“Sarah”, a disabled mother, was sued by a large-volume third party debt collector for a credit card debt. Sarah had been served with an unsigned complaint with an unsigned, undated blank affidavit in support of the debt collector’s claims.
Lakeshore appeared in the case and filed an answer and affirmative defenses, raising defenses including assignment issues and failure to sign the complaint. Lakeshore also sent interrogatories and requests for production. However, the debt collector failed to respond to Lakeshore by the close of discovery. Even more egregious, the debt collector claimed that it had not received neither Lakeshore’s multiple filings to Court, nor any court notices from the Court. Lakeshore filed a motion for dismissal for the debt collector’s failure to follow the Court’s order, specifically, the 35th District Court’s strict scheduling order that requires debt collectors to provide “all evidence of debt and assignments” to the consumer by the close of discovery.
Although the Judge denied our motion, we were put into a position to negotiate a good settlement for Sarah. Lakeshore was able to knock off approximately $1,000 off of the $3,200 claimed, and to negotiate a realistic $50/month payment plan Sarah with vacation of judgment upon full payment!