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I am being sued by a collection law firm. I will defend the suit to answer the complaint.
Question 1. Can I type up the answer in a Word file and deny the 3 paragraphs or does it have to be on a exact Answer form provided by the court?
2. Once I deny the allegations at that time do I request the information to the discovery of the exact Original copy of the contract with my signature and the exact accounting records from day 1 to the last date in question.
3.I do have an affidavit attached to the complaint. I would like to counter the affidavit due to the collection firm and Midland Credit Management for deceptive practice and fraud. They can not have First hand knowledge of the accuracy of the account since they are a outside firm. Need help asap on how to proceed in my Fight.
I am in Indiana if this means anything.
You just have to answer the allegations in the complaint/petition – you don’t normally have to use a specific form – but make sure you deny in paragraphs that match the allegations of the petition. As in: “Para 1. Deny.”
You will want to do discovery of lots of different things. Take a look at our articles at yourlegallegup.com.
You will add a counterclaim to your Answer if you want to sue them – again, we have many articles on this topic.
I just received a 1099C from a CC company that I stopped paying in 2011. In December of 2013, the letter says that they deemed the debt discharged. I never told them I owed it or refused to pay. I just asked them to show me proof of me owing them. In the process, they sold the loan to two separate collection agencies, both of which backed off when I responded to them asking for evidence that I owed them. I haven’t heard from this CC company for over a year. I believe if I worked out a deal and paid them half and they settled on the rest, I’d owe taxes on such “income.” But I do not believe this is the case here. How should one proceed? Ideas, now that the IRS has a 1099C on me?
Well, the IRS may or may not take action, of course, and you can always dispute. One place I found in my research suggested that you take that affirmative step or that the IRS would audit. I think you should probably talk to a tax accountant, though – this issue seems to be undecided in the law for now, so it might just be a question of how you’d like to take your chances. I at least think you make a good point though.
If attorney’s ask for me to provide bank accounts in the interrogatories or the Production of documents. Can I Object as ” intrusive or oppressive” in my response?
Yes, but the main objection here is irrelevant.
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