When can I file a motion to compel?

After (1) you've served discovery, (2) the 30-day response period has expired, (3) you've sent a written meet-and-confer letter identifying specific deficiencies, and (4) plaintiff has either failed to respond, served boilerplate objections, or refused to cure after meet-and-confer. Skipping the meet-and-confer step is the most common reason motions to compel are denied.

What's a 'boilerplate objection' and why is it improper?

Boilerplate: 'Objection — overbroad, vague, unduly burdensome, irrelevant.' Same words to every request, no specifics. FRCP 33(b)(4) and FRCP 34(b)(2)(B) require objections to be stated 'with specificity.' In re Convergent TCPA Litigation (D. Conn. 2014) and many other cases hold that boilerplate objections are improper and may waive the objection altogether.

What sanctions can I request?

FRCP 37(a)(5) is the default — reasonable expenses + (where applicable) attorney fees if your motion is granted. Beyond that: deem RFAs admitted, preclude evidence at trial, find Plaintiff in contempt, enter default judgment, dismiss the Complaint with prejudice. Severe sanctions (default, dismissal) typically require willfulness OR a prior discovery order violation. Most courts grant fees-only on the first motion, escalating only after repeat violations.

What if Plaintiff opposes citing burden?

FRCP 26(b)(2)(C) lets the court limit discovery if its burden outweighs its benefit, but the burden is on plaintiff to make a specific factual showing. Generic 'burdensome' is insufficient. If plaintiff genuinely can't produce because the documents don't exist, that's plaintiff's standing problem — and you can use the absence of the documents as MSJ ammunition.

Should I move to compel or just file MSJ?

Both work. If RFAs are deemed admitted because plaintiff blew the 30-day clock, you can skip straight to MSJ — the deemed admissions establish your case. If plaintiff filed objections that look facially valid, file motion to compel first to flush out what plaintiff actually has. Many pro-se debtors file BOTH — compel first; if plaintiff still can't produce, that absence becomes the MSJ record.

What if the court denies?

Discovery rulings are interlocutory — typically not immediately appealable. The case continues. Common reasons for denial: insufficient meet-and-confer, the dispute is genuinely about scope (Plaintiff's objection has merit), or you're chasing tangential discovery. Refile with better meet-and-confer documentation, or pivot to MSJ on the existing record.

Debt collection overview

Motion to compel

Force them to answer.

When plaintiff stonewalls your discovery, serves boilerplate objections, or violates a prior discovery order, FRCP 37 (or your state equivalent) lets the court force compliance — and sanction the violation. The wizard handles the motion AND optional sanctions request, with FRCP 37(a)(1) meet-and-confer certificate baked in — free.

1You + court
2Discovery + meet-confer
3Grounds
4Sanctions
5Review

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Filed before this

Discovery bundle — free

You can’t move to compel discovery you haven’t served. Send the discovery bundle first. If plaintiff stonewalls or serves boilerplate, file the motion to compel.

Open discovery bundle

Next move

Summary judgment — free

If plaintiff still can’t produce after the order to compel, that absence of evidence is the MSJ record. Move for summary judgment on the discovery gap.

Open MSJ wizard