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

    Pro

    Contributor Level 18

    2

    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.

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  2. Jayson Lutzky

    Pro

    Contributor Level 20

    1

    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?

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