Motions to Compel - Forcing the Debt Collector to Answer Discovery

For a ton of information on fighting the debt collectors, go to: http://yourlegallegup.com/products.htm.How do you force the debt collector to give you the information you need to beat it? You've asked your interrogatories and requests for documents--now you need to follow up with a motion to compel: http://youtu.be/DMjYcR7ueLs Motions to compel are the way you ask the court to force the debt collector to give you the information you need. In order to do that, you must show that the evidence you seek in discovery is "reasonably calculated to lead to the discovery of admissible evidence." That means that although the evidence itself need not be evidence you could show a jury, if it's part of the "investigation" you use to find that sort of evidence, it should be good enough. Because the debt collectors usually don't have any evidence, they tend to resist your efforts at discovery, often either ignoring your requests for information altogether or trying to bury you with "form" objections. This can make filing a motion to compel necessary but very time consuming. For a product that can help with that, check out the Motion to Compel Pack at Your Legal Leg Up.

Category:

Education

Tags:

• motion to compel
• force the debt collector
• interrogatories
• requests for documents
• debt collector
• discovery
• force cooperation
• force discovery
• make the debt collector
• pro se
• represent
• fight debt collector
• debt law
• debt lawsuit

[bc1969214]

If you don't file a motion to compel and mention to the judge that no information requested has been provided, does that suffice? It almost sounds like you need to ask three times, the initial request, a followup letter than the motion to compel.

[Fightdebt]

@bc1969214 Yes, three times. The request itself, of course, then the follow-up letter to "resolve conflicts" without the judge having to get involved, and then the motion, which is the first time the judge hears about it. "Mentioning" things to judges almost never works, although they can get mad and issue orders sometimes. But think of the motion as your first request to the judge to make an order. Just mentioning it is NOT effective.

[beautyescalated]

Very helpful