Discovery timing?

[Cat123]

Now on to the next one... and this is, I'm sure, a no-brainer question but I just don't want to mess up.

Thanks to all your good advice, I may have a chance at winning this one (Target). But, at just what point do I file for Discovery? It's not with the answer, is it?

BTW... There is not a doubt in my mind that you have some mighty curious JDCs and others out there reviewing the posts. I swear the Discover atty. knew what was going on before I even did it.

But then again, if they are watching, why do they appear to be losing so much?

[Savoir]

Your rules of civil procedure should outline everything you need to know about the timelines required for everything in your case.

You need to know these rules.

[elite1331]

Second that. Read the RCP until you hate them. It is their court and we have to play by their rules. Don't lose due to a procedural defect. Look up the rules for discovery and get the ball rolling. Hit them and hit them hard.

[BrunoTheJDBkiller]

Generally you can serve discovery any time after the complaint is served unless prevented by a court order. It is best to answer the complaint first, though, usually that's the sequence. Don't rush it, don't make rookie mistakes. Post it here before you send it, that way you get some input. All you really need is production of documents.

Edited August 19, 2012 by BrunoTheJDBkiller

[racecar]

http://www.debtcollectorphonenumber.com/images/sampleDiscoveryRequest.pdf

http://www.jud6.org/generalpublic/RepresentingYourself/Commonly%20asked%20for/Motion%20to%20or%20for%20local%20form.pdf

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."

13.Any purchase agreement or a forward flow agreement that contains the electronically stored information concerning defendant's alleged credit card account.

Edited August 19, 2012 by racecar

[racecar]

REQUEST FOR ADMISSIONS

1.You have no signed contract or signed application for credit which shows the Defendant applied for a Credit Card.

2.You have no signed contract or signed application for credit showing that an account was established in the Defendant's name and a Credit Card was issued to the Defendant.

3.You have no written contract entitled Cardmember Agreement that states the terms and conditions that the Defendant agreed to.

4.You have no written and signed contract stating the Defendant would be responsible for all charges made on the account in connection with all Credit Cards issued on the account.

5.You have no merchant receipts showing the charges that were incurred on the account in the sum of $XXXX.XX

Edited August 19, 2012 by racecar

[BrunoTheJDBkiller]

Those document requests look pretty good, Racecar, where did you get them? I think I'll borrow them and start passing them on.

[racecar]

Coltfan1972 one of our senior posters on this site.I will pass that on to him that they look pretty good.Bruno you might want to ask Coltfan1972 if you can use them, he worked really hard on those.I have his permission to use them.

Edited August 19, 2012 by racecar

[BrunoTheJDBkiller]

I'll bet he says yes. Don't forget that thread you mentioned.

[Coltfan1972]

BTW... There is not a doubt in my mind that you have some mighty curious JDCs and others out there reviewing the posts. I swear the Discover atty. knew what was going on before I even did it.

Well considering I routinely email the other side with links to the posts that they are a party might also have something to do with it.

Also suing a junk debt buyer and then asking them if they want to follow along on the board as I document all their failures in court could also be a reason they tend to lurk.

Plus nobody cares to watch what losers do. So of course they are watching us, they want to see how winners prepare for battle. Who cares what strategy a loser uses, at the end of the day it's a losing strategy no matter what. It's irrelevant how a loser prepares themselves for defeat, they're losers.

But then again, if they are watching, why do they appear to be losing so much?

Exactly !! It's because their losers and loser's lose, it's what they do. If you're a loser, watching a winner prepare does not change the fact you're still a loser. It's the Michael Jordan approach. "I'm telling you what is getting ready to happen and you still can't do a damn thing about it other than watch me kick your a$$."

What's better than giving the other side your playbook and then STILL watching them lose to you. Around here when facing a junk debt buyer, it's not a matter if they are going to lose, it's just a matter of when, how bad and how much is it going to cost them in the process. The end result has already been established and guaranteed. The only unknown is the path to the guaranteed victory.

I think one of the best qualities of this board and a lot of the members is our humble way of going out our business, not making it personal against the creditors, keeping it professional on all levels and not trying to turn anything into a three ring circus. I really think we are to be commended for that. So many times somebody that is just better than somebody else has an arrogant tone about them. But not around here. We know we are the best, but it's just a fact not arrogance, that's what makes us different. We're better than you but we keep our egos in check.

You hit them with discovery right after you're sued and no it's not in the answer. You need to read the rules and see what format to use and if their are any limitations. If there are no limitations, like in my state, then anything discovery that does not require the killing of at least two trees to make the paper is considered a failure.

[Coltfan1972]

I'll bet he says yes. Don't forget that thread you mentioned.

Sure you can use them Bruno. They are not the really good ones or all that complex. They are more of a rookie type of requests, just to get the ball rolling type of requests. As you can tell from them, I did not really put a lot of time and thought into them and are fairly run of the mill, but feel to use them as you feel necessary.

Obviously real discovery need to be tailored to the specific case at hand, but those initial requests get the ball rolling. Let me know if I can help you with anything else.

[BrunoTheJDBkiller]

Let me know if I can help you with anything else

I will certainly do that, Coltfan1972, thanks. I surely appreciate the offer. (Don't call me Shirley LOL) I guess this info gets shifted around and it's hard to find out who the original author was. Whoever wrote these requests for documents seemed to have a superior intellect, and I assume that it was you, as I have seen nobody up here who can compare to you when it comes to well, just posting. (joke) As for the admissions, I've been following the forum for quite a while and understand that there are different approaches. Some uninformed know nothing rookies say you should send admissions first, but the better posters (not me) seem to say that admissions should follow requests for documents. Either way, you get a good result.

[Coltfan1972]

Some uninformed know nothing rookies say you should send admissions first, but the better posters (not me) seem to say that admissions should follow requests for documents.

Well I send admissions first and then based on the responses from the admissions I will draft my document requests. In my opinion no need to demand a document(s) if you can them to admit they don't have it or can't get it instead of them delaying you and telling you they are in the process of getting it and will supplement the request. Admissions pretty much nail them down to an answer while other forms of discovery allow them some wiggle room.

If that makes me a know nothing rookie then so be it.

Either way, you get a good result.

I'm pretty happy with my win record. I would say win/loss record but that would imply there are losses as part of the record, which is not the case. I do pretty well for an uninformed know nothing rookie.

[racecar]

How to Attack Discovery Abuse - Robert K. Jenner