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Motion for discovery denied?

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izkopaemoto

Junior Member
I live in Iowa and I have a small claim cc debt collection case filed against me. I was very surprised since I believe this is a case of stolen identity. I contacted the police, filed a report and then I filed a motion for discovery. i would like to see the evidence that these people have against me...for my surprise my motion for discovery was denied by the court "based on the Iowa Small Claim Court rules". What does this mean....I can even see what my accuser has on hand? Or the judge does not want me to prepare in advance?What is the name of your state (only U.S. law)?
 


Some Random Guy

Senior Member
If you want to litigate your case without a lawyer, that's fine, but you need to know the rules and follow them as if you were a lawyer. The court has told you that your request for discovery did not follow the rules. However, they are prohibited from giving you legal advice, such as telling you how to file the documents properly.

Iowa Small Claim Court rules - Google Search
 

izkopaemoto

Junior Member
Rules?

The Small Claims court had a general motion form - so I filled it and asked for the court to order the plaintiff to show their evidence. There is no specific motion for discovery form....what did I do wrong? I also googled "Iowa Small Claims Court rules" and nothing specific came related to my situation...there is no handbook of rules apparently...
 

KIOWAMASTER

Junior Member
The Small Claims court had a general motion form - so I filled it and asked for the court to order the plaintiff to show their evidence. There is no specific motion for discovery form....what did I do wrong? I also googled "Iowa Small Claims Court rules" and nothing specific came related to my situation...there is no handbook of rules apparently...
It has been my experience that in small claims court the reason your motion was denied is because small claims court does not work like that. You need to if you have not already done so, go to this court and no matter how it ends file an appeal and take it to a higher court then you file a motion for discovery. A small claims court does not have this process but the higher court does.

Also, if you have filed a police report you need to send a copy of the report to the company that filed against you and they are supposed to remove it due to the identity theft if that is for sure your case.
Good luck...
 

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