REQUESTS FOR PRODUCTION OF DOCUMENTS — COLLECTIONS

Case Caption

IN THE [________________________________] COURT
[____] JUDICIAL DISTRICT / CIRCUIT
[________________________________] COUNTY, [____] (STATE)

[________________________________], )
Plaintiff, ) Case No. [________________________________]
)
v. ) PLAINTIFF'S / DEFENDANT'S REQUESTS
) FOR PRODUCTION — COLLECTIONS
[________________________________], )
Defendant. )
)

Propounding Party Information

Preliminary Instructions

TO THE RESPONDING PARTY: Pursuant to Fed. R. Civ. P. 34 (or the analogous state rule of civil procedure), you are requested to produce and permit inspection and copying of the following documents and categories of documents within thirty (30) days of service of these requests.

General Instructions

1. Scope of Production. These requests seek documents and electronically stored information ("ESI") within the broadest scope permitted under Fed. R. Civ. P. 26(b)(1), i.e., any nonprivileged matter that is relevant to any party's claim or defense and proportional to the needs of the case.

2. Definition of "Document." As used herein, "document" has the broadest meaning permitted under Fed. R. Civ. P. 34(a) and includes writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations — including ESI — stored in any medium from which information can be obtained either directly or, if necessary, after translation by the responding party into a reasonably usable form.

3. Format of Production. Documents shall be produced as they are kept in the usual course of business or organized and labeled to correspond to the categories in these requests (Fed. R. Civ. P. 34(b)(2)(E)). ESI shall be produced in the form in which it is ordinarily maintained or in a reasonably usable form (Fed. R. Civ. P. 34(b)(2)(E)(ii)).

4. Objections. If you object to any request, state the objection with specificity, indicate whether any responsive documents are being withheld on the basis of the objection, and produce all non-objectionable documents (Fed. R. Civ. P. 34(b)(2)(B)-(C)).

5. Privilege Log. If any document is withheld based on a claim of privilege or work product protection, provide a privilege log pursuant to Fed. R. Civ. P. 26(b)(5) identifying: (a) the type of document; (b) its date; (c) the author(s) and recipient(s); (d) the subject matter; and (e) the specific privilege asserted.

6. Continuing Duty. Pursuant to Fed. R. Civ. P. 26(e), you have a continuing obligation to supplement your production if additional responsive documents are identified.

7. Identification. All documents produced should be Bates-numbered or otherwise identified to permit reference in subsequent proceedings.

Definitions

For purposes of these requests, the following definitions apply:

1. "Account" means the credit card account, loan account, retail installment account, or other financial obligation that is the subject of this action.

2. "Agreement" means any written or oral contract, credit agreement, cardholder agreement, terms and conditions, promissory note, or other instrument creating, evidencing, or governing the Account.

3. "Assignment" means any sale, transfer, conveyance, assignment, or other disposition of any right, title, or interest in the Account or the Debt.

4. "Collection Activity" means any act or communication to collect or attempt to collect the Debt, including telephone calls, letters, emails, text messages, legal filings, credit reporting, or contact with third parties.

5. "Communication" means any oral, written, or electronic transmission of information.

6. "Debt" means the total alleged obligation arising from the Account.

7. "Original Creditor" means the entity that originally extended credit or established the Account.

8. "You" / "Your" refers to the responding party, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, predecessors, successors, and all persons acting on its behalf.

Requests for Production

Part A: Original Account Documentation

REQUEST NO. 1: The original signed Agreement between the Original Creditor and the alleged debtor for the Account, including all terms and conditions, amendments, modifications, addenda, and change-in-terms notices in effect during the life of the Account.

REQUEST NO. 2: The credit application or account application submitted by or on behalf of the alleged debtor to the Original Creditor, including any supporting documentation submitted with the application.

REQUEST NO. 3: All account statements, billing statements, and periodic statements for the Account from the date the Account was opened through the present, or through the date of charge-off if statements are not available for the entire period.

REQUEST NO. 4: All payment records, payment ledgers, transaction histories, and account activity records for the Account from the date the Account was opened through the present, showing all charges, payments, credits, adjustments, interest accruals, and fee assessments.

REQUEST NO. 5: All documents evidencing the terms of the Account at the time of the alleged default, including the applicable interest rate, minimum payment calculation method, fee schedule, and any other material terms.

Part B: Default and Charge-Off Documentation

REQUEST NO. 6: All notices of default, demand letters, right-to-cure notices, acceleration notices, and any other written communications sent to the alleged debtor regarding the alleged default on the Account.

REQUEST NO. 7: All documents reflecting the charge-off of the Account, including the charge-off date, the charge-off balance, the accounting entries related to the charge-off, and any internal memoranda or reports regarding the decision to charge off the Account.

REQUEST NO. 8: All documents relating to any insurance claim filed in connection with the Account or the Debt, including credit default insurance, portfolio insurance, or similar coverage, and any proceeds received from such claims.

REQUEST NO. 9: All documents relating to any tax benefit, write-off, deduction, or other financial benefit received by any entity in connection with the charge-off of the Account or the Debt, including IRS Form 1099-C (Cancellation of Debt) if issued.

REQUEST NO. 10: All documents relating to any recovery, payment, or settlement received from any source on the Account after the date of charge-off, including partial payments, settlement payments, insurance recoveries, and surety recoveries.

Part C: Assignment and Chain of Title

REQUEST NO. 11: All bills of sale, assignment agreements, purchase agreements, transfer documents, and any other instruments by which the Account or the Debt was sold, assigned, or transferred from the Original Creditor through each intermediate assignee to you, including all exhibits, schedules, and attachments thereto.

REQUEST NO. 12: All documents specifically identifying the Account in any assignment, sale, or transfer, including account-level data files, electronic media, spreadsheets, or lists that accompanied any bill of sale or assignment agreement.

REQUEST NO. 13: All forward flow agreements, master purchase agreements, or portfolio purchase agreements under which the Account was sold or transferred, including all schedules, amendments, and addenda.

REQUEST NO. 14: All due diligence documents, audit reports, sample file reviews, or other analyses performed by you or on your behalf before purchasing or acquiring the Account or the portfolio containing the Account.

REQUEST NO. 15: All representations, warranties, and indemnification provisions contained in any assignment or purchase agreement relating to the Account, and all documents relating to any breach of warranty claim or repurchase demand made in connection with the Account.

Part D: Collection Activity Records

REQUEST NO. 16: All collection letters, demand letters, and other written communications sent by you or on your behalf to the alleged debtor regarding the Debt, from the date you acquired the Account through the present.

REQUEST NO. 17: All telephone call logs, records, and notes of telephone calls made by you or on your behalf to or from the alleged debtor regarding the Debt, including the date, time, duration, caller identification, and a summary or recording of each call.

REQUEST NO. 18: All emails, text messages, social media messages, and other electronic communications sent by you or on your behalf to the alleged debtor regarding the Debt.

REQUEST NO. 19: All internal notes, memoranda, account notes, collection notes, system entries, and other records generated by you or your agents documenting any Collection Activity related to the Account.

REQUEST NO. 20: All skip tracing records, address verification documents, and other records used to locate or contact the alleged debtor.

Part E: Debt Validation and Verification

REQUEST NO. 21: The written validation notice sent to the alleged debtor pursuant to 15 U.S.C. § 1692g(a), including proof of mailing or delivery.

REQUEST NO. 22: All written disputes received from the alleged debtor or any person on their behalf regarding the Debt, and all correspondence and documents sent in response to any such dispute.

REQUEST NO. 23: All verification of the Debt obtained pursuant to 15 U.S.C. § 1692g(b), including the source of the verification and the documents reviewed in the verification process.

REQUEST NO. 24: All documents obtained from the Original Creditor or any prior holder of the Debt in connection with validating, verifying, or substantiating the Debt.

Part F: Credit Reporting Records

REQUEST NO. 25: All documents reflecting information reported by you to any consumer reporting agency (Equifax, Experian, TransUnion, or other) regarding the Account, including trade-line data, account status codes, balance information, and date of first delinquency.

REQUEST NO. 26: All Automated Consumer Dispute Verification ("ACDV") forms or e-OSCAR responses relating to the Account, including the results of any investigation conducted pursuant to 15 U.S.C. § 1681s-2(b).

REQUEST NO. 27: All consumer credit reports obtained by you regarding the alleged debtor, and all records of your permissible purpose under 15 U.S.C. § 1681b for obtaining such reports.

Part G: Policies and Procedures

REQUEST NO. 28: Your written policies, procedures, training materials, and compliance manuals related to: (a) debt validation and verification pursuant to 15 U.S.C. § 1692g; (b) communication practices with consumers; (c) credit reporting of consumer debts; and (d) complaint handling, in effect during the time you have held the Account.

REQUEST NO. 29: Your written policies and procedures regarding the maintenance, storage, and retention of Account records, including any document retention schedules and any records relating to the destruction or loss of Account records.

Part H: Legal Proceedings and Settlements

REQUEST NO. 30: All pleadings, orders, judgments, and other documents from any prior litigation, arbitration, or legal proceeding involving the Debt or the Account, whether filed by you or any prior holder of the Debt.

REQUEST NO. 31: All settlement offers, settlement agreements, payment plans, or other agreements between you or any prior holder and the alleged debtor regarding the Debt.

REQUEST NO. 32: All documents relating to any bankruptcy case filed by or against the alleged debtor, including proofs of claim, notices, and discharge orders, to the extent in your possession.

Part I: Damages and Expert Materials

REQUEST NO. 33: All calculations, worksheets, spreadsheets, or other documents showing how the total amount claimed is computed, including an itemized breakdown of principal, interest (with rate and method of computation), fees, costs, and credits.

REQUEST NO. 34: All documents you intend to use or may use as exhibits at trial or in support of any motion in this action.

REQUEST NO. 35: All expert reports, analyses, or opinions obtained in connection with this action, to the extent required to be disclosed under Fed. R. Civ. P. 26(a)(2).

Jurisdiction-Specific Notes

Federal Court (FRCP)

• No Numerical Limit: Fed. R. Civ. P. 34 does not impose a limit on the number of requests for production. However, courts may limit requests under Fed. R. Civ. P. 26(b)(2)(C) based on proportionality.
• Response Deadline: 30 days after service (Fed. R. Civ. P. 34(b)(2)(A)).
• Specificity of Objections: The response must state with specificity the grounds for objecting to the request, including the reasons, and must state whether any responsive materials are being withheld on the basis of the objection (Fed. R. Civ. P. 34(b)(2)(B)-(C)).

California

• No Limit in Unlimited Cases: No statutory limit on requests for production in unlimited civil cases (Cal. Code Civ. Proc. § 2031.010 et seq.).
• Limited Civil Cases: Combined discovery requests are capped at 35 total in limited civil cases (Cal. Code Civ. Proc. § 94(a)).
• Response Deadline: 30 days after service; 35 days if served by mail within California (Cal. Code Civ. Proc. § 2031.260).
• Statement of Compliance: The response must include a statement that the party will comply, will comply in part, or objects (Cal. Code Civ. Proc. § 2031.210).
• Verified Response: Responses must be verified (under oath) in California (Cal. Code Civ. Proc. § 2031.250).

Texas

• No Numerical Limit: Texas does not impose a numerical limit on requests for production (Tex. R. Civ. P. 196).
• Response Deadline: 30 days after service (Tex. R. Civ. P. 196.2(a)).
• Withholding Statement: If a party withholds documents, the response must state that information or material responsive to the request has been withheld and set forth the particular privilege or reason for withholding (Tex. R. Civ. P. 193.3).
• Snap-Back Provision: If privileged material is inadvertently produced, a party may snap back the material within 10 days of discovering the inadvertent production (Tex. R. Civ. P. 193.3(d)).

Florida

• No Numerical Limit: Florida does not impose a numerical limit on requests for production (Fla. R. Civ. P. 1.350).
• Response Deadline: 30 days after service; 5 additional days if served by mail (Fla. R. Civ. P. 1.350(b), 1.090(e)).
• Sworn Response: The response must be made in writing and under oath by the party to whom the request is directed (Fla. R. Civ. P. 1.350(b)).

New York

• No Numerical Limit: CPLR § 3120 governs document demands in New York. There is no statutory limit on the number of document requests.
• Response Deadline: 20 days from service (CPLR § 3122(a)); add 5 days if served by mail (CPLR § 2103(b)(2)).
• Privilege Log: The responding party must provide a privilege log identifying any documents withheld on the basis of privilege (CPLR § 3122(b)).

Response Form

The responding party should respond to each request in the following format:

REQUEST NO. [____]: [Restate request]

RESPONSE:

☐ The responding party will comply and produce all responsive documents.
☐ The responding party will comply in part. [Specify the part to which compliance will be made and state objections to the remainder.]
☐ The responding party objects. [State grounds with specificity.]
☐ No responsive documents exist. [Describe the search conducted and efforts to locate responsive documents.]

Documents Produced: Bates Nos. [________________________________] through [________________________________]

Documents Withheld (Privilege): See Privilege Log Entry Nos. [________________________________]

Verification

I, [________________________________], declare under penalty of perjury under the laws of [________________________________] (state) and the United States of America that the foregoing responses are true and correct and that the production is complete to the best of my knowledge, information, and belief.

Executed on [__/__/____], at [________________________________] (city), [____] (state).

________________________________________
[RESPONDING PARTY NAME / AUTHORIZED REPRESENTATIVE]
[TITLE, if applicable]

Certificate of Service

I, [________________________________], certify that on [__/__/____], I served a true and correct copy of this document on all parties or their counsel of record by the following method:

☐ U.S. Mail, first class, postage prepaid
☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery
☐ Electronic Service (via court e-filing system)
☐ Email (by agreement of the parties)
☐ Facsimile
☐ Other: [________________________________]

To:
[________________________________]
[________________________________]
[________________________________]
[________________________________]

________________________________________
[ATTORNEY NAME]
[BAR NUMBER]
[FIRM NAME]
[ADDRESS]
[TELEPHONE]
[EMAIL]

Sources and References

• Federal Rules of Civil Procedure, Rules 26, 34, 37: https://www.law.cornell.edu/rules/frcp
• Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p: https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x: https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• UCC Article 3 (Negotiable Instruments): https://www.law.cornell.edu/ucc/3
• Cal. Code Civ. Proc. §§ 2031.010-2031.510: https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=CCP
• Tex. R. Civ. P. 196: https://www.txcourts.gov/media/1446498/trcp-all-updated-with-amendments-effective-may-1-2020.pdf
• Fla. R. Civ. P. 1.350: https://www.floridasupremecourt.org/Florida-Rules-of-Court
• N.Y. CPLR § 3120: https://www.nysenate.gov/legislation/laws/CVP/3120