Tips to Write a Letter of Discovery to Debt Collectors

Are you planning to file a motion for discovery that asks the court to force the receiver to provide documents previously requested by the plaintiff? If yes, then you need to write a discovery request letter before you file a motion for discovery. The documents that are important for the lawsuit are presented before the court with the help of a discovery request. It is a formal written request to check and copy certain documents that the third party has in its possession. However, if you want to avoid such legal hazards, then you can enroll in a credit card consolidation program.


Here are a few essential tips to write a letter a discovery request letter:


  • You are required to submit interrogatories to the credit card company before you write a letter of discovery. The written questions that the credit card companies are required to answer are formally known as “Interrogatories”. These interrogatories include the name of the person representing the credit card company, surname of the individual, and verification of the owed amount that is alleged.

  • You need to request for production of documents, especially the documents you consider important that the opposing party holds. You can request for discovery only if you think the documents are relevant to the lawsuit. When you write a letter of discovery you can request that they produce items like call logs, notes made on your account by the accountants, a cashed check etc. You can allot a time frame like 20-30 days as a response to your letter along with the necessary documents.

  • You can send a certified request letter to the debt collector. If you have filed a lawsuit, then provide a copy of the letter with the clerk of the court.

  • If the credit card company hasn’t replied by the set time frame you allotted, then approach the clerk of the court’s office to deal with the matter. You can ask the clerk for a motion to compel discovery form. You’re required to fill in the form and mail a copy to the credit card company. The other copy of the file needs to be filed with the court. Request the clerk to set a trial date on your motion to compel and send a note to the credit card company to correspond within the allotted date.

  • In case the creditors don’t counter your motion to compel, you still need to be present on the trial date along with your interrogatories and request for production of documents. The court may decide whether the documents are relevant, and if they are, they may be provided to you.

Therefore, you need to keep the above mentioned procedure in mind while writing a letter of discovery to the debt collectors.

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Marie Nelson is a senior financial writer associated with the OVLG community. She writes articles on various financial topics. For instance, her articles on debt, taxes, stocks, global economy,etc. have received rave reviews.


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