Production of Documents

[SuedByMidlandLa]

Hello all! Midland, who is suing me over some junk debt, has filed a motion to compel discovery, citing that I responded to my interrogatiories, but not to a request for production of documents. The thing is, I don't have any documents to produce, and the judge insists that I need to respond. I can't really afford a lawyer at the moment, so I was hoping someone could point me to formulating a legal response so that they do not get a judgment. I have looked up this, relevant to my case, but can't decipher how to answer when I do not have any documents: 

 

http://law.justia.com/codes/louisiana/2011/ccp/ccp1462

 

Any help is appreciated!

[Clydesmom]

Post what they want you to produce and how you answered the interrogatories.  Without knowing what you already said to the court we are flying blind trying to formulate answers to questions we don't know.

[neweuquol]

Without knowing what they requested, I do not know if you have a valid objection to being forced to produce documents you actually possess.   Sometimes, a perfectly legal and appropriate response is "Defendant does not have the burden of proof and does not possess the requested documents."  (assuming that's the truth).

[SuedByMidlandLa]

This is the part they want answered:

Request for Genuineness of Documents:

1) Please admit or deny the genuineness of the attached documents transferring ownership of the account to Midland Funding.

2) Please admit or deny the genuineness of the attached business records of the creditor confirming the customer and the account information.

Request for Production of Documents

1) Please produce any documents which might indicate information other than that presented by the creditor in the attached documents transferring ownership of the account to Midland Funding.

2) Please produce any documents which might indicate information other than that presented by the creditor in the attached business records of the creditor confirming the customer and the account informaton.

So far, I have answered with:

After a diligent search and reasonable inquiry, defendant has no records. Defendant has denied this alleged account. 

 

The documents they included were a signed affidavid and a bill of sale, and some paperwork from Midland stating the original account info. The judge has deemed this insufficient, and has struck down affirmitative defense, but refused to tell me what I need to do to answer properly, as he cannot dispense legal advice. 

 

[neweuquol]

Those first 2 are requests for admissions and you only had 30 days to respond to those from the day you were served if served with the petition or 15 days if served separately.   If you did not respond to those first 2 you need to enter a denial for lack of sufficient information to justify a reasonable belief before they move to have them deemed admitted.   That's assuming they have not done that already ....

[SuedByMidlandLa]

@neweuquol So, is there anything I can do at this point, or am I headed for summary judgment?

[neweuquol]

3 minutes ago, SuedByMidlandLa said:

@neweuquol So, is there anything I can do at this point, or am I headed for summary judgment?

You need to answer those request for genuineness of documents before you do anything.  If they file a MSJ you can deal with it when it comes.

[texasrocker]

Request for Genuineness of Documents:
1) Denied.
2) Denied.

Request for Production of Documents:

1) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
     If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

2) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
      If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

[neweuquol]

18 minutes ago, texasrocker said:

Request for Genuineness of Documents:
1) Denied.
2) Denied.

Request for Production of Documents:

1) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
     If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

2) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
      If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

 

18 minutes ago, texasrocker said:

Request for Genuineness of Documents:
1) Denied.
2) Denied.

Request for Production of Documents:

1) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
     If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

2) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
      If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

Louisiana requires a substantive denial to a request for admission.    The posted would have to elaborate a tad - Defendant is no position to know whether the attached documents are genuine.  

 

ETA:   It does not have to be that exact response but just the word denied has been held to be insufficient in some cases.

[Clydesmom]

On 9/11/2016 at 0:38 AM, SuedByMidlandLa said:

1) Please admit or deny the genuineness of the attached documents transferring ownership of the account to Midland Funding.

2) Please admit or deny the genuineness of the attached business records of the creditor confirming the customer and the account information.

DENIED:  Defendant is not responsible for maintaining or generating business documents on behalf of the Plaintiff therefore cannot testify to the genuineness of any documents produced by the Plaintiff as alleged evidence.  

[SuedByMidlandLa]

6 hours ago, Clydesmom said:

DENIED:  Defendant is not responsible for maintaining or generating business documents on behalf of the Plaintiff therefore cannot testify to the genuineness of any documents produced by the Plaintiff as alleged evidence.  

Would this be considered an affirmative defense?

[neweuquol]

7 minutes ago, SuedByMidlandLa said:

Would this be considered an affirmative defense?

No.  This is called answering request for admissions before you have no defense.

[SuedByMidlandLa]

So then, my responses should be:

Request for Genuineness of Documents:

1.  DENIED:  Defendant is not responsible for maintaining or generating business documents on behalf of the Plaintiff therefore cannot testify to the genuineness of any documents produced by the Plaintiff as alleged evidence.  

2.  DENIED:  Defendant is not responsible for maintaining or generating business documents on behalf of the Plaintiff therefore cannot testify to the genuineness of any documents produced by the Plaintiff as alleged evidence.  

Request for Production of Documents:

1) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
     If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

2) Defendant objects to this request as overbroad and as an impermissible fishing expedition.  
      If the plaintiff were in fact the rightful creditor it would already have copies of these documents in its possession.

Would this satisfy a motion to compel discovery?