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    hipncash's Avatar
    hipncash Posts: 14, Reputation: 1
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    #1

    Feb 9, 2008, 05:32 PM
    Discovery Small Claims Collection Company Documentation
    On the pre-trial statement in a lawsuit filed by a debt collection company they stated that they would complete discovery within 60 days and they listed all the items they had. This time has since passed. The case has gone to trial which is this Tuesday. Just this past Thursday they subpoenaed a bank of mine for all documentation related to a certain account and for them to provide a witness. This documentation was not something they stated they had initially. Can this be done since it has passed the Discovery time frame they initially stated? Thank you in advance and have a blessed day my friends! : )
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Feb 9, 2008, 05:51 PM
    You are correct about the discovery cut off rules. The only thing that I can think of why they did this would be for garnishment or freezing your account to collect the judgment. Did they in fact get a judgment against you?
    hipncash's Avatar
    hipncash Posts: 14, Reputation: 1
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    #3

    Feb 9, 2008, 06:07 PM
    No they did not. The judge has not made a decision yet on the case. I subpoenaed the law firm from the company suing me to question them due to violations of the FDCPA. They then issued a subpoena to my bank for documentation and a witness. How should I bring this up to the judge to not let these actions be carried out or be admissible?

    Thank you for your response as well. It is much appreciated. Does this also prove that they did not due their due process prior to actually filing a lawsuit against me?
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