What to d o if I’ve received a summons that I’m being sued on an old debt?

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What to d o if I’ve received a summons that I’m being sued on an old debt?

I submitted my answer to the court. Now I have received a letter of discovery from a law firm who is suing me on behalf of the creditor. I know I need to answer the discovery but can I also ask them for discovery?

Asked on October 27, 2012 under Bankruptcy Law, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country when one is in litigation the parties are entitled to "discovery" to ascertain the claims of the other. As such, you can serve discovery on the other side. If you do not want to hire an attorney to assist you in the matter, consult with your local legal aid clinic and/or county law library to get the format for the disocvery you wish to send to the other side.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can proceed with discovery.  Some methods of discovery are interrogatories (written questions to be answered under oath), request for production of documents (requesting documents the opposing party has pertaining to the case), request for admissions (requesting the opposing party to admit or deny various statements of fact), depositions, etc.

With regard to interrogatories, there are form interrrogatories you can use for economic litigation available at the law library.  Also, at the law library, look in Pleading and Practice for the format for request for production of documents and request for admissions.  These are inexpensive methods of discovery.  Depositions are expensive because you would question the opposing party with a court reporter present.


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