I need to file a motion in the court to compel the attorney for credit card company to produce debt proof. Where can I find this form? Any help will be appreciated.

Hello e:

There is NO form. Every court has it own way it likes documents presented. Some may or may be the same as other courts. If you don't practice regularly in that court, then you'll probably do it wrong.

If you're defending yourself, you're going to be better off just writing a certified letter to the attorney, send a certified copy to the court, and ask the judge to accept your letter as a motion. He probably will.

excon

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Originally Posted by eeeao

I need to file a motion in the court to compel the attorney for credit card company to produce debt proof. Where can I find this form? Any help will be appreciated.

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Yes, it is not a form, but a pleading. You need to reearch the court rules for your jurisdiction. It is not hard to type up. You could also research "Production of Documents and Things for Inspection."


First you ned the proper heading format, most word programs have pleading template you can use. Title would be DEMAND FOR INSPECTION OF DOCUMENTS
The body would go like this:

DEMANDING PARTY:

RESPONDING PARTY;

SET NUMBER:

Pursuant to Code of Civil Procedure section 2031, defendant ______, demand the plaintiff ________ produce and permit inspection and copying of the documets described below on (Month, Day, Year) at (Time) the (Location).

The documents to be prodced are:
1. Any and all documents which substantiate the claim for _____

2. Any and all documents which substantiate the claim for _____


(etc, any doctuments which relate to what you are trying to discover.)

Dated:

Signature
Typed name and position(in pro per)

Above section is from California. You need to find the section and wording for you own jurisdiction

Actually you don't need to do anything more than send the attorney a letter stating you need verification of the debt. Send a copy to the court. The letter should accompany a copy of your notice of Intent to Defend that you send as a response to receiving the summons.

The attorney knows that he has to verify the debt or he will lose his case. If he doesn't produce the documents prior to the hearing he will have to produce them at the hearing. You will then be given time to review them.

So don't worry about "compelling" the attorney to produce the documents. The law already does that. But I doubt if a judge will issue a subpeona to produce the records prior to the hearing.

Yes, but in most cases, that validation is normally requested long before it reaches court level. Them filing the DEMAND FOR INSPECTION OF DOCUMENTS with the courts also puts it on the court record that the document has been officially asked for. It seemed to me "eeeao" has asked for it and not received it yet; this way they have to produce it as well as any other supporting documents.

But each has their own methods

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Originally Posted by Cailleac Bhuer

Yes, but in most cases, that validation is normally requested long before it reaches court level. Them filing the DEMAND FOR INSPECTION OF DOCUMENTS with the courts also puts it on the court record that the document has been offically asked for. it seemed to me "eeeao" has asked for it and not received it yet; this way they have to produce it as well as any other supporting documents.

But each has their own methods

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Yes, in most cases the verification is requested when the summons is answered. And I also felt that the OP had already asked for them and they have not been sent.

That also is par for the course. In fact, in most cases the plaintiff does not have the documents. They are counting on the defendant to not answer so they can get a default judgement without producing documentation. Even if the defendant did not previously request the verification it can be requested at the hearing. But as long as the request is on record I wouldn't advise wasting time trying to compel the plaintiff.

Yeah, we all know how PDC's go. Good call. I just was offering an alternative is all as, if requested before the court level and the debtor does not have that, or it if it is not of court record, it is their (debtor) right to request it. I have knowledge of a case where a Penny Debt Collector is going after a person for a debt where the debt is not verified and is not the debtor’s ssn, though they have the same name... So, to me the production doc seems the best answer but every case and matter is different. Maybe eeeoa should try both, both seems the court file doc would have more impact on the opposing as well as the court I tend to think and feel as we are all humans and not machines even though working in t he court system... having worked the law from one end of the spectrum via peon meter maid, to the other of the robe, I appreciate fact i am now retired and can speak freely and anom and actually help a person who really needs it not all who need help can afford to pay for it, I am sym and empathetic to that fact of life. Given fact eeeoa states “I need to file a motion in the court to compel the attorney for credit card company to produce debt proof. Where can I find this form? Any help will be appreciated.” I tend to believe this matter is already in court litigation and the attorney for the creditor is failing to produce, hence my response.;)

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Originally Posted by ScottGem

Actually you don't need to do anything more than send the attorney a letter stating you need verification of the debt. Send a copy to the court. The letter should accompany a copy of your notice of Intent to Defend that you send as a response to receving the summons.

The attorney knows that he has to verify the debt or he will lose his case. If he doesn't produce the documents prior to the hearing he will have to produce them at the hearing. You will then be given time to review them.

So don't worry about "compelling" the attorney to produce the documents. The law already does that. But I doubt if a judge will issue a subpeona to produce the records prior to the hearing.

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My personal experience has been once a person begins to "play lawyer" by submitting what they think are legally sufficient forms they destroy their own case.

Better to admit you're not legally trained, submit the letter, state clearly what you are seeking.

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Originally Posted by JudyKayTee

My personal experience has been once a person begins to "play lawyer" by submitting what they think are legally sufficient forms they destroy their own case.

Better to admit you're not legally trained, submit the letter, state clearly what you are seeking.

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Exactly! Especially in small claims court. Judges are more likely to give you leeway if you don't appear to know the legal forms. But if you try writing your own legalese you are more likely to be tripped up.