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Discovery in a debt collection civil case.

Alta, CA |

I need to file a case management statement.It asks if all discovery is completed and then also asks "the following discovery issues are anticipated".What is completion of discovery and what issues may be anticipated?Is there a form I can send to the plaintiff to ask for proof of debt?Please be as thorough as possile.I really appreciate your help.Thanks.

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Attorney answers 2


Too little information exists to make many valid observations for you.

The early stages of the lawsuit may involve initial disclosures of evidence by each party called discovery. Discovery is meant to eliminate surprises and clarify what the lawsuit is about.
Discovery is complete when all information is passed between the parties, or when the court orders that discovery is complete.
Anticipated discovery are the kinds of things the parties might want from each other.

I think if you need more you are going to need to hire a lawyer.

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I represent consumers who are being sued on a debt and send out discovery to the Plaintiff's lawyer as soon as I can, unless I am able to settle the case for the client. I normally send out demand for production of documents, interrogatories, and requests for admission, each of which have a 30 day response time, plus 5 days for mailing. If you continue to represent yourself (which is not a good idea for anyone, even a lawyer), you need to do this, as well, or you will be going to trial without any preparations, such as errors in the bills, improper or inadequate evidence, and other problems with the evidence.

The fact that you have answered the lawsuit and filed an answer is not enough, as the Plaintiff may move for summary judgment and you will have no trial at all, if you do not timely file a proper opposition to it. I urge you to hire an attorney with lots of experience defending these lawsuits. If it is a general practice attorney, they will charge you extra as they don't have a bank of forms in their computer for this sort of lawsuit, and they will spend time to prepare those papers. A debt collection lawsuit is a special type of lawsuit, demanding specific defenses and discovery to defeat it.

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