If you bothered to file a written response to a lawsuit with the Clerk of the Court, what is the next step?
What happens after you respond to a lawsuit?
Discovery:
The next step in litigation is called “discovery.” It is your opportunity (and the creditor’s opportunity) to get answers to questions. Unfortunately, this tends to be the most powerful tool in the debt defense arsenal that most people are clueless about using.
Discovery is powerful. It includes these legal tools:
- Interrogatories. These are written questions you can make the creditor answer.
- Motion to Produce Documents. You can demand a creditor provide all documents relevant to your case.
- Requests for Admission. You can demand a creditor admit or deny specific facts. (Example, please admit or deny you received check #313 in the amount of $414 on or about April 1, 2018).
- Depositions. A deposition is testimony you can obtain from anyone with knowledge of the case that is usually recorded on video or written down by a court reporter.
All of the court rules available to someone sued on debt can be found in Article 3 of our Nebraska court rules.
In the next blog posts we will explore each of these powerful tools you have at your disposal to get the facts straight.
High volume collection attorneys base their entire practice on the fact that few defendants fight back. If defendants fought back and demanded proof of their debt, the entire collection field would collapse.
Over 95% of judgments are obtained by default when defendants fail to respond to the lawsuit. Of those that do bother to file a response, few are equipped to take the next step.
It’s time to take the next step. Demand answers. Demand documents. Ask questions. Interview the other side.
When you make the other side work, that’s when cases get dismissed or settled. Roll up your sleeves and get to work.