Motion to Compel

The debt collector attorney may be hesitant to provide you with all the required documentation listed in your discovery request. When this is the case, you must take action and ask the court to compel the debt collector attorney to disclose the information. The following example contains a letter reminding the debt collector’s attorney of the discovery request and a motion to compel. You should mail both documents to the debt collector attorney and file both documents with the Court. You should check your states rules of civil procedure to determine the correct references and timeframes.

Letter to Debt Collector Attorney

Dear Debt Collector Attorney:
Please be advised that you were served with Written Interrogatories, a Request for Production of Documents and Things and a Request for Admissions on August 23, 2008. Your responses to same were due on September 23, 2008. To date, you have failed to comply with the demands for discovery. Demand is hereby made for you to comply with the discovery requested within five (5) days of the date of this correspondence. Enclosed please find a copy of the Motion to Compel and Request for Sanctions. If you fail to comply with the requested discovery I will have no other choice but to set the Motion to Compel and Request for Sanctions for hearing. The request for sanctions will include the payment for costs and for the court to strike your pleadings.

Your attention and cooperation is greatly appreciated. If you should have any questions, please do not hesitate to contact me.

Sincerely,

Your Name.

Enclosure: as stated.

Motion To Compel Discovery And Request For Sanctions

COMES NOW, the Defendant, [your name], files this Motion to Compel Discovery and Request for Sanctions, pursuant Florida Rules of Civil Procedure (Fla. R. Civ. P.) 1.380, for Plaintiff’s failure to comply with the Defendant’s Request for Production of Documents and Things, pursuant to Fla. R. Civ. P. 1.350, failure to comply with Defendant’s Request for Admissions, pursuant to Fla. R. Civ. P. 1.370, and failure to comply with Written Interrogatories, pursuant to Fla. R. Civ. P. 1.340, and in support thereof states as follows:

1. The Defendant served upon the Plaintiff a Request for Production of Documents and Things, Request for Admissions and Written Interrogatories on August 23, 2008.

2. The Plaintiff’s responses to the Request for Production of Documents and Things, Request for Admissions and Written Interrogatories were due by September 23, 2008.

3. The Defendant sent correspondence to the Plaintiff on October 1, 2008, requesting compliance with the discovery requested and granting Plaintiff an additional five (5) days to provide said discovery. A copy of said correspondence is attached hereto and made part hereof by reference as Exhibit “A”.

4. As of the date of filing this Motion to Compel and for Sanctions the Plaintiff has failed to respond to the Defendant’s Request for Production of Documents and Things, Request for Admissions and Written Interrogatories.

5. The Court should therefore compel the Plaintiff to comply with the demand for discovery, and if the Court deems necessary and proper, impose sanctions by striking the Plaintiff’s pleading and/or ordering the Plaintiff to pay Defendant’s costs incurred due to Plaintiff’s failure to comply with the discovery demands.

WHEREFORE, the Defendant, [your name], respectfully requests that this Court enter an order granting [his/her] Request for Production of Documents and Things, Request for Admissions and Written Interrogatories, awarding Defendant costs incurred in bringing forth this Motion, sanctioning the Plaintiff the Court may deem appropriate and granting any and all other relief the Court deems just and proper.

Certificate of Service

I HEREBY CERTIFY, that a true and correct copy of the foregoing has been furnished via U.S. Mail to [plaintiff’s name] at [address] this _______ day of _______, 2008.

___________[your signature]___________

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