Legal Question in Credit and Debt Law in California
I was served a summons to pay a credit card debt, I am not familure with the credit card company name listed in the summons....I am filling out the answer to the summons as we speak but I would like to file a request for proof of contract, can you tell me what form I need to use for this?
3 Answers from Attorneys
Type up a demand for production of documents.
I hate to tell you this -- the practice of law is not all forms! You might want to go to the law library and find samples of a demand for production of documents. You then would have to customize it up, type it up, sign it, and have someone serve it on plaintiff's attorney. If by mail, the lawyer would have 35 days to provide you with a response and responsive documents. If that doesn't happen, then you might have to file a motion to compel, and seek monetary or other sanctions.
You can do a formal production of documents request but you will need to spend lots of time learning law on how to do litigation and discovery. However, the credit card company suing you must prove its case at the trial and present the necessary evidence at trial to prove its claim against you to the judge. Therefore, you may have to wait for trial day. However, you will probably be making at least one appearance in court at some point before trial and you can ask the judge to order the attorney for the credit card company to give you want you want. That is not the formal way to do it but judges like cases resolved and might ask the attorney to comply with your request so that you can be satisfied that you do owe the money and try to settle the case before trial. Although you must be as knowledgeable as an attorney to represent yourself must judges will be flexible with people who represent themselves do long as you don't delay or obstruct the process and the judge gets upset.