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Posts posted by SometimesNotAlways

  1. This came to the top of the list on Bing Search-

     Self-Help Services: Debt Collection Cases: Discovery – Getting Information for the Case (alaska.gov)

    Also, a few thoughts... Most of the time, Discovery is not filed with the court. (until you need it for the argument) But if they are lacking key document, per this article, you can file your own MSJ pointing that out (as they would have no contract and no standing and no case). You would only file such with your MSJ and point out that they did not produce the requested data. (as an exhibit or admission) One other point, is that my attorney also includes "admissions" with her interrogatories. Title the page "Request for Admissions" You would include this request for admissions at the end. Then number them. IE Admit that the Account xxx is not included on the attached document. Admit that Calvary does not have the cardholder agreement. (just pick 2 or 3 important Qs.) If they don't respond to your discovery and answer/deny the admissions, the admissions can then be "admitted as evidence" and in your favor. So... it is in your favor that they don't answer, but you DO want a receipt that the discovery was mailed/received. 

    I title this document, "request for discovery", once denied and you still want info, you file the "motion to compel discovery" with the court. (discovery contains interrogatories, requests for production, and admissions - any, all, or some as needed)

    Also, not an attorney and not in Alaska. Not sure what the letter from the court is in reference too. Maybe the court wants to schedule a hearing on the motion to compel or maybe you should be sending discovery request directly to opposing counsel. Usually there is a format to be used for interrogatories with a few items of law/rules of court on discovery being quoted as an introduction. FYI your MSJ opposition looked good, so not sure exactly where you're at.

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