These here requests need to be looked over very cautiously. I say that because again 99% of these Attorneys suing you DO NOT HAVE what they are asking of you. So, if they have not provided it for you what makes you think they have it? They want you to produce these documents in order for them to win in court so be very cautious. Sometimes, the documents that are asked of you will make a chuckle a little, because you have to say out loud: “WHY DON’T THEY HAVE THESE DOCUMENTS?” “WHY ARE THEY ASKING ME FOR THEM?” “HOW CAN THEY SUE ME IF THEY DON’T HAVE THESE DOCUMENTS?”
I mean you have to get a gut feeling something is wrong when you read what they are asking you to come up with here. Some of you in certain states, your local court rules require the Contract and Assignment to be attached. So if they are asking you to produce that don’t you think you should look into a Motion to Dismiss instead of wasting your time with this?
There are so many people out there who will actually hunt through their files and give them all these documents and just like that you lose in court. These guys never had them to begin with and now you made them win this case because YOU GAVE them the evidence needed to win. They didn’t have it, you had it, and now they’ve won. That makes them LAUGH. Easy win people.
When I was answering my Request for Documents I didn’t give them anything. This was a Junk Debt Buyer. My answer to their requests was simply WHY THE HELL DON’T you have this?
No, seriously, I answered them with:
The Defendant objects as the Plaintiff’s request for Documents No.*is overbroad and unduly
burdensome to the extent it seeks documents or records that are that are not within the current
knowledge, possession, custody or control of the Defendant, the Plaintiff claims they are the Assignee
of the alleged account therefore these documents should be more readily or accessible to Plaintiff from
Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Defendant
has no documents to provide this request.
Here are some examples of what you might see on your Request for Documents from a Collection Attorney:
Please produce any and all documents for account number ****************
Please produce the contract for account number ******************
Please produce any and all copies of checks made out to BANK NAME for payment on Account Number *******************
Please produce copies of any and all agreements made between BANK NAME and Your Name for Account Number ************
And so on and so forth. I had many of these requests thrown at me from an Assignee of a bank and was like what the hell? How can they sue me if they don’t have any of these to begin with? They are asking for more proof to build their case against me. I responded to all of these with a simple Objection and reason as stated above.
Be careful, like I have said they most likely don’t have any of these documents, they want you to produce them, so that they can easily win their case against you. Proceed with Caution.
To see Full Discovery in a Credit Card Lawsuit Case Click Below for further information: