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    mdrowan's Avatar
    mdrowan Posts: 1, Reputation: 1
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    #1

    Oct 5, 2010, 09:03 AM
    Do you need to write a demand letter before filling a Motion for Discovery
    I want a Motion for Discovery because my ex is claiming he can't afford to pay the court ordered private schooling tuition. I know that is not true. Therefore, the Motion for Discovery would prove (from paystubs and bank records) he can afford to pay and is in contempt. The state is Alaska. I am trying to figure out if I need to write his attorney a Demand Letter prior to filing the Motion for Discovery requesting financial documentation.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Oct 5, 2010, 09:15 AM

    You'd be wasting your time sending the attorney the demand letter. Just go ahead with the Motion for Discovery. But you could also file a Motion for Contempt if the ex was court ordered to pay for the tuition in the first place.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 5, 2010, 09:19 PM
    Quote Originally Posted by mdrowan View Post
    I want a Motion for Discovery because my ex is claiming he can't afford to pay the court ordered private schooling tuition. I know that is not true. Therefore, the Motion for Discovery would prove (from paystubs and bank records) he can afford to pay and is in contempt. The state is Alaska. I am trying to figure out if I need to write his attorney a Demand Letter prior to filing the Motion for Discovery requesting financial documentation.
    You have filed a motion to enforce the support order?

    In Alaska, we engage in discovery in much the same way it's done in most places in the U.S.: one requests information from the opposing party, and only if the other party refuses or otherwise fails to comply do you file a motion with the court.

    So what you would do is send his attorney a request for production (a demand letter would serve the same purpose, but I have seen at least one attorney in Alaska refuse to honor it because such a letter was not what he regarded as a "regular" RFP. :rolleyes:), by which you demand copies of all of his paystubs and bank statements, check registers and other bank records for a suitably described period. If he objects, or fails to produce the documents within 30 days after service of the request, you would then file a motion to compel.
    lamiloja's Avatar
    lamiloja Posts: 1, Reputation: 1
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    #4

    Jul 18, 2012, 08:29 PM
    Im living in a property that is in foreclosure and I didn't know. The owners resquested for me lo live the deposit and leave the apartment. I did not move now I received a summon, if I want o file a motion what should I write on my letter

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