Legal Question in Credit and Debt Law in California

Discovery Issues and evidence

Being sued by debt collection agency for alleged credit card debt. I'm pro se. Plaintiff has not responded to my request for production of documents substantiating claim, verifying debt with original creditor and/or evidence that they are the legal assignee/owner of debt. Can they (1) ask for Summary Judgment without this proof, and (2) will the judge send this to judicial arbitration ordering them to respond to my discovery without a motion from me to compel? My Case Management Conference is in 2 weeks--I've responded to their discovery requests (Interrogatories and requests for Admissions) by stating that I do not have enough personal knowledge to answer the questions, or in the alternative, I deny the facts they allege. Can the case be dismissed if they do not present sufficient evidence of a contract? Thanks.


Asked on 4/25/06, 5:04 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Discovery Issues and evidence

You must follow the legal steps to show that documents don't exist. File your motion to compel -- or hire a lawyer to do it for you. I just succeeded in backing a creditor into a corner when they couldn't produce any documents and pulled the same stunt that your creditor's pulling on you. They're dismissing the case. Good luck.

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Answered on 4/25/06, 7:22 pm


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