Make them Produce!
Stopping claims with requests for production is easy.
Just do what Jurisdictionary teaches in our step-by-step self-help course.
We teach you how to force them to produce, even when they don't want to and, believe me, in most cases they won't want to. So we teach you how to request production and how to get court orders to make them produce!
Nearly all lawsuits depend in one way or another on documents. If the other side cannot produce documents in support of their position, you win!
Suppose you're the victim of a credit card company's attempt to collect a debt you do not owe. You could challenge the right of the plaintiff to bring the suit. You could challenge the court's jurisdiction. You could claim your civil rights are violated.
Or, you could simply serve them with a request to produce "every document bearing defendant's signature that in any way supports the plaintiff's claim".
They may have documents that bear your signature, such as an application for credit, but can they produce the documents they say are evidence that you purchased anything?
They will resist your request. They will object. They will try to get around the fact that you've pinned them.
Don't give up now. Press the issue to victory in your favor!
I had a client who was sued by Sears for a credit card debt he said was not his. He said he did not apply for the card and never used the card, yet Sears was suing him anyway.
So, I served them with a request for production demanding the production of "all documents signed by the defendant that in any way support the allegations of the complaint". Under the rules at the time, Sears had 30 days to produce.
On the 29th day I received a call from Sears' lawyer. "We haven't been able to find any documents signed by your client. May we have an extension of time?"
Having sworn to zealously advocate my clients' causes, I answered simply, "No."
"You're not a very nice person!" was the reply.
I responded, "Either dismiss the complaint or I'll file a motion for summary judgment and seek attorneys' fees and costs."
At that point I'd only spent 30 minutes consulting with the client and drafting the request for production ... but, of course, they had no way of knowing how much time I'd spent or how much it would cost their client if I prevailed with my summary judgment motion.
So, they dismissed the complaint.
One paper filed and served: a simple request for production!
Requests for production may be served on opposing parties at any time during discovery. If the other side does not produce within the time allowed by the rules, you will file a motion to compel production and set your motion for hearing ... demanding your right to an order compelling them to produce all documents that support their claim.
If they cannot produce documents that support their case (most cases depend entirely on documents, especially lawsuits brought by debt collectors) your motion for summary judgment should result in a prompt judgment favorable to you!
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