Discovery in Debt Defense
The discovery process in debt law suits may be key to having a chance to win.
If you are being sued by a debt collector, you probably wish the case would “just go away.” It may be tempting to do nothing BUT hope that it will. But if you want to give yourself a real chance to make that happen, you will need to take action. After filing your Answer to their suit, what next?
The process of formally finding out what they’ve got.
What is Discovery?
Discovery is the process by which you ask what the debt collector has that might prove its case. And you ask for things that might help you defend yours.
Remember that for them to win, they must use evidence that obeys the rules of evidence (if you make them). Since they have to prove their case, you can win if you prevent them from doing this. And you can win in a quicker, easier way, if you can show ahead of time that they cannot prove their case. (You do that by filing a motion for Summary Judgment.)
Therefore, the key is to find out what they have. Discovery is the way you do that.
Discovery Discourages the Debt Collector
Debt collectors hate to spend money on your case. This is not because they think they will lose the case – at least not at first. It’s because they expect it to be hard to collect anything from you. If you pursue your right to discovery, you will force them to spend time on your case. And time is money. There will come a point when suing you becomes unprofitable for them. When that happens, there’s a pretty good chance they’ll drop the case. Therefore, working on this increases the chances they will drop the suit.
How to Conduct Discovery in Debt Defense
You conduct discovery in debt defense cases the same way you would in any case. That is, there are specific rule – the Rules of Civil Procedure – that control what you can do. Therefore, you must FIND these rules for your state.
Our materials, of course, help you figure out the things you should ask for in order to win your case.