QUESTION
How can I get my creditor to produce documents of my alleged debts?
Asked on May 31st, 2019 on Civil Litigation - Illinois
More details to this question:
A reputable bank claimed that I owed over $35,000 in credit card debt. I missed a court date and tried to have my case heard. At the hearing, the judge said he could not grant my request for this company to produce itemized and signed document to support the claim that I owed the amount because he was not the judge that heard the case at first. If I spent $35,000 I definite must have something to show for it, but I can't remember spending such money and have absolutely nothing to show for it. I strongly belief that I am a victim of either identity theft or predatory lending. Can I file at a higher court for this company to produce document to support their claim and what are my chances of getting to the bottom of this saga. Please, HELP!!!
1 ANSWER
When a lawsuit starts, after he pleadings (complaint and answer), you obtain information relevant to the case from the other side (documents, depositions, etc.) by serving written discoverey requests. There is no need for a court order to get relevant information from a party to the lawsuit. Reading between the lines here, however, you "missed a court date" and I suspect that a default judgment has been entered against you (in which case you have already lost on the merits and the only thing remaining is the creditor's efforts to collect on its judgment), or the process has otherwise moved forward so that discovery is now over. In order to get the discovery you want, you have to make a motion to vacate your default and reopen discovery, and in order to prevail you're probably going to have to demonstrate a good excuse for missing the court date and a meritorious defense to the creditor's claims.
Answered on May 31st, 2019 at 7:42 AM