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I've been dealing with Johnson Mark for almost a year now. They requested 6 years worth of bank records in discovery, I stated that it was overly burdensome and not related to the case. We went to pre trial where I told them if I could find the information that I would provide it but couldn't make any guarantees. In May 2013 I received a request for sanctions stating that I did not comply with a court order to send the bank records. I replied stating that I never received any court order, motion to compel or any word at all from them in over 5 months. I then received a letter from them rescinding their request for sanctions.

 

As of yesterday I have received another request for sanctions because I haven't given them the bank records. Can they do this????  I never saw a motion to compel, never had the chance to dispute the motion and the court just stamped a order for me to provide documentation!!!  

 

If I provide the information will it destroy my case?  

 

I have been fighting the case based on the fact that the plaintiff has not provided me with any proof they own this "debt" and have only provided me with copies of an electronic statement with transactions and my name/address. I sent them a discovery request for proof of ownership and they came back stating that I didn't submit my request correctly so they didn't have to answer me. As far as I can tell I did submit it correctly.

 

If they had the proof they needed wouldn't they have just requested a trial and been done with it?

 

Thanks for any help someone can provide!!!

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You can argue that the records are not relevant all you want, but if you've been ordered by the court, you risk being held in contempt for not providing the records. If you can figure out some way to do it, you really need to consult with an attorney about your options. 

 

If you provide the information, will it destroy your case? Only you know that. Will your records show you made a payment when you said you haven't? In any event, it appears too late to argue whether the records are relevant; that ship has sailed. 

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Bank statements would show you were paying something to the bank but would not show you owe any money.

They would still have to prove you owe them and they have standing to sue you.

Johnson Mark is a junk debt buyer collection company.

I would ask the court that if you turn over the records requested will the records be destroyed or returned and not copied after they examine them. You did not turn over the records due to privacy concerns and you just need a guarantee.

No motion to compel no records.

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