Filing Discovery on the Plaintiff.

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Does anyone know of any links for filing discovery on the Plaintiff. I have to file discovery on my plaintiff and I need some examples to call the Plaintiff's bluff that they have all the proper documentation?

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Ok here is something I have found.

... I'm going to post as many discovery templates as possible, hopefully this will become a sticky as its' the second step, in most cases in defending your self after answering the complaint.

I encourage others to post sample templates.

Here is another Request for Production of Documents:

PRODUCTION OF DOCUMENTS From Defendant to Plaintiff

1. The alleged credit application from Account Numbers (JDB Acct#) and (OC Acct #) bearing the defendant’s signature;

2. The alleged credit agreement from Account Numbers (JDB Acct#) and (OC Acct #) that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from Account Numbers (JDB Acct#) and (OC Acct #) that demonstrate how the alleged amount of $5552.92 was calculated;

4. A contract, agreement, assignment, or other means demonstrating that Wellington Acquisitions, LP had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (OC Acct #);

5. Letter(s) sent to defendant by Wellington Acquisitions, LP, demonstrating an attempt to collect on the alleged debt, Account Numbers (JDB Acct#) and (OC Acct #);

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (JDB Acct#) and (OC Acct #);

8. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;

9. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).

10. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

11. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;

12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (JDB Acct#) and (OC Acct #);

13. The plaintiff’s Articles of Incorporation;

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Here is another

IN THE SUPERIOR COURT OF THE STATE OF <YOUR STATE>

IN AND FOR THE COUNTY OF <YOUR COUNTY>

MIDLAND CREDIT MANAGEMENT

Plaintiff

Vs.

Joseph Consumer

Defendant(s)

Case No._____________________

REQUEST FOR PRODUCTION OF DOCUMENTS

COMES Now Defendant, xxxxxxx, and files this Request for Production of Documents, and requests the Court to grant such Motion based on facts stated below:

“Document” means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or

circumstances by which it was destroyed.

1. The alleged credit application from “”Account””, bearing the plaintiff’s signature;

2. The alleged credit agreement from “”Account”” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from “”Account”” that demonstrate how the alleged amount of $X,XXX was calculated;

4. A contract, agreement, assignment, or other means demonstrating that XXXX. had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Letter(s) sent to plaintiff by XXXX., demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to “”Account””;

8. Any further documentation, beyond what has been previously requested, that clearly establishes plaintiff’s liability and/or responsibility to the alleged debt;

9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as defendant’s accessing of plaintiff’s credit report(s).

10. Any and all communications from defendant to the plaintiff explaining

why defendant reported the alleged debt to any credit reporting agency, as well as obtaining plaintiff’s credit report(s);

11. Any and all credit report(s) defendant obtained from any credit

reporting agency concerning the plaintiff;

12. Any and all notes, memoranda, or likewise, be they handwritten,

computerized, or typed, regularly kept in the normal transaction and

business of collecting debts, that relate to the plaintiff and/or

“”Account””;

13. The defendant’s Articles of Incorporation;

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Here is something that might contain good info, but I doubt it would be effective in calif. since a creditor can sue you with the allegation they have a debt against you:

=================

Joe Blow

Address 1

City, State ZIP

Phone (555) 555-1212

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF NEVADA

Case No.: XXXXXX

OBJECTION TO COMPLAINT

Investment Retrievers Inc.,

Plaintiff,

vs.

Joe Blow,

Defendant

MEMORANDUM OF POINTS AND AUTHORITIES

INTRODUCTION

Comes now the Defendant Joe Blow, and files this Objection to Complaint, per California Civil Code Chapter 4 Section 430.30.

FACTS

1. Defendant received the Plaintiff's Complaint on or about December 1, 2005. Defendant answered the complaint on or about December 28, 2005.

2. On or about January 17, 2006, Defendant filed a motion to strike because nearly all of the complaint contained false information (motion to strike complaint California Civil Code of Procedure 436 (a)).

We claim the false information based on the following facts:

(a) The Plaintiff has failed to provide any contract or agreement bearing the signature of the Defendant, nor any itemized statements or billing of said debts.

( Plaintiff has failed to provide a detailed list of the debts to the Defendant in the initial debt collection notice as require by the FDCPA and as evidence by case law. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

© The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor.

3. On or about Feb 1, 2006, Plaintiff filed an opposition to the Defendant’s motion to strike. The hearing for the motion to strike was set for Feb 15, 2006.

STANDARD OF REVIEW AND APPLICABLE LAW

4. The Defendant, in addition to the motion to strike, would like to file an objection to the original complaint based on California Civil Code of Procedure 430.10. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:

430.10 ( The person who filed the pleading does not have the legal capacity to sue.

430.10 (d) There is a defect or misjoinder of parties.

In regards to Section 430.30 (, Incapacity to sue exists when there is some legal disability, such as infancy or lunacy or a want of title in the plaintiff to the character in which he sues. In this case, as stated in the motion to strike, the plaintiff has failed to provide a definitive relationship between themselves and the alleged original creditor of the alleged debt.

In regards to Section 430.30 (d), The legal definition of misjoinder of parties is the “joining as plaintiffs or defendants, persons, who have not a joint interest”. In this case, as stated in the motion to strike, the plaintiff has failed to provide a definitive relationship between themselves and the alleged original creditor of the alleged debt.

WHEREFORE, Defendant, XXXXXXXXXX, respectfully submits that the Court should dismiss or deny the Plaintiff's complaint, filed herein Palisades Collections, Inc. The Defendant prays for Dismissal of the complaint by the Plaintiff.

Defendant's Request submitted this ___________ day, of __________ 20__