Plaintiff's Discovery

Discovery is the pre-trial phase in a lawsuit in which the plaintiff and defendant, through the law of civil procedure, can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property for inspection and other purposes; physical and mental examinations; and requests for admission. The frequency of use of the above methods may be limited by your states law of civil procedure. Florida law states:

Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

Listed below is an example of what you might expect from the debt collection attorney in terms of Discovery.

ANSWER TO NOTICE OF SERVICE OF INTERROGATORIES

1. Please state the name, business and home addresses and telephone numbers, of the persons answering these interrogatories.

2. If you claim that the charges billed are incorrect please state, with particularity, how such charges are incorrect.

3. If you take the position that the prices reflected in the exhibits to the Complaint do not represent the outstanding charges owed by you, please indicate what the charges were to be, and who, on behalf of the Plaintiff, so agreed to them.

4. If you claim any defect of problem in any of the services and/or charges with your account, please indicate the nature of the same, the date first observed, and the person who first observed it.

5. If you claim any defect or problem with the charges, please state whether you notified the Plaintiff of such defect, and if so, please state:

1. The date of any such notification, the content of same, and whether the notification was oral or in writing. If in writing identify the date and description.

2. To whom representing the Plaintiff that such notification was given.

3. Who representing the Defendant(s) gave such notification.

4. The content of the Plaintiff's reply to each such notification.

6. If you objected to any of the exhibits attached to the Complaint upon their receipt, please state:

   1. Whether your objection was oral or in writing.

2. When and by what method did you so object.

3. To whom representing the Plaintiff you conveyed your objection.

4. Who representing the Defendant(s) made the objection.

7. If you claim to have paid in full or in part the amount sued for in this case, please identify the date and manner of payment, and the recipient of the same.

8. If you have not paid in full for the obligation which is the subject matter of this action, please state your reason for not paying in full the amount listed on the statement(s) or invoice(s) attached to the Complaint.

9. Please list each person known to you or to your attorney who has personal knowledge of the matters involved in this lawsuit, and as to each, please state their name, home and business addresses and telephone numbers, and relationship to the Defendant(s), if any.

10. State the names, addresses, and telephone numbers of each person who you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each.

11. State the name of the person or employee of Defendant who is responsible for payment of invoices.

12. State the name and address of the person who is the records custodian of the books and records of Defendant.

13. With reference to each and every Affirmative Defense you have stated, state the factual basis for your defense, identify all persons who have knowledge of the facts supporting the defense and state the date and description of any documents which would support the defense.

ANSWER TO REQUEST FOR ADMISSIONS

1. You or your authorized representative applied to Plaintiff for a Credit Card.

2. An account was established in your name and a Credit Card was issued to you.

3. You agreed to the terms and conditions of the written contract entitled Cardmember Agreement.

4. You agreed that you would be responsible for all charges made on your account in connection with all Credit Cards issued on your account.

5. Charges were incurred on your account in the sum of $X.XX which remain unpaid.

6. Demand has been made for the amount of $X.XX by Credit and you have failed and refused and continue to fail and refuse to pay this amount or any sums whatsoever.

7. The exhibits attached to the Complaint filed in this action are true documents which properly and correctly represent you or your authorized representative's charges.

8. The charges described in the exhibits attached to the Complaint filed in this action were made by you or your authorized designee.

9. You made no payments toward the reduction of the amounts due and owing as stated on the exhibits attached to the Complaint filed in the action.

10. You received all the credits for payments made by you that you were entitled to receive and that relate to the transaction(s) complained of in Plaintiff's Complaint and exhibits attached thereto.

11. You or your authorized representative received copies of the exhibits attached to the Complaint filed in this action, shortly after the dates on the same.

12. You did not object to the exhibits attached to the Complain filed in the action prior to the time payment was required to be made.

13. You did not object to the exhibits attached to the Complaint filed in the action prior to the time you were served with process in this cause.

14. You owe the Plaintiff the unpaid balance due and owing according to the exhibits attached to the Complaint filed in the action.

15. You owe to the Plaintiff the amount demanded in the Complaint filed herein.

16. There were no objections to the charges made by you or your authorized designee.

17. You have not paid in full the amount sued upon by the Plaintiff in this case.

18. You have not paid any portion of the amount sued upon by the Plaintiff in this case.

ANSWER TO REQUEST TO PRODUCE

1. All invoices received from the Plaintiff.

2. All statements received from the Plaintiff.

3. All canceled checks evidencing payments by Defendant to the Plaintiff on the account in suit.

4. All contracts, agreements and memoranda of agreements between the parties.

5. All correspondence received by the Defendant from the Plaintiff.

6. All correspondence sent by the Defendant to the Plaintiff.

7. Defendant's entire file concerning the matter which is herein in controversy.

8. Defendant's account payable ledger or book or record, kept in the usual course of Defendant's business, pertaining to the account of Defendant with Plaintiff.

9. Any written objections sent by Defendant to Plaintiff claiming objections to the charges to your account.

10. Any written notification sent by Defendant to Plaintiff claiming any objections to the charges to your account.

11. All documents identified in the Interrogatories filed with this Request to Produce.

12. All documents which would evidence why Defendant(s) failed to pay the debt as alleged in the Complaint.

13. All documents evidencing that Defendant(s) do not owe the money alleged in Plaintiff's Complaint.

14. All documents evidencing payments made by defendant(s) on this account.

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