If you’ve been sued by a debt buyer like Midland Funding, Portfolio Recovery, LVNV Funding, Cavalry SPV, or Jefferson Capital, filing an Answer is only the first step.
The next powerful tool available in many courts is discovery.
Discovery allows you to formally request:
- Documents
- Written answers
- Admissions
And here’s the key:
Many debt buyer cases weaken or collapse during discovery.
Why? Because debt buyers often lack complete documentation.
Below are examples of discovery requests consumers commonly use to force proof and challenge a debt buyer’s case.
⚠️ Important: Court rules vary by state and court level (especially small claims). Always confirm discovery is allowed and follow local rules and deadlines.
What You’re Trying to Prove in Discovery
In a debt buyer lawsuit, the plaintiff must prove:
- They legally own your specific debt (standing / chain of title)
- The debt belongs to you
- The balance is accurate
- The case is within the statute of limitations
Your discovery requests should target those elements.
Part 1: Sample Interrogatories (Written Questions)
Interrogatories are written questions the plaintiff must answer under oath.
Here are sample interrogatories you may use.
Sample Interrogatories to Debt Buyer
Interrogatory No. 1:
Identify the original creditor for the alleged debt.
Interrogatory No. 2:
State the date of the last payment made on the alleged account.
Interrogatory No. 3:
State the date the alleged account was charged off.
Interrogatory No. 4:
Describe in detail how the balance claimed in the Complaint was calculated.
Interrogatory No. 5:
Identify all assignments or transfers of the alleged debt, including dates and parties involved.
Interrogatory No. 6:
Identify each person with knowledge of the alleged debt and their role.
Interrogatory No. 7:
State whether Plaintiff possesses the original signed contract for the alleged account.
Interrogatory No. 8:
State whether Plaintiff contends the lawsuit is within the applicable statute of limitations and explain why.
These questions force the debt buyer to commit to specific facts — especially about ownership and timing.
Part 2: Sample Requests for Production of Documents
This is often the most powerful discovery tool.
You are requesting actual evidence.
Sample Requests for Production
Request No. 1:
Produce the original signed credit card agreement for the alleged account.
Request No. 2:
Produce all account statements from account opening through charge-off.
Request No. 3:
Produce the complete payment history for the alleged account.
Request No. 4:
Produce the charge-off statement.
Request No. 5:
Produce the Bill of Sale transferring the alleged account to Plaintiff.
Request No. 6:
Produce all assignment agreements showing the chain of title from the original creditor to Plaintiff.
Request No. 7:
Produce any account schedules or data sheets identifying Defendant’s specific account as part of any sale.
Request No. 8:
Produce any documents Plaintiff intends to rely upon at trial.
Request No. 9:
Produce all documents supporting the calculation of interest and fees added after charge-off.
Request No. 10:
Produce any communications between Plaintiff and the original creditor regarding this account.
Many debt buyers struggle to produce:
- Full chain of title
- Complete statement history
- Signed agreements
- Clear balance calculations
Part 3: Sample Requests for Admissions
Requests for Admissions can be very powerful.
If the plaintiff fails to respond properly, some courts may treat the statements as admitted.
Sample Requests for Admissions
Request for Admission No. 1:
Admit that Plaintiff does not possess a signed credit agreement for the alleged account.
Request for Admission No. 2:
Admit that Plaintiff was not the original creditor on the alleged account.
Request for Admission No. 3:
Admit that Plaintiff does not have personal knowledge of the original creditor’s record-keeping practices.
Request for Admission No. 4:
Admit that Plaintiff cannot produce a complete chain of title identifying Defendant’s specific account.
Request for Admission No. 5:
Admit that the alleged debt was charged off more than [X] years before this lawsuit was filed.
Request for Admission No. 6:
Admit that Plaintiff relies on records created by another entity to support its claim.
These admissions can set up:
- Standing challenges
- Hearsay objections
- Statute of limitations defenses
How Discovery Helps You
If the debt buyer:
✔ Cannot produce chain of title
They may lack standing.
✔ Cannot produce full statements
They may not prove the balance.
✔ Cannot prove last payment date
Statute of limitations may apply.
✔ Relies only on affidavits
You may raise hearsay objections at trial.
Discovery forces them to show their cards before trial.
Common Discovery Weaknesses in Debt Buyer Cases
In many cases, debt buyers:
- Provide only a generic bill of sale
- Do not include account schedules listing your account
- Provide partial statements only
- Fail to authenticate records properly
- Cannot explain how interest was calculated
- Provide affidavits from people with no personal knowledge
These gaps can create leverage.
Important Deadlines
Most courts require discovery responses within:
- 30 days
- or another specific deadline set by rule
Failure to respond properly may allow motions to compel.
However, discovery rules vary widely, and mistakes can hurt your case.
Important Warning for Consumers
Discovery can be powerful — but it is procedural.
Mistakes can include:
- Missing response deadlines
- Failing to object properly
- Admitting facts unintentionally
- Not formatting discovery correctly
- Filing discovery improperly with the court
Some courts limit discovery in small claims cases.
Because procedural rules matter, getting legal guidance can prevent costly errors.
Strategic Tip: Discovery Often Leads to Settlement
Once weaknesses are exposed, debt buyers often:
- Offer reduced settlements
- Dismiss cases
- Fail to pursue trial
Many cases resolve during or after discovery — not at trial.
The Bottom Line
Discovery allows you to demand:
- Proof of ownership
- Proof of balance
- Proof of timeliness
- Proof the debt belongs to you
Debt buyers must prove their case — not just file a lawsuit.
If you are in the discovery phase of a debt buyer lawsuit, this is often your best opportunity to challenge weak documentation.
Need Help Using Discovery Effectively?
If you’ve been sued by Midland Funding, Portfolio Recovery, LVNV, Cavalry SPV, Jefferson Capital, or another debt buyer, an attorney may be able to help you:
- Draft proper discovery requests
- Identify statute of limitations defenses
- Challenge chain-of-title issues
- File motions to compel
- Negotiate from a position of strength
Discovery is powerful — but it works best when used strategically.
