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Creditor Lawsuits Creditor Lawsuits

If a Lawsuit Is Filed

Discovery

Discovery is the pre-trial phase in your debt collection lawsuit in which each party can obtain evidence from the opposing party by means of discovery devices such as requests for answers to interrogatories, requests for production of documents, and requests for admissions.

For example, a request for admission could seek to determine if the party bringing the suit is in fact the owner of the debt. In some cases the debt collector may claim they are working on behalf of the original creditor, which is not in fact true. If the debt collector cannot prove they own the debt, then they have no case.

Your goal in discovery is to require the creditor to prove that you owe the money in question, that the sum you allegedly owe is correct, and that they have a legal right to collect on the alleged debt.

Our Lawsuit Defense Partner Program can show you how to file motions, including discovery motions, in a creditor lawsuit. Once you do, there are three basic ways the suit may be dismissed based on discovery issues:

  1. You send requests for admissions, the creditor does not respond, your requests are deemed admitted, and you move for summary judgment and dismissal.
  2. You file interrogatories and requests for production of documents proving that you owe the debt, how the alleged debt was calculated, and that the plaintiff is legally entitled to collect on the account. If the plaintiff doesn't respond in a timely or appropriate manner you can ask the court to compel them to answer. If they still don't answer completely, you can move for dismissal.
  3. You send discovery and the creditor decides the hassle isn't worth it and they put in a notice for voluntary dismissal.
> Other Affirmative Defenses

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