why would an attorney request credit card statements in discovery for bankruptcy

In a credit card case, the plaintiff may use this discovery device to attempt to prove the existence of the account or the charges incurred, which may be refuted. If there is no response to the Notice to Admit from the party served, then the allegations of fact contained in it are deemed true and irrefutable. 5. Subpoena

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What is the discovery process in a credit card lawsuit?

Jul 16, 2007 · Answer: We have two primary reasons for requesting this many credit card statements. Both have legal and practical implications. Both have legal and practical implications. First, your credit card statement is the best evidence of the proper address to notify creditors when you file bankruptcy.

What documents can the defendant request during the discovery phase?

For many people, unmanageable credit card debt is a big factor in their decision to file for Chapter 7 or Chapter 13 bankruptcy. Before you file, make sure you understand how Chapter 7 and Chapter 13 bankruptcy will treat your credit card debt. In most instances, it will be wiped out at the end of your bankruptcy -- but not always.

How will my credit card debt be treated in bankruptcy?

May 21, 2020 · What Your Bank Statements Tell the Bankruptcy Trustee. Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How do I obtain documents in a credit card lawsuit?

Sample Request for Documents Credit Card Discovery 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.

Can a creditor request bank statements?

Court Appearance In other states, the creditor serves you with a document ordering you to show up in court and bring certain financial documents, such as bank statements or pay stubs. You may be sent the questions and given a chance to answer them in writing first.

How do you answer interrogatories from a debt collector?

As the defendant you can respond to each interrogatory in one of three ways: provide a plain answer, object to the questions giving grounds as to why you object, or object to part of the question and respond to the other part.Apr 21, 2014

Can Discover card take you to court?

Discover Bank is one of the major credit card issuers in the United States. ... They are generally pretty easy to work with but they will file a lawsuit if you default on a credit account with them. This can occur at any point after you have been in default for 180 days.

How do I dispute credit card debt in court?

Don't admit liability for the debt; force the creditor to prove the debt and your responsibility for it. File the Answer with the Clerk of Court. Ask for a stamped copy of the Answer from the Clerk of Court. Send the stamped copy certified mail to the plaintiff.Jul 4, 2019

How do you respond to discovery?

Step 1: Carefully Review All the Requests. Review each request to ensure you fully understand the question, and can answer it completely. ... Step 2: Complete Your Responses to the Interrogatories. ... Step 3: Make Photocopies. ... Step 4: Have Your Responses Served. ... Step 5: Retain Your Documents.

What are the point of interrogatories?

Interrogatories do not take place in person. The purpose of interrogatories is to learn a great deal of general information about a party in a lawsuit. For example, the defendant in a personal injury lawsuit about a car accident might send you interrogatories asking you to disclose things like: Where you live.Nov 15, 2020

What happens when Discover Card sues you?

When your card issuer – or a collection agency that has purchased your debt from the issuer – can't get you to pay your bill, a lawsuit seeks to obtain a court judgment, which may give the company the right to garnish your wages and bank account until the debt is paid.Dec 7, 2018

What will discover card settle for?

Discover may settle debt for 30% to 60% of the original balance, according to our research. The percentage will vary based on whether the debt is still with Discover or in the hands of a debt collection company, as well as the financial situation of the person who owes the debt, and the age of the debt.Dec 17, 2020

What to do if Discover Card is suing me?

Here's how to respond when you are sued for credit card debt:Don't ignore the summons. When you get a court summons for credit card debt, pay attention to it—and make a plan of action. ... Verify the debt. ... Consider debt settlement. ... Contact an attorney. ... Look at your budget. ... Request a payment plan. ... Make a lump-sum payment.Sep 7, 2020

Will credit card companies sue you?

In short, yes they can technically sue you. After 180 days of missed credit card payments, your credit card company might do three things: They can charge off the debt without ever filing a lawsuit, most likely because the debt amount is under $8,000 and not worth incurring extra legal fees.Jan 14, 2022

Can you sue a credit card company for identity theft?

Banks and credit card issuers that process fraudulent transactions can be sued if it is shown they owe a duty of care to the victim. ... Several states have established their own identity theft laws making it easier for victims to sue.Sep 21, 2019

Can credit card Debt collectors sue you?

After the statute of limitations runs out, your unpaid debt is considered to be “time-barred.” If a debt is time-barred, a debt collector can no longer sue you to collect it. In fact, it's against the law for a debt collector to sue you for not paying a debt that's time-barred.

How do you prepare and defend yourself at a debt collection?

Takeaways on How to Effectively Defend Yourself in a Debt Collection LawsuitMake sure you respond to the Complaint and your response is timely filed.Review potential affirmative defenses that could apply to your case.Make the debt collector prove that they have the legal right to sue you.More items...•Sep 4, 2020

What happens when Discover Card sues you?

When your card issuer – or a collection agency that has purchased your debt from the issuer – can't get you to pay your bill, a lawsuit seeks to obtain a court judgment, which may give the company the right to garnish your wages and bank account until the debt is paid.Dec 7, 2018

What is a discovery request in a lawsuit?

If a lawsuit gets past its initial stages, the plaintiff and the defendant will go through a period of discovery. This involves asking the opposing party or other people to provide information that would not be publicly known or readily available to the party seeking it.Oct 18, 2021

How do I respond to a credit card lawsuit?

You should respond in one of three ways:Admit. Admit the paragraph if you agree with everything in the paragraph.Deny. Deny the paragraph if you want to make the debt collector prove that it is true.Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof.Sep 7, 2021

Can a collection agency take you to court?

Debt collection agencies may take you to court on behalf of a creditor if they have been unable to contact you in their attempts to recover a debt. Before being threatened by court action, the debt collection agency must have first sent you a warning letter.May 1, 2019

What court handles credit card debt?

If a debt goes unpaid and you've made no plans to repay it, your credit card company may sue you in civil court for the balance, hoping a judge will order you to pay.Nov 23, 2020

What percentage will credit card companies settle for?

Credit card companies may settle for a negotiated amount equal to roughly 40-60 percent of the balance owed, according to the BBB. Credit card companies tend not to publicize settlements, so there are no hard statistics on success rates or settlement amounts.Jul 9, 2019

Who does Discover use for collections?

EquifaxThe answer to “Which credit bureau does Discover use?” is Equifax. Discover uses Equifax for about half of the requests it gets for a hard inquiry, dividing the other half equally between the two other credit bureaus.Dec 19, 2019

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.Nov 29, 2018

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.

Why should the defendant serve discovery demands with the answer?

The defendant should serve discovery demands with the Answer so that the plaintiff is forced to comply with them; the demands not only lead to useful information and documents to defend the case but “slow down the plaintiff’s truck” a bit.

What is the discovery phase of a lawsuit?

Once both sides have served their pleadings (such as the Complaint; Answer; Reply to Counterclaims; etc.), the litigation enters into the “discovery” phase. All of the available discovery devices are available for use. The defendant should serve discovery demands with the Answer so that the plaintiff is forced to comply with them; the demands not only lead to useful information and documents to defend the case but “slow down the plaintiff’s truck” a bit.

What is the service of interrogatories?

1. Interrogatories. The term “Interrogatory” is another word for “question.”. The service of interrogatories allows the defendant to ask questions ...

Why are there no depositions in court?

In most collection cases, there are no depositions conducted because there is the associated cost of the court reporter’s bill for the deposition transcript.

What is a subpoena in a lawsuit?

Subpoena. Sometimes, the information or document needed to disprove the plaintiff’s case or prove a defense may be in the possession of a third party , such as the original credit grantor. In this case, a Subpoena may be served requiring the testimony and/or production of documents by that third party.

What happens if a party does not respond to discovery?

If a party does not respond in a timely fashion to discovery demands, then the requesting party can request that the court take certain actions, including: 1. Compelling responses. Having the judge order the plaintiff to produce the requested information or documents by a certain date. 2.

What is Article 31 of the CPLR?

Article 31 of the CPLR governs disclosure, including (a) the nature and scope of discovery; (b) timing of discovery requests, objections and responses; and (c) remedies for non-compliance.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Can I keep my credit card in Chapter 7?

Can I Keep a Credit Card In My Chapter 7 Bankruptcy? You'll likely have to give up all of your credit cards if you file for Chapter 7 bankruptcy, but you can start rebuilding your credit once your case is closed.

Can you file for bankruptcy if you have unmanageable credit card debt?

For many people, unmanageable credit card debt is a big factor in their decision to file for Chapter 7 or Chapter 13 bankruptcy. Before you file, make sure you understand how Chapter 7 and Chapter 13 bankruptcy will treat your credit card debt. In most instances, it will be wiped out at the end of your bankruptcy -- but not always.

How long can a bankruptcy trustee ask for bank statements?

Your bankruptcy trustee can ask for up to two years of bank statements. The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms. For example, if you listed your car loan as $500 a month, the trustee will use your bank statements to ensure ...

What can a bank statement reveal?

Another thing that your bank statement can reveal is the existence of other accounts. Whether that’s a bank account at the same (or a different) bank, a Venmo account or something like PayPal. If the accounts are yours and were not listed on your schedules, the trustee is going to wonder what you’re hiding.

What is the process of filing a Chapter 7 bankruptcy?

As you complete your bankruptcy forms, you will want to ensure that you are transparent about your financial situation. The bankruptcy trustee assigned to your case will want to review your bank account statements before your 341 meeting to verify the information you put on your bankruptcy forms matches your bank statements. The trustee will use these statements to get a glimpse into your financial history.

How long does it take for a bankruptcy trustee to get your pay stubs?

Aside from your bank statements, the trustee will request 60 days of pay stubs and two years of tax returns. The trustee will match the requested information to your bank statements to ensure they match with your forms. On your bankruptcy forms, you will be asked to include your income for the previous six months.

How to ensure bankruptcy goes smoothly?

To ensure that your bankruptcy case goes smoothly, always comply with reasonable requests from the trustee. If the trustee asks you to provide more information about your bank statements and accounts at your meeting of creditors you will need to be able to explain what purchases you made, what deposits were made and what withdrawals were made. If the trustee requests more bank statements or proof of where money was spent, make sure to provide the requested information. Not submitting this information can be a red flag to the trustee that you did something you weren’t supposed to.

What will the trustee use to compare your tax returns to your deposits?

The trustee will use your tax returns and pay stubs to compare them to your deposits. If there is a big disparity between both, you will be required to explain why. Don’t forget to include any bonuses or any other income you received in your bankruptcy forms.

How much money can you get back from bankruptcy if you don't pay?

The court will also look to make sure you didn’t pay anyone creditor more than $600 in the 90 days leading up to filing your bankruptcy case. All of your creditors must be treated equally otherwise the court will look at this as a preference and can sue your friend/family member or creditor to get the money back.

What is the most common way to obtain documents 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.

How to file a credit card complaint?

1. Please provide the actual credit card contract upon which your complaint is based on. 2. Please provide a contract, agreement, assignment, or other means of demonstrating that the plaintiff has the authority and was legally entitled to collect on the alleged debt. 3.

What happens if you don't respond to discovery?

If you just don't respond to discovery in a timely manner, then the creditor can file a motion to compel you to respond, seek sanctions against you, and also argue that you have waived your objections. So you need to consult with an attorney instead of trying to handle this case yourself. More.

Can a creditor ask for information?

Yes they can ask. That's how discovery works, and it works both ways. You can also ask for information from the creditor. If you think there's something wrong with the creditor's discovery, then you have to state your objections in a timely manner. If you just don't respond to discovery in a timely manner, then the creditor can file a motion to compel you to respond, seek sanctions against you, and also argue that you have waived your objections. So you need to consult with an attorney instead of trying to handle this case yourself.

What is the term for 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.

What is an attorney's fee award?

an attorney's fee award— where your spouse pays for the attorney’s fees you incurred in bringing the motion. evidentiary sanctions—where the court prevents your spouse from introducing certain evidence at trial, and. jail time—ordering that your spouse spend a certain amount of time in jail.

How to force spouse to turn over financial information?

Family law courts have multiple tools they can use to force spouses to turn over financial information. First, you can file a “Motion to Compel,” which is a request to have the court order your spouse to turn over documents.

What is a request for production of documents?

Whether you live in a mandatory disclosure state or not, you can send your spouse a formal request for information, typically called a “Request for Production of Documents.”. You can also send questions for your spouse to answer under oath, called “Interrogatories.”.

What to do if 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.

What is a financial affidavit for spouse in Georgia?

For example, in Georgia, spouses must provide each other a "Domestic Relations Financial Affidavit" that includes each spouse’s assets and debts, income information, and a detailed monthly budget, which identifies all normal expenses for both parents and children.

Do you have to give your spouse a W-2?

In some jurisdictions, spouses must also provide each other with certain documents at the beginning of the divorce. Typically, spouses give each other the last few years of tax returns and bank statements , W-2’s, and recent financial account statements, such as brokerage and retirement account statements.

Why do lenders stop sending statements after bankruptcy?

THE REASON LENDERS STOP SENDING THE STATEMENTS AFTER BANKRUPTCY. When someone files for Chapter 7 bankruptcy or Chapter 13 bankruptcy, there is an injunction called the automatic stay which goes into place immediately. The automatic stay is an injunction which says that no one can take any sort of action to collect a debt from the debtor.

What does automatic stay mean?

Remember, the automatic stay says that they cannot take “any act” to collect a debt. Sending the normal billing statement counts as an act, so they are very careful about sending them.

Can creditors send statements again?

Yes. Most creditors will start sending the statements again if your attorney sends a letter promising not to count the statements as a violation of the automatic stay. I send these letters out for my Minnesota bankruptcy clients on a daily basis.

Can I pay a loan without a coupon?

You can pay loans even without the coupon that comes in the monthly statement. You should write the loan number in the memo field of your check, and mail it to the payment address for the lender.

Should I pay my bills after filing bankruptcy?

Sometimes things like utility and insurance payments will be stopped by your bank. For reasons like this, I do not recommend having any bills on automatic payment.

Can you keep your mortgage after filing bankruptcy?

Most people who file for bankruptcy choose to keep their mortgages and car loans outside of the bankruptcy, but these lenders stop sending the normal monthly billing statements when the bankruptcy is filed.

How long does it take to get a financial affidavit?

Not only can they request this information, you are required by law to provide all of the following documentation within 45 days of service of the petition, even without a request:#N#(1) A financial affidavit.

Can an opposing counsel propound a request for production?

Opposing counsel can propound a Request for Production that would require your compliance absent a valid and timely objection. Unless you signed a waiver of Mandatory Disclosure, much of these documents were supposed to be exchanged during the divorce. Unless you committed fraud, this Motion should be denied.

A. Methods of Obtaining Disclosure

• There are various methods used to obtain disclosure from the plaintiff. Some of these methods are used to obtain information and testimony and others are used to obtain records and other items.

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B. Timing of Discovery requests, Objections and Responses

C. Remedies For Non-Compliance

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. This article will exp…

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An Overview of Requesting Financial Information During A Divorce

Using The Court to Force Your Spouse to Provide Financial Information

Subpoenas and Depositions