How to Respond to Written Discovery in Your Debt Collection Lawsuit (2021)

TL;DR

Learn how to effectively respond to written discovery requests from junk debt buyers to avoid potential pitfalls and judgments, with helpful links to online tutorials for more in-depth information.

Transcript

hey everybody john skiba here and on today's video i'm going to talk about how to respond to written discovery requests that you receive from the junk debt buyer so this is request that they're sending to you and wanting you to provide documentation information i want to talk about some of the approaches to responding to this and some of the things... Read More

Key Insights

• 📏 Understanding the rules governing written discovery requests in your jurisdiction is crucial to effectively responding to them.
• 🎟️ Debt buyers often use requests for admissions to try to trip up consumers, as failure to respond timely can result in deemed admissions.
• 💁 It is important to only provide information and documentation that is relevant and within the scope of the case.
• 🎟️ If you did not respond to requests for admissions in a timely manner, you can file a motion to withdraw the admissions and provide a legal excuse for the delay.
• 🤨 Responses to written discovery requests should be truthful and accurate, raising objections when necessary.
• 💁 Online tutorials and resources can provide more in-depth information on responding to written discovery requests in debt collection lawsuits.

Questions & Answers

Q: What are the three main types of written discovery requests used by debt collectors?

The three main types are requests for production of documents, interrogatories, and requests for admissions. Each serves a different purpose in gathering information and evidence for the case.

Q: Can I raise objections to certain requests in written discovery?

Yes, you can raise objections if the requests are asking for information or documentation that is not relevant to the case, privileged, or protected by law, such as personal information like social security numbers or bank statements.

Q: What should I do if I did not respond to requests for admissions in a timely manner?

You can file a motion with the court to withdraw the admissions, providing a valid legal excuse for the delay. Courts are generally willing to withdraw admissions unless the trial is imminent.

Q: Do I need to file my responses to written discovery with the court?

No, written discovery requests and responses are usually exchanged directly between the parties involved in the case and do not need to be filed with the court.

Summary & Key Takeaways

• Written discovery requests, including requests for production of documents, interrogatories, and requests for admissions, are commonly used by debt collectors to gather information and documentation from consumers.

• It is important to understand the rules governing written discovery in your jurisdiction, including the time frame for responding.

• Failure to respond to these requests in a timely manner can have severe consequences for your case, including admissions being deemed true and a potential motion for summary judgment.