Request for Production of Documents to Plaintiff Junk Debt Buyer
I’ve read through many examples of discovery to junk debt buyers and am always surprised at how voluminous and off point they can sometimes be. Forget about being all fancy pants – if you’re not a lawyer, don’t act like one. Don’t draw up discovery you can’t understand yourself, its worthless. Remember, there is no discovery in Magistrate court!
Some of the more popular Request for Production of Documents requests I’ve seen sent to Plaintiff junk debt buyers are as follows:
All documents showing how the Plaintiff acquired the account, including but not limited to,
a) the previous owner(s) the account;
b) the acquisition price of the account;
c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration the a broker received with respect to the sale;
All documents demonstrating assignment of the account including, but not limited to,
a) The identity of the assignor and their address;
b) The identity of the individual making this assignment and any materials authorizing them to do so (ex. job description, corporate resolution, etc);
c)The credit agreement from account that states interest rate, grace period, terms of repayment, et cetera;
A complete accounting of the amount Plaintiff claimed due from the Defendant, including principal, interest, fees, collection charges and any other components that contribute to an amount of $XXXX.XX.
A contract, agreement, assignment, or other means demonstrating that Plaintiff has the authority and capacity, and is legally entitled to collect on the alleged debt from account;
Letter(s) sent to defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt, account;
A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;
Any and all further documents that you believe establish that defendant had an outstanding account or debt related to account;
Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;
All documents plaintiff may present as exhibits at trial.
Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).
Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);
Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;
Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or account in possession of plaintiff and/or plaintiff’s attorney;