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    GeorgiaR's Avatar
    GeorgiaR Posts: 2, Reputation: 1
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    #1

    May 11, 2011, 02:43 PM
    Notice of Service of Discovery Material
    I have an old debt that has caught up with me. It has now been turned over to a debt collection attorney. After a few letters I recently reached out to them to try and settle the debt at a negotiated rate, it ended up being about 37% of what the actual amount was. I paid them them the agreed amount but have now received copies of subpoenas they sent to 3 creditors I currently have requesting documents under a "Notice of Service of Discovery Material and Certificate of Service." What are these documents for and will the attorney come back and not accept my payment I have made?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    May 11, 2011, 05:41 PM

    Do you have documentation of the settlement?
    GeorgiaR's Avatar
    GeorgiaR Posts: 2, Reputation: 1
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    #3

    May 11, 2011, 07:20 PM
    I spoke to them on May 2 and they mailed out the settlement agreement the same day. The Notices of Service Discovery are dated May 3.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 11, 2011, 08:29 PM
    Quote Originally Posted by GeorgiaR View Post
    have now received copies of subpoenas they sent to 3 creditors I currently have requesting documents under a "Notice of Service of Discovery Material and Certificate of Service." What are these documents for ...
    You received copies of subpoenas sent to some of your other creditors? A ""Notice of Service of Discovery Material ..." would be a notice to you that these subpoenas were being served on those third party witnesses. Normally a subpoena would require them to appear at a certain time and place to have their depositions taken. I assume they are subpoenas duces tecum, the phrase "duces tecum" meaning that the witnesses are to bring certain named documents with them for the depostions.

    The "... Certificate of Service" part of the document you received constitutes proof to the court that the Notice has been served on you. The applicable rules normally require that they prove you have been served before they can get the subpoeanas issued by the clerk of court.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    May 12, 2011, 02:50 AM

    You should not have paid anything until you received the settlement agreement. Have you received it yet?
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