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Plaintiff's First Set of Discovery Requests to Defendant


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Last of my postings for today, they were all on separate subjects so I posted separate. I got one of these this week also (what a great week), I have gotten lots of civil suits from citi and capital one over the last few months while I am trying to finish my chp 7 filing (I still owe 600, and am waiting on my fed tax return to finish it, I was doing a good job of sending money every paycheck to my lawyer until my paycheck got garnished), Anyways it asks alot of questions including my husbands current employer and phone numbers address, of which I would shoot myself before supplying to the scumbag attorney/ creditors. Is this a legal document that I have to fill out, or is it just an attempt by the creditor to obtain info to come after us?

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Its difficult to tell if this is a truly legal document or just a fishing expedition by a collector. I assume its from a lawyer...does it have the "this is an attempt to collect a debt" disclaimer on it? If they're asking for DH's info, that's kind of suspicious since that is all stuff they could get from the CRAs.

I beleive that if its real, there should be a suit filed in your local court so you might check with them.

What other kinds of questions are there?

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Is this a case where you are being sued, or did they get a judgement.

If you are being sued and they have sent this to you it is irrelevant and you should object to the question as being so. Most CAs try to get that info out of you in the preliminary discovery for a suit, but it has ZERO bearing on whether you owe the debt or not.

If they have a judgement then it is part of the discovery process for going after you.

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They have filed suit and the court date has been set in June, I have had many suits in the last year from creditors and this is the first time that I have gotten a thing like this. It is definitly from the lawyer and not the court. I was making payments to them of 30.00 and then when we went through a couple of forced layoffs, I wrote them and told them and started making 10.00 payments, that went on for a couple of months and then they filed suit.

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Now I get some paper work that has a list of plaintiff's witnesses and exhibit list, which all seems a little ridiculous for 860.00 that I owe Capital One. Like I said before I have never recieved anything like this in all the suits that I have recieved in the last year.

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