Putting together a Discovery demand

(from www.debtorboards.com )

A key part of the Flyingifr Method is to make the other side work for everything they try to get from you - so you have to fight them tooth and nail over every facet of the case. Lawyers thrive on this strategy, and as long as lawyers don't work for free, the more work you make their lawyer do, the higher the legal bills they have to pay. Some would fear that if you lose they can pass these legal bills on to you. To do so would be contrary to law, because it would violate a fundamental right to defend oneself. As long as your arguments are not frivolous, you can mount them.

An important part of a civil suit is Discovery. This is conducted after the preliminary pleadings (the summons, the answer and the reply) and trial. Discovery is not conducted ina Court before a Judge, but issues pertaining to the Discovery can be submitted to the Judge for a decision (more about this later). Discovery is correspondance between you and the other side wherein you each (yes, they have Discovery rights also) "feel out" the other side's case. The purpose of Discovery is to reduce the issues for the Court to decide. Whatever is agreed to in Discovery (admitted or Stipulated) will be regarded as a settled matter at Trial.

In putting together your Discovery demand, keep in mind that you are not restricted to one Demand. Answers to questionsin Discovery Demand #1 can create questions that are proper in Discoverty Demand #2. The Discovery Demand has three basic parts: Questions, Admissions and a Demand for the Production of Records.

Hypothetical Situation Let's say XYZ JDB LLC is suing Flyingifr for a ten year old credit card debt. That credit card debt is now in the hands of the third JDB.

QUESTIONS

In the Questions section, you must put yourself into the Court room and mentally have the other side on the Stand. What questions would you ask? What proof of the answer woiuld you demand to back up the answer? In the hypothetical case in point, here are some of the questions I would be asking in my Discovery:

First, let's see if the Plaintiff really exists and has the right to conduict business in my state and use its Courts

1. What is the true and correct name of the Plaintiff? In what state was the Plaintiff Organized? When? Provide a certified copy of the Organizational documents as well as certified copies of any amendments thereto.

2. Has the Corporate Charter lapsed or been revoked by the Domiocile State? Provide a Certificate of Good Standing issued by the appropriate Department of the Domicile State.

3. Has the Plaintiff been admitted to conduct business in Arizona? Are all licenses and bonds in place, if required? Provide a copy of same as well as a Certificate of Good Standing from Arizona.

Now let's get to the nitty gritty of the case

4. What is the name of the company that allegedly (everything is alleged. Admit NOTHING) granted the alleged credit that is the subject of this matter? Provide a copy of the application for credit that the Original creditor relied on, a copy of the promissory note or other document indicating Defendant agreed to be bound by any credit agreement, and a complete posting history of the account, showing all charges, debits, credits, returns, offsets and charge-backs from inception of the account to present date.

5. What is the name of the company that Plaintiff purchased the alleged obligation of Defendant from, and when was it purchased? Provide a copy of the bill of sale, Bulk Transfer Affidavit and cancelled chack evidencing payment. notice that the amount paid for the debt is irrelevant. Don't raise that issue, it will get tossed out of Court immediately

6. What is the name of any intermediary owner or owners of the alleged debt? Provide a complete chain of ownership of the debt.

7. What was he status of the alleged obligation of the Defendant when it was allegedlypurchased by Plaintiff?

8. If FDCPA voilations are alleged Provide the names, residence addresses, business addresses, titles and telephone numbers of all persons in Plaintiff's employ who regularly enganged in Collection activities with regards to the alleged account of Defendant.

9. If FCRA violations are alleged Provide the names, residence addresses, business addresses, titles and telephone numbers of all persons in Plaintiff's employ who regularly enganged in reporting to or recieving disputes from Credit Reporting Agencies with regards to the alleged account of Defendant.

Notes to 8 and 9 - these will go on much longer, examining any polilcies, procedures, coltrols and compliance education for employees, including class lists for all emplyees who attended (looking to see if the people who are named in 8 or 9 actually attended - tghis will help blow the Bonafide Error defense out of the water). Also you want the curriculum vitae of the instruictors and complete class materails to check for actual compliance with law

Demand for Production of Documents and Records

10. Provide all notes, memoranda, e-mails, computer records in written (non-magnetic) form and any and all other documents not protected by Attorney-Client provilege regarding to the Defendant's alleged account, including but not limited to contracts, charge slips and credit memos.

11. Provide any an all documents that Plaintiff intends to or may produce at trial as evidence.

12. Provide the name, address, title and telephone number of all witnesses Plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as custodian of the matters to which they may testify.

and soforth.... since each case is different, you will have to adapt this to the case you have. What is here is general in nature.

ADMISSIONS:

13. Admit that Plaintiff does not have custody or legible copies of any documents with Defendant's signature on it.

14. Admit that Plaintiff's employees regularly engage in conduct and collection tactics that violate FDCPA...

Expect them to deny every Admission.

Also expect them to object to every question and demand for a document as either "vague" or "proprietary" or for soth other reason. When they do this, you submit the matter to the judge, in a Motion, to order them to answer or produce, setting forth why (a) the matter at isssue is a fundamental part of the Plaintiff's burden of proof, (b) is a key factor in Defendant's defense or Counterclaim, or (c) is neither vague nor privileged and is needed for Defendant to narrow the issues, or any combination of these. The Judge will rule, and you go from there.

Just send them on a long trip, make their attorney work and run up their legall fees.