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

West Hempstead, NY |

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

Attorney Answers 2

Posted

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.

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Asker

Posted

We meant Plaintiff requesting collections notes and dialer report from the defendants.

Posted

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 it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Asker

Posted

This is a FDCPA, TCPA & IIED case involving a third party debt collector.

Jayson Lutzky

Jayson Lutzky

Posted

Federal court? EDNY?

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