Response to request for production

[Sdorsey]

INDIANA:
My daughter was served court papers from a collection for some type of credit card they says she owed. She doesn't remember ever having such a card so she responded with a request showing a copy of the credit application, the contract with the creditor with her signature, details of the alleged charges, a copy of all statements from the beginning and copy of all payments made.
The response she received is she should have all of the credit application contact in her possession and that the billing statements, transaction details, and payment record is unduly bothersome. What should she do now? Can she request a dismissal since without the requested documents she is without sufficient knowledge to form an opinion of the truth on the plaintiffs claim?

 

[OHRoadwarrior]

Not if her request was not made in the form of a proper motion for discovery.

 

[single317dad]

INDIANA:
My daughter was served court papers from a collection for some type of credit card they says she owed. She doesn't remember ever having such a card so she responded with a request showing a copy of the credit application, the contract with the creditor with her signature, details of the alleged charges, a copy of all statements from the beginning and copy of all payments made.
The response she received is she should have all of the credit application contact in her possession and that the billing statements, transaction details, and payment record is unduly bothersome. What should she do now? Can she request a dismissal since without the requested documents she is without sufficient knowledge to form an opinion of the truth on the plaintiffs claim?

What evidence has been presented by the plaintiff? In Indiana, they're supposed to submit, at minimum, an Affidavit of Debt, and evidence of ownership of the account. This evidence can be pretty weak, as little as a single statement "#X accounts purchased from Y for $zzz". Typically they do not end up having to produce a contract or application. At any rate, a JDB wouldn't have those. Without any statements, they really don't have a case, so I'm back to the question: what have they produced?

 

[TigerD]

At any rate, a JDB wouldn't have those.

That isn't necessarily the case anymore. Many portfolios are provided with documents now. The secondary debt market largely requires the docs to get a premium on the sale. Also, most docs can be stored and transmitted electronically.

TD

 

[single317dad]

That isn't necessarily the case anymore. Many portfolios are provided with documents now. The secondary debt market largely requires the docs to get a premium on the sale. Also, most docs can be stored and transmitted electronically.

TD

I'm not doubting you, but it seems superfluous; the long-standing argument in court (a largely successful one) is that the debtor reaffirms the terms of the contract with each use of the card, so no initial signed contract is needed, and indeed rarely provided. With online applications and such, there might not even be a signed paper (in fact, I have two cards in my wallet for which I have never signed a paper application). I understand that each time I swipe the card I am renewing my contract to repay the lender, even though signed, printed receipts are no longer provided a majority of the time.

Regardless, in the OP's case, the creditor should have to prove two things: that the debtor was responsible for the repayment of the debt, and that the debt was incurred. More simply, "this is your card, and you used it". Indiana courts have implemented rules to require the plaintiff to prove those elements even if the pro se defendant appears but does not raise a proper defense, usually fulfilled by providing account statements and an affidavit, so I'm not sure why the plaintiff would object in this case. Perhaps the OP can enlighten us.