Production of Docs, atty wants crazy stuff. What do I do??

[smalt]

I answered my summons from the OC's atty debt collector and received a Request for Production of Documents. They want a ton of things, canceled checks used for payments, copies of any and all agreements regarding the account. Copies of all statements and on and on. They state if any document has been destroyed that I need to identify the document and the date of its destruction, the person responsible for ordering the destruction, the person performing the destruction, the method of destruction.

I have none of this stuff. I answered my summons stating that I wanted strict proof of the debt.

How in the world do I answer these crazy questions?

I plan to send my own request right back to them for the same thing, but I need to answer theirs within 20 days.

[Focus2069]

From what I have read on here before.....If you dont have these documents "readily available" then you dont disclose it. I cant find the thread, but bascially you dont have to jump thru hoops to find evidence for them, it is their job to prove you owe the debt, dont prove it for them.

I would send them back a discovery request for basically the same thing they asked you for. THEY should already have these things if they want to goto trial.

[smalt]

To add to this mess, they send me a letter asking me to call and make arrangements for a settlement so we can avoid court. I'm all for that, however I have limited income. I can't seem to find a settlement offer letter that includes getting the case dismissed etc. that I could send them. Can anyone point me in the right direction? I still want to call it an "alleged" debt since they have given me nothing to prove it's mine. I'm quite sure it is, but had more than one account with the OC so I'm not sure exactly which one it was.

[montanatim]

You can write the letter yourself including anything you like, a nice business letter outlining your offer, call it an alleged debt if you want to, state that this does not constitute an admission of indebtedness or an acceptance of judgment. This is a good faith effort to settle the matter Blah, Blah, Blah, that by excepting this offer the plaintiff agrees to dismiss the suit now pending.......

You word it how you like, expect a counter offer though. Send it CMRR and keep up with the court case in the mean time, until it is dismissed or other wise disposed of with finality. Show up for all court/hearing dates unless the judge himself tells you not to.

[Methuss]

Has it occured to you that their attorney is demanding all this stuff because they don't have it themselves? They are fishing and hoping you give them something...anything...that will win them the case.

Here's how I would answer each item:

"Denied. Defendant does not have the document requested. The document is either lost or destroyed and no record of the date or person ordering the destruction is available from any source."

For the checks you can add that under the Federal law known as "Check 21" (12 CFR 229) banks are no longer required to return cancelled checks to the account holder (Except in NY and MA) and they are not required to keep the images of the checks for longer than 30 days under UCC 4-406. The bank, at its discretion, can destroy the original and the image copies after that time has elapsed.

[admin]

I wouldn't say "lost" or "Destroyed" That implies you had it in the first place. Thoughts?

[nascar]

Since these type of requests are ongoing, you can always answer that you don't have the records, don't know where they are, don't know for sure if they ever existed, but you will provide them if they become available to you.