Understanding Discovery in

Debt Collection Cases

And How to Respond

GET YOUR FREE CONSULTATION
CALL NOW:855-978-6564
Practice Areas
Free Case Evaluation

Fill out the form below for a free, confidential case evaluation and we will contact you shortly. All fields are required.

    Full Name*

    Email*

    Phone*

    Describe your case briefly

    Understanding Discovery in a Debt Collection Lawsuit

    If you’re a consumer being sued by a creditor or debt buyer, one of the most important (and often confusing) stages of the lawsuit is called discovery. Discovery is the legal process where both sides exchange information and documents to prepare for trial. It’s a critical part of your case—and one you need to take seriously.

    At Ginsburg Law Group, PC, we help consumer defendants understand their responsibilities during discovery and how to protect themselves. Here’s what you need to know.

    What Is Discovery?

    Discovery is a formal process that happens after the lawsuit has been filed but before trial. It allows both sides—the plaintiff (creditor) and the defendant (you)—to ask questions, request documents, and gather evidence that might help prove their case.

    The goal is to make sure that both parties are fully informed about the facts before going to court.

    Why Discovery Matters in Debt Collection Cases

    In debt collection lawsuits, discovery gives you a chance to:

    • Force the creditor to prove they own the debt and have the legal right to sue.

    • Examine the details and accuracy of the debt being claimed.

    • Raise defenses, such as mistaken identity, lack of documentation, improper assignment of the debt, or expiration of the statute of limitations.

    It also allows the creditor to ask you for documents and information about your financial situation, payment history, or communications with the original creditor.

    Common Types of Discovery

    Here are the main types of discovery you might encounter in your case:

    1. Interrogatories

    Written questions that you must answer under oath. For example:

    • “Do you admit or deny owing this debt?”

    • “List all bank accounts you currently hold.”

    2. Requests for Production of Documents

    The other side may ask you to provide certain documents. For example:

    • Bank statements

    • Payment records

    • Letters or emails from the creditor

    • Credit reports

    • Proof of disputes or fraud claims

    3. Requests for Admissions

    Statements that you are asked to either admit or deny. These are used to narrow down the issues in the case.

    • Example: “Admit that you opened a credit card account ending in 1234 with XYZ Bank.”

    4. Depositions

    Though less common in small debt cases, a deposition is an in-person or virtual interview under oath where your testimony is recorded by a court reporter.

    What You Should Do If You Receive Discovery Requests

    ✅ Don’t Ignore Them

    There are strict deadlines for responding—usually within 20 to 30 days. Failing to respond can hurt your case and may result in the court assuming you admitted to everything.

    ✅ Review the Questions Carefully

    Read every request. If something is confusing, don’t guess. That’s where we step in to guide you.

    ✅ Preserve Relevant Information

    Even if you’re not sure it’s helpful, you should keep:

    • All communication with the creditor or debt collector

    • Billing statements and payment records

    • Credit card agreements or contracts

    • Any records of disputes, complaints, or fraud reports

    Never delete, shred, or alter documents. Doing so can lead to penalties.

    ✅ Answer Truthfully—but Cautiously

    Even if you think a fact might hurt your case, it’s important to be honest. However, legal objections can often be raised if a question is too broad, irrelevant, or seeks privileged information. We’ll help determine which questions you must answer and which can be challenged.

    What Happens If You Don’t Respond to Discovery?

    If you miss the deadline or refuse to respond:

    • The creditor may file a motion to compel, asking the court to force you to comply.

    • The court may sanction you, which could mean:

      • Paying the other side’s legal fees

      • Having certain facts automatically accepted as true

      • Losing the case by default judgment

    Bottom line: failing to respond to discovery requests can seriously damage your defense.

    Motions to Compel: What You Need to Know

    If the creditor claims your responses were incomplete or missing, they might file a motion to compel. This is a formal request asking the judge to order you to respond fully.

    If this happens:

    • The court will review both sides’ arguments.

    • You may be given a new deadline to comply.

    • If you still fail to respond, the judge can issue penalties, including a judgment against you.

    We’ll work with you to avoid that outcome and make sure your responses meet the court’s requirements.

    How We Help During Discovery

    At Ginsburg Law Group, PC, we assist consumer debtors with every step of discovery. We help by:

    • Reviewing and drafting responses to discovery requests

    • Raising legal objections where appropriate

    • Ensuring deadlines are met

    • Pushing back when creditors ask for irrelevant or overly invasive information

    • Requesting discovery from the creditor to test their claims

    Protect Yourself. Know Your Rights. Respond Properly.

    Discovery can feel intimidating, but you don’t have to go through it alone. With the right legal guidance, discovery is an opportunity—not a trap. It can give you leverage to settle, defeat the lawsuit, or highlight the creditor’s weaknesses.

    📞 Ready to respond to discovery or have questions about your case?
    Let us help you protect your rights.

    📞 Phone: 855-978-6564
    📧 Email: debtdefense@ginsburglawgroup.com