A key part of the Flyingifr Method is to make the other side work for everything they try to get from you - so you have to fight them tooth and nail over every facet of the case. Lawyers thrive on this strategy, and as long as lawyers don't work for free, the more work you make their lawyer do, the higher the legal bills they have to pay. Some would fear that if you lose they can pass these legal bills on to you. To do so would be contrary to law, because it would violate a fundamental right to defend oneself. As long as your arguments are not frivolous, you can mount them.
An important part of a civil suit is Discovery. This is conducted after the preliminary pleadings (the summons, the answer and the reply) and before trial. Discovery is not conducted in a Court before a Judge, but issues pertaining to the Discovery can be submitted to the Judge for a decision (more about this later). Discovery is correspondance between you and the other side wherein you each (yes, they have Discovery rights also) "feel out" the other side's case. The purpose of Discovery is to reduce the issues for the Court to decide. Whatever is agreed to in Discovery (admitted or Stipulated) will be regarded as a settled matter at Trial.
In putting together your Discovery demand, keep in mind that you are not restricted to one Demand. Answers to questions in Discovery Demand #1 can create questions that are proper in Discoverty Demand #2. The Discovery Demand has three basic parts: Questions, Admissions and a Demand for the Production of Records.
Hypothetical Situation Let's say XYZ JDB LLC is suing Flyingifr for a ten year old credit card debt. That credit card debt is now in the hands of the thrird JDB.
In the Questions section, you must put yourself into the Court room and mentally have the other side on the Stand. What questions would you ask? What proof of the answer woiuld you demand to back up the answer? In the hypothetical case in point, here are some of the questions I would be asking in my Discovery:
First, let's see if the Plaintiff really exists and has the right to conduct business in my state and use its Courts
1. What is the true and correct name of the Plaintiff? In what state was the Plaintiff Organized? When? Provide a certified copy of the Organizational documents as well as certified copies of any amendments thereto.
2. Has the Corporate Charter lapsed or been revoked by the Domiocile State? Provide a Certificate of Good Standing issued by the appropriate Department of the Domicile State.
3. Has the Plaintiff been admitted to conduct business in Arizona? Are all licenses and bonds in place, if required? Provide a copy of same as well as a Certificate of Good Standing from Arizona.
Now let's get to the nitty gritty of the case
4. What is the name of the company that allegedly (everything is alleged. Admit NOTHING) granted the alleged credit that is the subject of this matter? Provide a copy of the application for credit that the Original creditor relied on, a copy of the promissory note or other document indicating Defendant agrered to be bound by any credit agreement, and any amendments tjhereto, as well as a complete posting history of the account, showing all charges, debits, credits, returns, offsets and charge-backs from inception of the account to present date.
5. What is the name of the company that Plaintiff purchased the alleged obligation of Defendant from, and when was it purchased? Provide a copy of the bill of sale, Bulk Transfer Affidavit and cancelled check evidencing payment. Notice that the amount paid for the debt is irrelevant. Don't raise that issue, it will get tossed out of Court immediately
6. What is the name of any intermediary owner or owners of the alleged debt? Provide a complete chain of ownership of the debt, as well as copies of the Bulk sate Affidavits pertaining to each transfer of the alleged debt.
7. What was he status of the alleged obligation of the Defendant when it was allegedly purchased by Plaintiff?
8. if FDCPA voilations are alleged Provide the names, residence addresses, business addresses, titles and telephone numbers of all persons in Plaintiff's employ who regularly enganged in Collection activities with regards to the alleged account of Defendant.
9. If FCRA violations are alleged Provide the names, residence addresses, business addresses, titles and telephone numbers of all persons in Plaintiff's employ who regularly enganged in reporting to or recieving disputes from Credit Reporting Agencies with regards to the alleged account of Defendant.
Note that numbers 8 and 9 will be much longer, going into demanding (in the case of FDCPA violations) copies of all collection notes, letters sent, internal memoranda, meeting notes, etc pertaining to the collection of the alleged debt, and FDCPA training classes conducted in the past two years, attendance rosters - looking for the absence of the people named in 8 and 9 - as well as class curriculum and curriculum vitae of the instructors.
Demand for Production of Documents and Records
10. Provide all notes, memoranda, e-mails, computer records in written (non-magnetoc) form and any and all other documents not protected by Attorney-Client provilege regarding to the Defendant's alleged account, including but not limited to contracts, charge slips and credit memos.
11. Provide any an all documents that Plaintiff intends to or may produce at trial as evidence.
12. Provide the name, address, title and telephone number of all witnesses Plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as custodian of the matters to which they may testify.
and so forth.... since each case is different, you will have to adapt this to the case you have. What is here is general in nature.
13. Admit that Plaintiff does not have custody or legible copies of any documents with Defendant's signature on it.
14. Admnit that Plaintiff's employees regularly engage in conduct and collection tactics that violate FDCPA...
Expect them to deny every Admission.
Also expect them to object to every question and demand for a document as either "vague" or "proprietary" or for some other reason. When they do this, you submit the matter to the judge, in a Motion, to order them to answer or produce, setting forth why (a) the matter at isssue is a fundamental part of the Plaintiff's burden of proof, (b) is a key factor in Defendant's defense or Counterclaim, or (c) is neither vague nor privileged and is needed for Defendant to narrow the issues, or any combination of these. The Judge will rule, and you go from there.
Here's a simplified roadmap of what you want in Discovery:
You need to analyze every aspect of what their burden of proof is and make them prove it.
Here's a roadmap:
1.Since the plaintiff is not a Natural Person, prove the Plaintiff actually exists.
2. Prove the Plaintiff STILL exists (Corporations that don't file all required reports to their State can be dissolved by the State - that's the reason for the Certificate of Good Standing). A Corporation that no longer exists has no standing to sue anyone.
3. Prove you have the privilege of coming into my State and using its courts to collect. Same burden as #1 and #2.
4. Prove there is a debt from ORIGINAL records - not hearsay statements like "we were given a computer print out...."
5. Prove YOUR liability for the alleged debt.
6. Prove the amount of the debt and that all charges are allowed by law or contract.
7. Show that any person who will testify has actual first-hand knowledge of what they will testify about.
8. Provide a copy of any and all documents you may admit into evidence.
9. Profvide the name and address of any person who was the custodian of those documents from the time they originated to now in order to establish their authenticity and chain of custody
10. Provide a sysnopsis of what any person you anticipate to testify as toi what they will testify to.
11. Prove that you come into Court with "Clean Hands"
12. In the case of FDCPA violations, prove that you had reasonable procedures in place to prevent the violation, what training you conducted to make sure your people complied with law, the subject of the training and the qualifications of the trainer, how the violation escaped those reasonable procedures and what disciplinary action has been taken against the violator.
And that's just a START. What they provide (if they provide anything) may open up new avenues for a Secod Discovery Demand.
Just send them on a long trip, make their attorney work and run up their legall fees.