Whatcan I do if a collection agency suing me doesn’t respond to my disclosure requests?

UPDATED: Nov 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 12, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption