Legal Question in Civil Litigation in Texas

Small Claims - Discovery

I'm going to try to make this as concise as possible...

When you purchase a gun from an out of state dealer, you must have it transferred through a licensed dealer in your state.

A few years ago, I purchased a $350 receiver (part of a gun) from an out of state dealer and had it shipped to a local dealer. I never picked it up but was in email contact w/ this dealer and they always assured me it was fine (it was paid for).

Recently I called the dealer to arrange to pick it up and they said they've sold it because they considered it abandoned.

I am going to sue them in Justice Court for conversion and violating the Property Code.

I think I've got a reasonable shot at winning but I have a huge problem... I don't have a receipt for the receiver and don't even remember what online dealer I bought it from!

My question is this: The dealer I had it shipped to knows exactly who shipped it to him and the serial number, but isn't going to tell me (to prevent me from being able to prove my case). Can I force him to reveal the serial number with an interrogatory? With the serial number, I can trace from the manufacturer and get a duplicate receipt from the dealer I bought it from.

Thanks!


Asked on 11/19/08, 2:39 pm

1 Answer from Attorneys
Jason Gallini Crew & Gallini, PLLC

Re: Small Claims - Discovery

Pertaining only to your question concerning discovery, an interrogatory should do the trick but you will also want to ask for production of documents related to the serial number and vendor. It is also advisable to have the discovery requests reviewed by an attorney so that you can be sure that the language is unambiguous so as to avoid any possible objections that can be made. Further, you will want to review the sections pertaining to discovery in the Texas Rules of Civil Procedure (TRCP) to ensure compliance.

Since it seems (as you have described) that the information on the serial number and vendor are fundamental to your case, you may want to consider serving the discovery requests with the Original Petition or as soon as possible after the defendant files an answer, if any.

Lastly, another request that you should consider is listed in TRCP 194, Requests for Disclosure. As part of the standard requests listed in 194, a party may ask and obtain the name and contact information for any potential parties. Just another item that you should review and consider.

Just like with everything else in the law, it is advisable to seek actual assistance from an attorney who can adequately review your material since there are many nuances.

Good luck.

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Answered on 11/19/08, 3:10 pm


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