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

Core interrogatories

• Identify each entity that has owned the account, with dates
• Identify the date of first delinquency and the date of charge-off
• State the amount paid for the account or its allocated portion of the portfolio
• Describe how the balance was calculated, including any post-charge-off interest and fees
• Identify the affiant, their employer, job duties, and basis for personal knowledge
• Identify each person with knowledge of the facts and the subject of that knowledge

Core requests for admission

• Admit that plaintiff was not a party to the original agreement
• Admit that plaintiff did not create the account statements
• Admit that plaintiff has no document created by the original creditor identifying this account by number as part of the portfolio sale
• Admit that no employee of plaintiff has personal knowledge of the opening of the account

Mechanics that matter

• Serve discovery on the plaintiff's attorney; you generally do not file it with the court unless local rules require it
• Attach a certificate of service to every set
• Calendar the response deadline the day you mail it
• Keep copies of everything, including the mailing receipt

When they do not respond

Send a short meet and confer letter noting the missed deadline and giving a reasonable extension in writing. If nothing arrives, a motion to compel is the next step, and courts do not like discovery deadlines being ignored.

Reading the response

If the production arrives complete, evaluate settlement honestly. If it arrives with a redacted schedule, no agreement, and no statements, you now have a documented record of what the plaintiff cannot prove, and that record is what you point to at every hearing that follows.