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Lady_Scarlet wrote:Don't take anything out of the DV - it IS a notice also.And since they are threatening legal action the Lonnster DV is the appropriate one (it's what they would be required to provide if they pursue legal action) - that in itself (that you know what to ask for) may stop them in their tracks.CA lawyers don't xcpect consumers to be smart, and they really don't expect a court battle when they are tryinng for a default judgment. BTW, they can't actually sue (this was not a court summons) until they validate.
NO. (Cause No.)
CA NAME
VS.
(Defendant's Name)
MOTION FOR DISCOVERY AND INSPECTION OF EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Defendant, (Defendant's Name), in the above styled and numbered cause and moves the Court to compel the Plaintiff to produce and submit to the Defendant or Defendant's counsel copies of the following:
Signed credit application between myself and the original creditor
Copies of all signed vouchers from the date account was opened until default
Copies of all statements from the date account opened until default
Proof of Date of Last Activity by the Defendant and First Deliquency on the account
Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or A copy of the contract wherein Debt Collection Company Name purchased the alleged debt.
If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
An Affadavit as to the authenticity of all documents and how the documents were procured.
A list of all witnesses that Plaintiff will call at trial
In support of this Motion the Defendant would show that the items and information requested are within the exclusive control and custody of the Plaintiff, the items are not privileged, and that, absent such discovery, the Defendant's rights under (your state code of discovery) are impinged.
The Defendant respectfully prays that this Honorable Court grant this the Defendant's Motion for Discovery and Inspection.
____________________________________
(Attorney's Name, Address, Bar Card No.)
ATTORNEY FOR DEFENDANT (Name)