minnesota and want to consult with an attorney, you can sign up for a 30-minute consultation, or try the Volunteer Lawyer Network.

If you are not in Minnesota, please look for an attorney using the lawyer database at the National Association of Consumer Advocates.

3
Trevor on October 23rd, 2008, 8:49 pm  

Can these forms be used with business debt? EX. being sued for business credit card.

4
Sam Glover on October 24th, 2008, 12:18 am  

The forms are meant for a debt buyer lawsuit.

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