Legal Question in Credit and Debt Law in Georgia
Hi
I recieved requests for production, Plaintiffs 1st interrogators, and admission of facts. I want to send my request for production...is it plagiarism if send them their same questions back to them.
For example: them..you applied for, and recieved, a credit card Acct #____ from the plaintiff...I want to send : You can prove defendant applied for, and recieved, a credit card Acct #____ from the plaintiff.
For ex: Identify all documents that you assert constitute the contraactual agreement(S) between the parties..I want to send...Identify all documents that you assert constitute the contraactual agreement(S) between the parties
I will basically be asking them exactly what they asked me. will that be plagiarism or can i get in trouble for doing that?
Please help
Thanks in advance
3 Answers from Attorneys
You desperately need to get a lawyer.
Let me first of all stress that if you are in a lawsuit it is a very bad move to represent yourself and you should get counsel. There will be a myriad of decisions to make and the fact that you do not know how to draft optimal discovery proves you have to get counsel unless you want your case to go badly.
Having said that, to answer your question, there is no such thing as plagiarism in legal proceedings. Even good lawyers see good pleadings now and then and reuse them. So yes, you COULD do what you asked. But, it is better to use discovery to find out what would help YOUR side, and that means DIFFERENT questions. You don't just ask to file something. Every question should have a reason.
You can use their questions as a template but as Attorney Ashman said, you need to tailor this to meet your situation.
Before you go down this road, is this really your debt? Are you just trying to stall for time or do you really have some kind of bona fide defense? If you have a bona fide defense, then find a lawyer who specializes in credit card defense. They are out there.
If you are just stalling for time and this is your debt, it does not matter what you do. They are going to get a judgment against you at some point. In such case, you should stop wasting time. While lawyers who are litigators may be of a different view, if there are no defenses, there is no point in litigating. You need instead to think about how you are going to resolve the debt.
For some, it may make sense to file bankruptcy. You should get a consult with a bankruptcy attorney in such case. Many attorneys give free consults. If you are interested in resolving your debt, I give free consults via email and can more specifically review your situation. I also can resolve debts for a reasonable fee. Please contact me if you are interested at [email protected].