To push your discovery and file your motion to compel means you have to take each of your discovery requests and say why they are relevant to the case, whether it’s for your defenses or counterclaims.
If you are supposed to try to “work things out” with the other party before you file a motion to compel, send a letter to the other party’s attorney discussing some of your reasons for each thing. And you give them five days to respond. Or a calendar week. With the desired materials. It’s nice if your letter has the main reasons, but you probably don’t need to do much, or even any, research at this point. Speed is more important.
They still won’t give it to you
It is almost certain that you will not get anything meaningful in response to your letter. And the fact is that he is writing the letter primarily for the court. When the time expires, he’ll have his (very, very unlikely) discovery, an answer that doesn’t say much more than legal jargon but probably won’t provide him with documents, or he’ll have nothing. Which is more likely.
speed is so important
Since you already know that you shouldn’t expect anything in response to your letter, don’t wait for the time to expire! Speed here is important! It’s smart to spend time on your move to compete. And this is where you’ll want to do a little digging, but not too much.
You want to be able to file a motion to bind the day after the time given to the other party expires. That puts you in charge of the case in a wonderful way. In the worst case scenario (if the discovery is served to you before your time expires so you can’t file your motion to compel), you won’t waste time, because you’ll learn a lot more about the law as you prepare.
And in all likelihood you will have to file the motion. So this time write down all your reasons for wanting the discovery you were looking for, do some research and argue in court…
that you want and need, and are entitled to, the discovery sought.
Different states have different rules regarding motions to compel. I’m sure they all require you to attach a copy of the discovery you wish to provide to your motion to bind and reference each in the motion.
This part is not easy
It is a lot of work. I’m not going to try to trick you. This is the biggest job you’ll have on the whole case, maybe. But it will be hugely worth it. You will come out of this movement more powerful and ready to take charge – of anything! – of what you have felt for years.
You will learn a lot about the law. They can never kick you after this.
And there is a very good chance that it will completely force the debt collector to dismiss the case against you.
work fast and well
So work fast and work well. Look at your state’s rules of civil procedure for motions to compel and look at your local rules. You have to follow the form they describe to win in most jurisdictions. The court may not be allowed to rule in your favor if you do not follow the rules strictly. So follow the form.
If the collector has objected to everything, then you should ask the court to grant you everything you request. You have to give him reasons why each thing might matter, and you can’t assume that any of it is “obvious”.
