have been reading these boards but haven't seen my particular situation addressed.
At the end of 2009, Discover filed a lawsuit against me. They included an affidavit from DFS Services and one copy of a statement.
I read the court rules, answered the complaint, and sent them my own interrogatories and request for production of documents. All were sent by certified mail with return receipt requested. They sent me their requests for admissions, requests for production of documents, and interrogatories a couple of months after they filed the suit. I answered everything and sent them back to the attorney.
They have never responded to my interrogatories or request for production. Two weeks ago, the court sent out a Notice of Alternative Dispute Resolution which they say is mandatory. Still didn't hear anything from the attorney.
Today, I got a Motion for Summary Judgment in the mail. Attached were statements from 2003 and a cardmember agreement. This account was opened in 1999. Almost 4 years of statements are missing. I did request statements in my request for production of documents, but I requested ALL records. No answers to my interrogatories or any acknowledgement that they had never responded to my requests.
Also, they included an Offer of Judgment. The attorney sent a letter with it that says that I can offer Discover the final amount on the debt and the attorney will waive the interest and attorney's fees. He also states that I can pay any amount I can afford every month and send the payments to him.
The Offer of Judgment is in legal form with the court header and states that I am offering an amount to Discover which SHALL accrue interest according to S.C. Code 34-31-20 (in the letter he stated he would waive the interest), and that I would waive any and all counterclaims, defenses, objections, and set-offs. All I have to do is sign it and send it back to him.
His office typed that offer as if it were written by me. Is that legal? All of this has me very confused.
Also, the affidavit was signed eleven months before the case was filed. Maybe that's normal, but I find it strange.