I've been sued in Orange County, California on a collection debt (medical bills). The dates alleged in the complaint are wrong and I don't think the amounts are correct either. My records were lost and I've asked the collections company for proof of the debts -- to no avail. I've responded to the complaint and want to propound some interrogatories, requests for production and requests for admissions. Do you have samples that I could use to get proofs of the charges, dates and even that I owe the amounts they allege? Thank you for any help you can give me.

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Originally Posted by lvnletlv

I've been sued in Orange County, California on a collection debt (medical bills). The dates alleged in the complaint are wrong and I don't think the amounts are correct either. My records were lost and I've asked the collections company for proof of the debts -- to no avail. I've responded to the complaint and want to propound some interrogatories, requests for production and requests for admissions. Do you have samples that I could use to get proofs of the charges, dates and even that I owe the amounts they allege? Thank you for any help you can give me.

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If there has been no hearing on this and the background info has not been provided it will be dismissed for failure to prove the debt and you need to do nothing else.

I assume you responded in letter form, copy to the Court, within the appropriate time frame - ?

Thank you so much, Judy. The attorney for the plaintiff is asking the court to set the case for trial. He states that there is no more discovery to be conducted (there has been NO discovery conducted at all!). Will they have to produce the documents, etc. then? How do I prepare to respond at the trial if I don't even know what they have?

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Originally Posted by lvnletlv

Thank you so much, Judy. The attorney for the plaintiff is asking the court to set the case for trial. He states that there is no more discovery to be conducted (there has been NO discovery conducted at all!). Will they have to produce the documents, etc. then? How do I prepare to respond at the trial if I don't even know what they have?

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I will double check but you can't prepare a defense if you don't know what documetation the Plaintiff has. For example, you don't even know if it's within the Statute. You can't be expected to drag every scrap of paper along with you when you don't know what this is about.

I see you asking for dismissal on the grounds they cannot/did not/refused to substantiate their case - is this Small Claims or a superior Court - ?

It was filed in Orange County, California Superior Court (Limited Jurisdiction). Plaintiff is represented.