letter from chase's attorney regarding request for production of documents

[astwnh]

Thanks for all your help and info, it's interesting that they sent it to me via regular US mail, no delivery confirmation, no return receipt, just good ole first class mail. I could have not even received it (makes me wonder what else they've sent) and they wouldn't have known.

The form does have the court's name but that's it, but it sounds like it doesn't matter anyways.....

I have mailed a copy to my attorney.

My BK filing, should be done Monday AM latest, so I should be safe, I have been checking PACER, anyone know how long it takes to show up on there?

Thanks again for all the good info!

[HHM]

If you are filing with an attorney, the case will show up on PACER practically instantaneously when your attorney actually files the case.

As for the letter...that is par for the course. For most legal things that can be sent by mail, it only matters that the items was SENT, not that it was received.

[Flamingo]

You probably should have read the other posts. In one sense, they are not randomn letters, but in most courts, discovery requests ARE NOT filed with the court.

Do you mean "most" courts in your state or "most" courts in the U.S.? I am not talking on a small claims court level but discovery on matters in which plaintiff and defendant both have counsel and courts in our area require copies of all proceedings related to the case to be filed, Interrogatories, Requests for Production, Motions, Subpoenas, etc. There are time lines for answering and/or providing certain documentation and sanctions could be involved. Rules of Civil Procedure can vary as to each state. Do you work in a law firm? In my preceding posting I should have been more clear; when one receives a letter/questionnaire as indicated with no case or filing number or any indication as to what is going on, one should not respond with anything and take it to their attorney. Any initial correspondence from what appears to be a law firm as to anything requiring a response should be shown to one's attorney. They are working on one's lack of knowledge about what can happen if they respond to those "questionairres" and are hoping one will get scared and respond without investigating. If one is "served" with something (however it appears at their doorstep or in their mailbox), investigate it and show it to one's attorney.

[treehugger1]

WhatMoney, Yes, I've heard that there are a couple of attorneys in the state who will send out such interrogatories prior to ever filing a suit. To the unsophisticated debor, these probably seem pretty frightening. I know longer have any use for bank accounts. I pretty much use cash, MO's, and prepaid debit-cards. Eventually, I'll get my finances under control and go back to "mainstream" banking, but for now the non-bank account method and checkless finances work very well.

While this is off-topic, I've heard that most circuit/district courts in Oregon have moved toward mediation in almost all civil money matters. I just found out online that even my quite rural courts have adopted this under the local procedural rules. What's you take on this? I'll send you PM.

[treehugger1]

[HHM]

Keep in mind, Discovery and Judgment Creditor's exam are different things.

There are basically three methods of discovery
1. Written Interrogatories (basically written question). A sub category is Request for Admissions.
2. Request for Production (this is used to request documents and other tangible items)
3. Deposition (basically when you interview the witness).

Discovery happens DURING lawsuit.

A judgment debtor's exam is a type of POST judgment discovery. The law allows the plaintiff to take discovery on the limited issue of identifying executable assets.

I think this thread may be co-mingling the rules for regular litigation discovery and judgment creditors exam.

Strictly speaking, most states (above the small claims system) and the federal courts have certain mandatory discovery requirements, and discovery conference requirements i.e. the two sides are supposed to meet and confer and come up with a discovery order, also sometimes called a case conference report. In that order, the two sides basically lay out a time line for discovery and at least preview the known witnesses and documents that are to be requested. That report is what gets filed with court, but typically, the discovery request, themselves, need not be filed with the court (until they are actually going to be used for something substantive, i.e. as part of a Motion or a Pre Trial). After that report is filed, Discovery is allowed to commence. It is also true that, in many jurisdictions, the rules allow for "initial" discovery that is often times served along with or soon after the complaint and summons.

When you receive a discovery request you have 2 options.
1. Answer the interrogatory or provide the requested documents. (basically, comply with the request).
2. Object to the question or request. Note, you cannot issue a blanket objection to a discovery request, you need to state specific grounds for your objection and you need to go line by line. If you have no objection to the specific question or request, then you must answer.
If you object to a question, then the burden falls on the requesting party to file for a hearing to resolve the dispute.
If you fail to respond at all, the requesting party can file an Motion to have the court compel you to respond. If you do not respond to the court order, THEN you can be held in contempt of court.

It is unclear, exactly, what the OP received so there has been much speculation...but it does seem clear that the OP was sued and the OP did answer. So, whatever they received, was probably some sort of discovery request. I stand by what I said before that generally speaking, in many courts, discovery requests need not be filed with the court (attorney's still sometimes file them, but it is no longer the common practice) (and I concede, the rules on this issue "possibly" vary from state to state).

In any event, if this person is going to file BK soon, this whole issue is moot.

As for Service:
Once the defendant becomes an active litigant (i.e. Answers the complaint or otherwise makes an appearance), service of any subsequent document (this usually includes the judgment debtor exam stuff as well) can be made by regular mail.
However, if the defendant does not make an appearance and judgment is entered by default, the plaintiff probably needs to follow the regular service of process rules for doing a Judgment debtor exam.

As for filing Discovery requests with the court...

Regarding the filing of Discovery Requests with the court.

(d) Filing. All papers after the complaint required to be served upon a party shall be filed with the court either before service or within a reasonable time thereafter, as otherwise provided in Rule 5(b), but, unless filing is ordered by the court on motion of a party or upon its own motion, depositions upon oral examination and interrogatories, requests for production, requests for admission, and the answers and responses thereto, shall not be filed unless and until they are used in the proceedings. Originals of responses to requests for admissions or production and answers to interrogatories shall be served upon the party who made the request or propounded the interrogatories and that party shall make such originals available at the time of any pretrial hearing or at trial for use by any party., NRCP 5(d)

Rules of Procedure are fairly uniform across the country. NRCP (Nevada) 5(d) is Modeled off the Federal Rules

(d) Filing

(1) Required Filings; Certificate of Service.

Any paper after the complaint that is required to be served — together with a certificate of service — must be filed within a reasonable time after service. But disclosures under Rule 26(a)(1) or (2) and the following discovery requests and responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission.FRCP 5(d)

[HHM]

I had no idea you could be served with a summons and complaint without it being filed

Where did that come from?

I would disagree with that point. A plaintiff MUST file the complaint with the court...the court then "issues" the summons to the plaintiff, and THEN the plaintiff must serve the Complaint and Summons on the Defendant.

[HHM]

I will defer to the CRP in your area, but that is an odd way of doing it. In most areas I am familiar with, the plaintiff will File a complaint with the court and pay the filing fee, the court clerk will issue the summons (i.e. sign it) and THEN the plaintiff has a certain amount of time to serve that complaint and summons (usually 120 days).

Next time (or perhaps you can edit your post), just post the LINK to your source instead of cutting and pasting the ENTIRE text

[WhatMoney]

BigBoy2U,

Below is the entire Oregon RCP regarding COMMENCEMENT. That's right, one sentence. Maybe you should consider moving down here; we also have no sales tax.

COMMENCEMENT
RULE 3

Commencement of action. Other than for purposes of statutes of limitations, an action shall be commenced by filing a complaint with the clerk of the court. [CCP 12/2/78]


JURISDICTION
(Personal)
RULE 4

Personal jurisdiction. A court of this state having jurisdiction of the subject matter has jurisdiction over a party served in an action pursuant to Rule 7 under any of the following circumstances.
...

PROCESS
RULE 8

A Process. All process authorized to be issued by any court or officer thereof shall run in the name of the State of Oregon and be signed by the officer issuing the same, and if such process is issued by a clerk of court, the seal of office of such clerk shall be affixed to such process. Summonses and subpoenas are not process and are covered by Rule 7 and Rule 55, respectively.

...

What I'm finding about a certain judgement mill local law firm is they files hundreds of lawsuits each month in this state, all for the same collection agency they work for. And then nothing further happens - no summons, nothing, at least in the court record, for each case. All these cases are listed as eligible for arbitration, btw, treehugger. But still no action. Maybe they are just 3 months behind - I'm still trying to figure them out. The county law clerk only said if they file and do nothing, the case will eventually get dismissed.

[treehugger1]

WM, Wow, I checked into the lane County Court site and pulled up the following:

http://www.ojd.state.or.us/lan/civillandord/Civil_Cases/civil.htm#Post-judgement

Go to the arbitration part and you will find that arbitration now appears to be mandatory for all civil cases under $50k. I don't know what the amount is in my county, but I'd think it is also $40 - $50 K.

The process appears to first require the suit to be filed, and then wait for arbitration. I'm guessing that the cases are piling up faster than there are arbitrators to hear them, LOL. So, I'm now wondering how arbitration is kicked in. I assume either party can ask for the arbitration and eventually an arbitration time is set up.

If one wants to fend off a judgment, there appears to be much time one can buy considering arbitration, followed by potential trial, etc. I get the impression that the overall workload of the courts might be reduced, but the overall workload for plaintiff attorneys increases.

[HHM]

Mandatory "court" arbitration is common in many jurisdictions. Usually it is reserved for the highest Civil Court (e.g. District court)...the more limited courts tend to not have that program. In the large jurisdictions in Nevada, there is Small Claims (up to $5k), Justice (up to $10K), and District Courts ($10K+). Mandatory Arbitration is only attached to the District Court.