why would an attorney request credit card statements in discovery

by Suzanne Barrows III 5 min read

What is the discovery process in a credit card lawsuit?

During the discovery process both the defendant and the plaintiff (creditor) will need to request documents from the opposing party for the case. The request for production of documents is the most common way of obtaining documents when dealing with a credit card lawsuit. With the advances made in technology the documents usually encompass electronic files as opposed …

What documents can the defendant request during the discovery phase?

Feb 03, 2022 · Financial Discovery Checklist (Family Law) Below is a lengthy list of items that a divorce attorney should consider requesting in discovery in family law cases. In an ordinary divorce or child support matter, many of these items will be irrelevant or non-existent. This list is provided to give you a comprehensive list of items you should consider.

How do I obtain documents in a credit card lawsuit?

Aug 10, 2018 · Discovery is the pre-trial phase in a lawsuit during which each party can obtain evidence from the opposing party. ... copies of credit card statements) ...

What is a request for documents used in winning a lawsuit?

Minimum interest charge: If you are charged interest, the charge will be no less than $.50. Cash advance fee: Either $10 or 5% of the amount of each cash advance, whichever is greater. Balance transfer fee: 3 % Intro fee on balances transferred by June 10, 2022 and up to 5 % fee for future balance transfers will apply. Annual Fee: None.

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What is financial discovery?

Financial discovery is the fact finding/document gathering part of the divorce process. Financial discovery can be time consuming and may be the most expensive part of a divorce process for a wealthy family. Financial discovery will most likely happen over time.Oct 29, 2015

What does discovery of documents mean?

In ACT and NSW civil litigation, discovery is the legal procedural process of making the parties to the case aware of the documents relevant to the proceedings, both currently or formerly in possession of the parties. It also involves making these documents available for inspection where appropriate.Aug 3, 2020

What does discovery of evidence mean?

This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.Nov 28, 2021

What is a legitimate purpose of discovery?

The purpose of discovery is to allow the parties to obtain full knowledge of the issues and facts of the lawsuit before going to trial. An experienced family law attorney will use discovery to help you identify the various strengths and weaknesses of each side of the case.

What must accompany a list of discovered documents?

The list must include a brief description of each document or group of documents (by reference to nature and date or period); must specify against the description of each document or group in Part 2 of the list of documents, the person (if any) who party B believes to be in possession of the document or group of ...

What is the purpose of discovery and associated legal obligations?

The purpose of discovery is to ensure that all documents that are relevant to the matters in issue in the legal proceeding are available as evidence to the parties and the Court. In other words, civil litigation is conducted with each party's cards facing 'up' on the table.

What is the first step in the discovery process?

The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.Oct 27, 2020

What are the five major methods of discovery?

There are basically six types of discovery in family court: 1) interrogatories; 2) requests for production of documents and inspection 3) requests for admissions; 4) depositions; 5) subpoenas duces tecum; 6) physical and mental examinations.

What are the elements of discovery of a lawsuit?

Discovery is the pre-trial phase in a lawsuit in which each party investigates the facts of a case, through the rules of civil procedure, by obtaining evidence from the opposing party and others by means of discovery devices including requests for answers to interrogatories, requests for production of documents and ...

What is involved in the discovery process?

Discovery consists of four key actions: interrogatories, requests for production, requests for admission and depositions.Nov 27, 2019

What is a discovery affidavit?

Discovery is made on oath by way of an affidavit to which is attached a schedule of the documents and/or tape recordings; Within 20 days of receiving such notice, the party called upon to make discovery ("the discoveror"), shall deliver an affidavit specifying any documents or tape recordings in his possession.Oct 30, 2019

What is the purpose of request for production of documents?

A request for production is a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter. The aim is to gain insight into any relevant evidence that the opposing party holds.

When Your Spouse Won’T Provide Financial Information

  • If you're going through a divorce, one of the first things an attorney will tell you is to gather your financial information, including bank account statements, credit card statements, title documents, and mortgage documents. Some couples have shared records throughout the marriage, but most divorcing spouses will need to exchange at least some financial documents…
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An Overview of Requesting Financial Information During A Divorce

  • In some states, divorcing spouses must provide each other certain financial information at the beginning of the case, sometimes termed “mandatory discovery" or "preliminary financial disclosures." If you live in one of these jurisdictions, you and your spouse will have to provide each other with a list of assets and debts, financial account information, credit card balances, and si…
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Using The Court to Force Your Spouse to Provide Financial Information

  • If your spouse refuses to produce financial information, whether it’s under mandatory discovery or a specific request for documents or information, you can take the issue up with the court. Judges who preside over divorce cases know that spouses can’t reach fair and informed divorce settlement agreements unless they have all the facts about their marital estates. Family law cou…
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Subpoenas and Depositions

  • You have other options to obtain financial information besides waiting on your spouse to turn it over. In a divorce, either spouse can directly send a subpoena to third parties with financial information relevant to the case. A “subpoena duces tecum” requires the third-party recipient to turn over documents. Attorneys routinely send these subpoenas to banks, credit card companie…
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