when to ask Midland for discovery?

[Shurik63]

Hi all!

Newbie here

This is what Is stated in the complaint from Midland.

1. That Defendant resides in the county in which this action is brought; or that defendant transacted business within the county in which this action is brought in person or through his agent and that the instant cause of action arose out of said transaction.

2. On information and belief the defendant in person or through an agent made credit card purchases or took money advances under a credit card or line of credit account or promissory note/loan - a copy of which was furnished to defendant. Plaintiff, as purchaser of (APO) this account, which was originally owned by the above creditor, purchased it for value. The defendant was notified of the same.

3. There remains an agreed balance on said account of $1550, due and owning on plaintiffs cause of action. No part of said sum has been paid although duly demanded.

4. Defendant is in default and demand for payment has been made.

5. Plaintiff, as owner, is authorized to proceed with this action.

6. Plaintiff is licensed by NYC department of consumer affairs, license number 1312658

Nothing has been furnished to me and the first time I heard about this case was when I received the complaint.

I filed the answer checking box lack of standing, asked the attorney to the judge for advise on how to ask for discovery at the per-trial day in week. She said that first I will talk to the opposing attorney and if there is no settlement, I go in front of the judge and ask for the plaintiff to produce the documents supporting their complaint.

I assume I will be granted the discovery. The important question is what exactly I should ask in my letter to plaintiff. Should I sent the letter the same day as per-trial or just wait until they produce what ever they have and then act accordingly.

Thank you all

[WhoCares1000]

Depends on New York State Rules of Civil Procedure. I would wait for the pre-trial hearing and serve it upon the attorney at that time.

At this point, you need to be very generic in what you ask for but there are 2 thing you want them to be able to document:

1) Statements with your name showing the account and how the balance was arrived at. In New York only 2 or 3 statements suffice.

2) The Bill of Sale chain from the OC to the plaintiff if the plaintiff is a JDB.

You might also want to ask the name and address of any witness or affiant who is going to verify these records.

Note that you can ask for more discovery at a later time when more information in the case comes to light.

[Shurik63]

Thank you very much.

As I understood correctly I should specify,each document I would like them to produce, verbally in front of the judge?

TIA

[WhoCares1000]

Again, the NY Rules of Civil Procedure would be a good read. I think however they need to be written and then can be served in front of the judge.