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-   -   Discovery in Small Claims Court (https://www.askmehelpdesk.com/showthread.php?t=311938)

  • Feb 2, 2009, 11:22 AM
    txtxcal
    Discovery in Small Claims Court
    I was sued by a debt collector in small claims court. I filed my answer and a pretrial conference was scheduled for March 30. Then I received a Request for Admissions and a request for production of documents from their lawyers. Are they not jumping the gun a little bit to be sending me this before the pretrial conference. Does this mean that I can also start the "Discovery" process on them?
  • Feb 2, 2009, 11:31 AM
    ScottGem

    This is usually a scare tactic on the part of the plaintiff. You do not have to make their case for them.

    As part of your answer, you should have sent a copy with a request for verification of the debt to the plaintiff. If you haven't done so, you should do so, immediately.

    As for what they sent you, return them blank with a cover note that states; I can not affirm this debt until I receive verification that it is valid.
  • Feb 2, 2009, 11:45 AM
    txtxcal
    Thanks for your response. I take your answer to mean that I can also start serving them with requests for documentation.
  • Feb 2, 2009, 11:51 AM
    ScottGem

    Small Claims court is a more informal venue. "Serving" someone implies using a legal process server to inform a party to a lawsuit of motions made to the court.

    All you need to do is send a letter to the plaintiff request verification of the debt. Send it certified mail if you prefer.

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