Legal Question in Credit and Debt Law in California

I am being sued for an unpaid credit card account. I sent a deb verification letter to them and they responded with the requested documents. A few weeks later, they sent me a formal "Plaintiff's Demand for Production of Documents to Defendant" which was filed with the courts. My question is - am I required or otherwise obligated to provide evidence against myself?


Asked on 7/09/12, 3:27 pm

2 Answers from Attorneys

Yes you absolutely are, unless it is evidence of a crime. The right not to self-incriminate only applies to criminal conduct. Civil discovery must be responded to and unless a privilege or other excuse for non-compliance applies, you have to produce everything requested.

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Answered on 7/09/12, 4:05 pm

I should also add that failure to comply will result in "sanctions" which can range from monetary fines, such as being ordered to pay some part of the other side's attorneys' fees, to a decision that the case is over without a trial or other proceedings to defend yourself, and you lose for failure to participate as required by law.

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Answered on 7/09/12, 4:07 pm


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