Responding to Discovery in a Debt Collection Lawsuit | Summary and Q&A

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April 24, 2018
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Consumer Warrior
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Responding to Discovery in a Debt Collection Lawsuit

TL;DR

This video discusses the importance of understanding written discovery questions in debt collection lawsuits and highlights the types of requests that may be made by the creditor's attorneys.

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Questions & Answers

Q: What are written discovery questions in debt collection lawsuits?

Written discovery questions are requests for information sent by the plaintiff's attorneys to individuals being sued in debt collection lawsuits. They consist of requests for production of documents, written interrogatories, and requests for admissions.

Q: Can a failure to respond to a request for admission negatively impact the outcome of the lawsuit?

Yes, if an individual fails to respond to a request for admission within the required time period, the court can deem the requests admitted. This means that the individual's failure to respond may be considered an admission of the content in the request.

Q: Can personal financial information be requested in written discovery questions?

Some creditor's attorneys may include questions about an individual's personal financial situation in the written discovery questions. However, individuals have the right to object to these questions if they are not relevant to the underlying lawsuit.

Q: What should individuals do if they receive written discovery questions requesting irrelevant personal financial information?

Individuals should object to these specific questions and not provide the requested information. They can submit an objection stating that the question is not relevant to the lawsuit and should not be required to provide the documentation.

Summary & Key Takeaways

  • Written discovery questions are often sent to individuals who are being sued by creditors in debt collection lawsuits.

  • These questions fall into three categories: request for production of documents, written interrogatories, and requests for admissions.

  • Some creditor's attorneys try to obtain personal financial information that is not relevant to the lawsuit, such as current employer, gross monthly income, and tax returns.

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