How to Write a Discovery Request for Credit Card Debt

A discovery request, more often referred to as a request for production of documents, is a precursor to filing a motion for discovery or discovery motion which asks the court to compel the recipient to produce documents previously requested by the complainant. A discovery request is a formal, non-binding request to produce documents that may be relevant to a lawsuit. Intro Law describes a discovery request as, "[W]ritten requests for an opportunity to view and copy certain documents that the other side has in its possession or control."

Instructions

1

Prepare a set of interrogatories. Interrogatories must be submitted to your credit card company prior to pursing any other discovery. Interrogatories are "written questions which must be responded to under oath," according to Intro Law. These interrogatories simply ask the name of the person representing the credit card company, her title, and verification of the amount of debt the credit card company claims you owe.

2

Write your discovery request. A discovery request is known as a request for production of documents. In this request, list the documents you believe the credit card company has in its possession that are relevant to the lawsuit. These items can include such things as call logs, notes made on your account by account representatives, a cashed check or any other item. Include a time frame for response such as 20-30 days to produce said documents.

3

Mail or deliver your request to the credit card company. If you are already involved in a lawsuit, file a copy with the clerk of the court as well.

4

Wait for a response. If by the end of the response time frame the credit card company does not produce the documents you requested, go to the clerk of the court's office and ask for a motion to compel discovery form. Complete it, file a copy with the court and mail a copy to the credit card company. In addition, ask the clerk to set a hearing date on your motion to compel and send notification of said date to the credit card company.

5

Attend the hearing. If the credit card company does not respond to the motion to compel, attend the hearing and bring your interrogatories and request for production of documents. The court will determine if the documents are relevant and should be provided to you.