These 30 questions target the four common debt-buyer weaknesses: (1) chain of title — debt buyers rarely have account-level bills of sale that specifically identify your account; (2) original signed contract — original creditors almost never produce the original signed credit agreement after charge-off; (3) FDCPA validation history — many debt collectors did not properly validate when first asked; (4) statute of limitations — courts can be surprised at how often "unsuspended" SOLs apply on the face of records. If plaintiff cannot answer these honestly, plaintiff cannot win at trial.

When do I serve discovery?

After you Answer the complaint — typically the 30-day window after the answer is filed. In federal court, FRCP 26(d) bars discovery before the Rule 26(f) conference (with limited exceptions) — meet and confer first, then serve. Most state courts allow discovery any time after the case is filed.

What's the deal with RFAs?

FRCP 36(a)(3) and most state equivalents say RFAs are AUTOMATICALLY ADMITTED if the responding party fails to answer within 30 days. The admissions are conclusive at trial under Rule 36(b). For pro-se litigants this is the single most powerful discovery tool — debt collectors who blow the 30-day RFA clock have effectively conceded standing, chain of title, and SOL all in one shot. Calendar the deadline obsessively.

What if plaintiff objects to everything?

Common but rarely effective. Most discovery objections (overbroad, vague, undue burden) require plaintiff to ALSO answer the unobjectionable portion (FRCP 33(b)(3)). Pure boilerplate objections are improper under In re Convergent Telephone Consumer Protection Act Litigation (2014) and similar cases. Meet and confer in writing first — then file a Motion to Compel under FRCP 37 (or state equivalent). Courts often shift fees to the losing party on a motion to compel.

Do I file the discovery with the court?

Generally no. Discovery is exchanged between parties; only objections, motions to compel, and certificates of service get filed. Local rules vary — Utah requires a notice of service to be filed; California is split. Check your court's local rules. The wizard generates the discovery itself + a Certificate of Service.

How does this pair with the Motion to Dismiss?

Sequence matters. Motion to Dismiss tests the four-corners of the complaint and is decided early — file BEFORE discovery if the complaint is facially defective (no chain of title pleaded, SOL apparent on face). If the MTD is denied, then Answer + serve discovery. Discovery flushes out what the MTD couldn't — what the plaintiff actually has in evidence.

Debt collection overview

Discovery bundle

Force them to prove it.

Most debt-buyer plaintiffs cannot prove the chain of title. Most original creditors cannot produce the original signed contract after charge-off. Most collectors did not properly validate. Targeted discovery surfaces all of it. The wizard builds 10 Interrogatories + 10 Requests for Production + 10 Requests for Admission — free. RFAs unanswered in 30 days are deemed admitted.

1You
2Case + plaintiff
3Scope
4Generate

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Filed before this

Motion to Dismiss — free

If the complaint is facially defective, file MTD first. If denied, then Answer + serve this discovery bundle.

Open MTD wizard

Discovery enforcement kit

Case Pass — $149

Meet-and-confer letter, Motion to Compel, opposition to Plaintiff’s objections, motion for sanctions, and follow-up correspondence — for one matter, 12 months.

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