Discovery in Debt Law

Discovery in Debt Law – What it is

Discovery in a lawsuit is the process by which the parties find out what each other have to support their claims in the litigation.

  • You can ask and answer Interrogatories, which are questions.
  • You can make Requests for Admissions, which are requests for the other side to admit something specific is true.
  • You can request Documents or other physical things (including digital recordings).
  • And you can, if you like, take a Deposition, which is a sort of interview where the witness answers questions under oath.

We discuss the process generally here, you will find much more in the specific sections.

General Videos on Discovery

These videos will take you to our “parent” website at Your Legal Leg Up.

Conducting Discovery When You’re Sued for Debt, Part 1

How do you conduct discovery that helps you when you’re being sued for debt? This video explains some of the first things you need to do to start the discovery process.

Conducting Discovery When You’re Sued for Debt, Part 2

How do you conduct discovery that helps you when you’re being sued for debt? This video explains some of the first things you need to do to start the discovery process.

More

Both parties can conduct discovery. Debt collectors often neglect to do so, but debt defendants should never do so.

Conducting discovery is one of the main ways you can win your case – either through finding materials that are actually helpful to your cause, establishing that the debt collector does not have to prove its case against you (much more likely), or simply making their pursuit of you too expensive to be profitable (almost certain). Thus having credible discovery and a method for pursing it are important.

Debt collectors entire the litigation process with a packet of information which they hope will be enough to win the case – it’s usually enough to allow the judges to wink and let it go. That means that you have both an opportunity and a need to find out exactly what the debt collector has. And where and how it got it. Asking questions in discovery is the way you do that. This does several good things for you. It drives up the cost of litigation. It exposes the weaknesses of the debt collector’s case. And it allows you to get used to doing battle in or around court.

For Members

The Discovery section for members includes Discovery to Serve and Responses to Discovery – and each of these categories includes interrogatories, requests for admissions, and requests for documents, which are linked from the Discovery to Serve and the Responses to Discovery pages. If you need to file a “good-faith” letter – the letter where you confer with the other side prior to filing a motion to compel, take a look at this example.