The discovery requests that end debt buyer cases

Filing an Answer keeps you in the case. Discovery is where the case is decided, because it forces the plaintiff to either produce documents it may not have or admit that it does not have them.

The three instruments

• Requests for production demand documents and are the centerpiece of a debt case
• Interrogatories are written questions answered under oath, usually limited in number
• Requests for admission ask the other side to admit specific facts; unanswered requests are deemed admitted in many courts

Most jurisdictions give 28 to 33 days to respond, sometimes with extra days for mail service.

Core requests for production

1. The signed application, contract, or cardholder agreement for the account
2. All monthly statements from the opening of the account through charge-off
3. A complete itemization separating principal, interest, fees, and payments
4. The complete payment history, including the date of last payment
5. Each bill of sale transferring this account, with the account-level schedule identifying it
6. Each assignment, allonge, or transfer document naming this account
7. The purchase and sale agreement for the portfolio, including all warranties and disclaimers
8. All documents reviewed by the affiant who signed the affidavit attached to the complaint
9. All communications between plaintiff and any prior owner about this account
10. All documents plaintiff intends to introduce at trial