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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi Dimitry, Per your request Im starting a new thread due

Resolved Question:

Hi Dimitry,

Per your request I'm starting a new thread due to policy with my question on the production of Rule 410 documents. Unfortunately, there seems to be a character limit when I initially ask a question, so can you respond to this so I can re-paste the complete question for you to answer?

Thanks,

John
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your patience, John. Here is the post that you posted. Please allow me to respond to it below.

You posted:
Thank you so much Dimitry, you've provided great help.... I will definitely speak to you again in the future when I have more questions.....
Glad to hear it, and glad to help--I also promise to respond quicker if I can.

 

 

One last thing that just came up..... The attorney asked me to provide documents as per Supplemental Rule 410, which I already did. He says that I have failed to provide statements for the last (3) years of all of my obligations, which I did not provide. Here is his quoted request;

 

 

 

"Supplemental Rule 410 requires you to provide "Statements for the past three (3) years for any … obligations." Your financial statement lists obligations of nearly $300,000 for which you have not provided any supporting documentation. Please provide the required statements for the past three (3) years, including credit card statements, medical bills, mortgage statements, auto/phone/utility statements, and any other documentation of your outstanding obligations, as required by Supplemental Rule 410. If I do not have these documents by next Friday, I will be forced to file a motion to compel, and will ask the court to order you to pay my fees in bringing the motion".

 

 

 

My question is, what MUST I provide?

This is tough to answer as it is really absed on your own financial situation. Past recors such as tax returns are a given. You can also pull your credit report and any documentation pertaining to past debts such as letters showing that the debt was paid off or discharged, or past letters showing the debt amount still owed by you.

For the most part the statements he is seeking are for debts/obligations I initially incurred over (3) years ago... More like 2006-2009. Does this rule still apply?

Yes, BUT you can claim those documentations as irrelevant since those debt may be beyond the statutory period--meaning they may be uncollectible.

These are debts which long ago have been charged off by the original creditors to collection agencies who I have long lost contact with.

Find those letters showing a charge-off--that is likely what he is seeking, and that is a legitimate request.

Being that the original creditors have charged off the debt, my chances of getting statements from them are slim to none. I suppose I can pull my credit report and contact the collection agencies one by one and get a current statement of what is due, but an actual line by line expense you would find on a normal credit card statement is impossible at this point.

Perhaps it is impossible but you can do the best you can and with a sworn affidavit attached stating that the records, based on penalty of perjury, are the best and most accurate documents that are available to you at this time.

 

 

I guess what I'm asking here is how do I define what he is entitled to per Rule 410 as the rule says "statements for the last (3) years".

Last 3 years would be 2012, 2011, and 2010. Anything beyond it is no longer in the past 3 years and not something you need to show.

Do I go by the date the debt was incurred?

Last actvity date. So if there was activity (charge, payment, charge off, etc...) within that period of time, you need to show it. Beyond that you do not have to show it.

The date the debt was charged off or foreclosure date?

If within past 3 years, yes.

The last date the debt was reported on my credit report? The date I last made a payment on the debt? The date of first delinquency? Calling over 20 collection agencies is burdensome and I'd like to limit the amount of calls if at all possible.

Yes to all of those, if done within past 3 years.

 

Good luck!

 

 

Customer: replied 10 months ago.

I'm sorry but I think I wasn't clear enough on the how do I define what he is entitled to per the rule, the last three years part.


 


I was asking which date should I go by as a definition on what he is entitled to.


 


For example, if a debt, lets say a foreclosed mortgage was opened in 2005, foreclosed on in 2007, but is in collection and that collection agency reported it as debt on my credit report in 2012. Is he due a statement because the collection agency reported it in 2012 or is he not due a statement because the debt was incurred and foreclosed on past the 3 year time frame.


 


Same question for credit cards, if I opened a charge account in 2005 and stop making payments in 2007 and the creditor charged it off as bad debt in 2008 and sold the debt to a collection agency who has reported the debt to my credit report in 2011, is he due that statement? Or is he not due that statement because the debt has had no activity as far as payments being made or new charges since 2008 when it was charged off as bad debt and sold to a collection agency?


 


FYI, giving him all statements regardless of dates, or reporting more or less debt will not necessarily impact my case, I just want to make sure that I'm doing any work on this case that I don't have to do... Time is precious....


 


 

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

Sorry if I misunderstood. Please allow me to clarify.

For example, if a debt, lets say a foreclosed mortgage was opened in 2005, foreclosed on in 2007, but is in collection and that collection agency reported it as debt on my credit report in 2012. Is he due a statement because the collection agency reported it in 2012 or is he not due a statement because the debt was incurred and foreclosed on past the 3 year time frame.

He is due a statement because last activity was in 2012.

 

 

 

Same question for credit cards, if I opened a charge account in 2005 and stop making payments in 2007 and the creditor charged it off as bad debt in 2008 and sold the debt to a collection agency who has reported the debt to my credit report in 2011, is he due that statement? Or is he not due that statement because the debt has had no activity as far as payments being made or new charges since 2008 when it was charged off as bad debt and sold to a collection agency?

Again, same rules govern--if this was reported in 2011, it is a 'new' report and he is due information.

 

 

FYI, giving him all statements regardless of dates, or reporting more or less debt will not necessarily impact my case, I just want to make sure that I'm doing any work on this case that I don't have to do... Time is precious....

I can understand that, truly, which is why looking at dates is so important.

 

Good luck.

Customer: replied 10 months ago.

ok, thanks again for your help...

Expert:  Dimitry K., Esq. replied 10 months ago.

John,

You are most welcome, glad to help!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36753
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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