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How can discovery help me?

Produced by Mariah Jennings-Rampsi, South Coastal Counties Legal Services, with funding from American College of Bankruptcy
Created June 2012

Discovery is a way to get information from the other side about your case.  The plaintiff and defendant are parties in the case. Both parties can request discovery. If the plaintiff requests discovery, they can get information about you that they hope will help them win their case. If you request discovery you can get information about the creditor’s case against you.


The Plaintiff must prove two things:

  1. you owe the debt, and
  2. the amount of the debt.

If the plaintiff’s response to your discovery requests does not give you:

  1. the contract, the agreement you signed, that says you owe the debt,
  2. the account number or
  3. the “ledger” of your account. Their ledger is their records of what you owe them;

tell the Judge.

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