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Author Topic: change of attorney/ discovery  (Read 335 times)

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sleeplessfl

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  • Posts: 26
change of attorney/ discovery
« on: February 01, 2010 04:10:19 PM »
I am getting sued by Discover Bank for an amount I don't owe.

I have sent discovery, interrogatories, requests for admission, requests for production in this ongoing lawsuit on October 6, 2009 to Mann Bracken/ Discover Bank.

I got a response on Nov. 13, 2009.

Some of it denied, mostly answered :Objection as overbroad etc. No documents  were produced.

4 days ago I got a collection letter from another lawyer, Erskine & Fleisher,
trying to collect on the same alleged debt.

Then, 2 days ago I got statements from April 2002 until May 2009 from this lawyer or debt collector.

The top statement has a stamp: received July 2009. Somebody must have had these statements.

No documents of the contract were provided, no signature, no agreement for account protector etc. and bogus charges which caused late charges and overdraft penalties.

Discover didn't file for change of attorney. What should I do?

How can I go from here?

Can I ask the judge to deny the admission of these documents and the change of attorney??



Mischievous Smurfy

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  • Posts: 4485
    • WWW
Re: change of attorney/ discovery
« Reply #1 on: February 03, 2010 02:14:50 PM »
bump
Ease of Use - Multiple Listings - CaseLaw - Uncle Normie's Hot Seat
[Primary Violation = a violation I would sue for] [Secondary Violation = a violation I would sue for only along with a Primary Violation]

usmcpilot06

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  • Posts: 13
Re: change of attorney/ discovery
« Reply #2 on: April 08, 2010 09:09:27 PM »
Motion to dismiss because of the time delay from the Plaintiff and the fact they did not notify you there would be a change is who is representing them. The other lawyer should have filed a motion to withdraw from the case. Motion to dismiss with prejudice as the Plaintiff is not following the proper rules of trial procedure.
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