Discovery question

Absolutely they must. Was the statement also accompanied by a sworn affadavit? If so, it would be inadmissable in court unless the person who swore it out is there to testify. File a motion to Compell if they do not provide the requested documents from the OC.

thanks NASCARdevil i was wondering the same thing. i'm not having much luck on this site. i see people asking for help and advice it and the get blown off. at least some people on here are helpful.

No sworn affidavit with the account statement. All motions are verbal in my court room so I could verbally motion to compell the document at trial (I think) I will have to read up on that one in my court room rules. Thanks Nascar.

p.s. guest and others please don't ever feel like you are being blown off, sometimes it just takes a while for questions to get answered. There are so many. Keep trying, don't give up, and the right person may come along to answer for you.

:)

What state are you in? Many courts will give a Pro Se defendant a bit of latitude but it never hurts to have a basic understanding of your states Rules of Civil Procedure.

Colorado - CRCP I think it was rule number 8... No other written motions or pleas are necessary other than a complaint and an answer... something like that. I think I can file a written one if I want to (just not necessary?) I'm still checking...

nascar is on the money--that is NOT acceptable validation. If you need to, you can reference section 809 of the FDCPA to back you up. It clearly states that proper validation of a debt must come from the original creditor, not from any collection agency and not "in-house". If they still cannot produce this documentation even with a motion to compel discovery, then you should motion for dismissal with prejudice, since the plaintiff has not met the required burden of proof.

aahh, I will reference 809. TY! I need all the reference i can find. I hope this isn't a dumb question...but, what exactly does it mean when you motion to compel discovery. Does it just mean that you compel because it is not a part of requested discovery? or Does it mean that you object to it and you need to reference a legal reason why you compel? If I motion to compel is the judge going to reschedule the trial so allow more time for plaintiff to come up with requested discovery?

It means that they have not provided the documents requested in Discovery. The Motion to Compell would be a court order forcing them to provide it. The judge would give them a reasonable time to produce the requested items so could delay things.