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Could Someone Please Point to a Sample Production of Documents?


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I have been searching the forum and can't seem to find sample "Production of Documents" list. I have found several great samples of Request for Admissions and ROGs, but can't seem to find sample RFD's.

I'm in California and am being sued by son of JDB, that is to say OC to JDB1 to JDB2 and am being sued by JDB2. Have a few threads that outline my case, will be happy to link if you thinks it will be helpful.

I also want to thank everyone who's has helped, all of you really make a huge difference to those of us who are new at this.

Edited by Rivertime
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I have been searching the forum and can't seem to find sample "Production of Documents" list. I have found several great samples of Request for Admissions and ROGs, but can't seem to find sample RFD's.

I'm in California and am being sued by son of JDB, that is to say OC to JDB1 to JDB2 and am being sued by JDB2. Have a few threads that outline my case, will be happy to link if you thinks it will be helpful.

I also want to thank everyone who's has helped, all of you really make a huge difference to those of us who are new at this.

Here is a helpful link. See #19

http://www.creditinfocenter.com/forums/state-laws-case-law-sample-forms/252142-sample-motions-forms-affirmative-defenses.html

HP

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It needs some different formatting but my mommy made it for me, She was in a different state.

It was a kitchen sink production of documents. But she is an executive legal secretary and has typed up so many pleadings she literally knocked that out in like 20 minutes.

I will post it here so everyone can have a look but I am gonna wait until Rivertime sends his out.

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I've posted this before, but here it is again. You won't get any of this I bet, but that's exactly what you want to happen.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

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One of the elements of account stated is that the debtor received, then retained statements without dispute for "an unreasonable amount of time." This is usually pretty much undefined, but most cases state 30 days as the magic number. Maybe they get this from Reg Z, I never really tried to find the origin point. Maybe it is in the cardholder agreements. They never seem to want to explain why they wait a year after the 30 days expired to sue you. Or in some cases, three years. I say they do it to let the interest pile up. They have to prove the elements, that's why I suggest asking for documentation. Normally all they send is the standard dunning letter, I've never seen one that said anything about disputes or the length of time you kept statements. I get 30 days, you get 3 years and 3 years isn't unreasonable? Come on.

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I have been searching the forum and can't seem to find sample "Production of Documents" list. I have found several great samples of Request for Admissions and ROGs, but can't seem to find sample RFD's.

I'm in California and am being sued by son of JDB, that is to say OC to JDB1 to JDB2 and am being sued by JDB2. Have a few threads that outline my case, will be happy to link if you thinks it will be helpful.

I also want to thank everyone who's has helped, all of you really make a huge difference to those of us who are new at this.

I highly recommend doing as few document requests as possible. Three reasons:

1. They won't answer and you will have to meet and confer. Easier to do so when there arer fewer requests.

2. They still won't produce and you will have to file a motion to compel. In California, that means a separate statement (see this post: http://www.creditinfocenter.com/forums/there-lawyer-house/309078-motions-compel-bop-vs-written-discovery-cal.html). Pain in the rear when you have 20 requests.

3. Judges hate motions to compel. I promise that if you have 20 requests, you won't get all of them granted. But if you have three........

And really, what do you need in these cases? A copy of the written agreement plaintiff claims you breached. A copy of the assignment agreement. Every account statement. That pretty much does it.

Good luck.

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I highly recommend doing as few document requests as possible. Three reasons:

1. They won't answer and you will have to meet and confer. Easier to do so when there arer fewer requests.

2. They still won't produce and you will have to file a motion to compel. In California, that means a separate statement (see this post: http://www.creditinfocenter.com/forums/there-lawyer-house/309078-motions-compel-bop-vs-written-discovery-cal.html). Pain in the rear when you have 20 requests.

3. Judges hate motions to compel. I promise that if you have 20 requests, you won't get all of them granted. But if you have three........

And really, what do you need in these cases? A copy of the written agreement plaintiff claims you breached. A copy of the assignment agreement. Every account statement. That pretty much does it.

Good luck.

See what happens when a person with alot of legal knowledge weighs in you get a reeeeeaaaalllllllly good answer

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... :hmm:

It's a necessity for defendants to KNOW what the Plaintiff needs to prove their case. By the end of discovery it's essential to have a sense of if they've presented any of what they need to prove you actually OWE them--to build a successful defense.

Perhaps consider ONLY ASKING for what they plan to present OR for what they are basing their complaint on.

You may (or may not) want to actually REVEAL TO THEM what they need (or make them aware that YOU KNOW) exactly what they need to prove their case.

These are NOT my original thoughts.

I learned this during my research and reading while going through my case, per more experienced posters who'd been through trials and learned by experience.

Here's the thread where I encountered the information:

http://www.creditinfocenter.com/forums/there-lawyer-house/303360-strategy-pros-chime.html

Please take the time to review the link provided by Debtor's Husband in post #2.

:mrgreen:

Edited by tigger
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  • 4 weeks later...

Thank you to all who replied, it is very much appreciated.

Thank you Calawyer for pointing out that less is more in California, I think a lot will benefit from you recommendations.

Seadragon, thank you as well, your input was a very big help. I needed the help with instructions, definitions, and phrasing of the requests.

Well, here are my Request for Production of documents. I would really appreciate comments regarding wording and phrasing. Here we go:

Item 1: All written contracts, agreements, bank disclosure agreements, et cetera, Plaintiff claims Defendant breached.

Item 2: All documents relating to any assignment agreement showing JDB#2, INC. as a successor in interest to BIG BANK M.E., formerly BIG BANK NY BANK, “American Airlines Mileage” MasterCard® credit card account number XXXX-XXXX-XXXX-XXXX.

Item 3: All and every account billing statements showing a complete history of the account cited herein from day one, establishing the legitimacy of the amount sought in this instant action of $X.000.23.

Item 4: All and every document proving Defendant received any documents or correspondence relating to the account cited herein.

Item 5: All and every documents plaintiff intends to use at trial showing that Defendant is indebted to Plaintiff in the amount of $X,000.23 (plus interest) or any sum at all.

Again, all opinions and critiques are welcomed and appreciated.

Thanks,

rt

Edited by Rivertime
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I've posted this before, but here it is again. You won't get any of this I bet, but that's exactly what you want to happen.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

Very helpful! thanks!

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Thank you to all who replied, it is very much appreciated.

Thank you Calawyer for pointing out that less is more in California, I think a lot will benefit from you recommendations.

Seadragon, thank you as well, your input was a very big help. I needed the help with instructions, definitions, and phrasing of the requests.

Well, here are my Request for Production of documents. I would really appreciate comments regarding wording and phrasing. Here we go:

Item 1: All written contracts, agreements, bank disclosure agreements, et cetera, Plaintiff claims Defendant breached.

Item 2: All documents relating to any assignment agreement showing JDB#2, INC. as a successor in interest to BIG BANK M.E., formerly BIG BANK NY BANK, “American Airlines Mileage” MasterCard® credit card account number XXXX-XXXX-XXXX-XXXX.

Item 3: All and every account billing statements showing a complete history of the account cited herein from day one, establishing the legitimacy of the amount sought in this instant action of $X.000.23.

Item 4: All and every document proving Defendant received any documents or correspondence relating to the account cited herein.

Item 5: All and every documents plaintiff intends to use at trial showing that Defendant is indebted to Plaintiff in the amount of $X,000.23 (plus interest) or any sum at all.

Again, all opinions and critiques are welcomed and appreciated.

Thanks,

rt

There is a form in post 28 of this thread: http://www.creditinfocenter.com/forums/there-lawyer-house/311930-another-cach-lawsuit-ca-need-lot-help-2.html

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