Forster Garbus

If you where sued them you can not send a DV letter at this point.

Did you answer the summons? That is the first step. The next step will be the court setting up a case management conference, probably about 3 months from now. You will be getting interrogatories, request for production of documents and request for admissions and you must answer them usually within 30 days.

At that point you can send them a request for production of documents. You will see the format they use when they sen you theirs, you will pretty much have to use the same format. You should also include a certificate of service with this stating the date you sent it, how, where and what you sent. initial the pages only.

If I can give you an idea of how it will look i will try.

Hope this works the headline is centered and the other things above the line are right and left of the page usually.

[center:071a47fc55]COMMONWEALTH OF NEW YORK[/center:071a47fc55]

[left:071a47fc55]BUFFALO. SS.[/left:071a47fc55] [right:071a47fc55]BUFFALO DISTRICT COURT[/right:071a47fc55]
[right:071a47fc55]DOCKET # 1234DC1234
[/right:071a47fc55]
[left:071a47fc55]DEBT COLLECTOR
Plaintiff
)
)
John Doe
Defendant[/left:071a47fc55]

___________________________________________________

Pursuent to rule XXXXX of new york rules of civil procedure the defendant hereby sends first request for production of documents..............................Not sure on the full text

1. What the money you say I owe is for;

2. Explain and show me how you calculated what you say I owe;

3. Provide me with copies of any papers that show I agreed to pay what you say I owe;

4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;

6. Prove the Statute of Limitations has not expired on this account

7. Show me that you are licensed to collect in my state if required

8. Provide me with your license numbers and Registered Agent

9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.

10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..

11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.


[right:071a47fc55]
______________
john doe
pro se
12 anytown st
anytown usa
(123) 555-5555[/right:071a47fc55]