What happens if the defendant doesn't produce requested Collection Notes and Dialer Reports made by Plaintiffs during discovery?

Asked about 1 year ago - West Hempstead, NY

This is a debt collection case and the defendants are very bullheaded and non-compliant.

Attorney answers (2)

  1. Paul Karl Siepmann


    Contributor Level 18


    Lawyers agree

    Answered . If Plaintiff is trying to collect from Defendant, why would Defendant have collection notes and Dialer Reports made by Plaintiff? Your question is unclear or perhaps backward. In any event, If one party demands specific items from the other during discovery, and the other party doesn't produce them, the non-producing party can be precluded from trying to introduce those items at trial, and the requesting party may be able to ask the court to impose a negative inference against the non-producing party with regard to that evidence.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. Jayson Lutzky


    Contributor Level 20


    Lawyer agrees

    Answered . Follow the advice of the prior responder. Also, consult with your attorney. Is it a debt collection case or an FDCPA case?

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now