What Are Interrogatories and How To Use Them

You may have received interrogatories in the mail from a debt collector in your debt collection lawsuit. Now you’re wondering, “What are interrogatories? How do I respond to interrogatories? Can I send my own interrogatories?” If you are asking these questions, you’ve come to the right place. This post will answer these questions and teach you how to use interrogatories to win a debt collection lawsuit.

What Are Interrogatories?

Interrogatories are written questions that one party in a lawsuit sends to the other side. They can be almost any question relating to the topics of the lawsuit. Parties typically send interrogatories when they want to obtain information from the other side. The opposing party is legally required to answer these questions under oath, in writing, and within a set time limit. Most courts have limits to the number of interrogatories that a party can send the other side. You can find information about any limits your court places on interrogatories in your court’s rules of civil procedure.

Interrogatories are part of a phase in litigation called “discovery” where both sides exchange information prior to trial. Interrogatories can help you find out what evidence the debt collector has (or doesn’t have) to support their claim.

Why Interrogatories Are So Powerful in Debt Lawsuits

Third party junk debt buyers often rely on missing information, poor records, or the debtor failing to defend in order to win in court and obtain a judgment. Most people never respond to the summons, allowing these debt collectors to obtain default judgments. But by filing an answer and sending a set of interrogatories, you can force the debt collectors to:

• Prove they have the documentation showing you owe the debt or that they had a valid contract with you that you violated;
• Prove that they own the right to collect the debt or showing the proper chain of assignment of the contract;
• Identify their weaknesses and documents they may be missing;
• Admit they have limited or no personal knowledge of the debt.

In many cases, the debt collector’s answers (or failure to answer) can lead to a dismissal of the case. They could also give you leverage in settlement negotiations. Even if you can’t get the case dismissed or settle, you can use interrogatories as an edge at trial.

Sample Interrogatories You Can Use

Below are some examples of common interrogatories defendants can use in debt collection cases. These are meant to make the debt collector, or plaintiff, prove every part of their claim. Remember that the plaintiff has the “burden of proof” so they have to produce some of this information you are requesting to prevail at trial. Sending these requests let you know if they have the information they need to meet that burden of proof.

PRO ATTORNEY TIP: Send no more than the maximum number of interrogatories your court’s rules of civil procedure allows (often 25 or fewer). It is important to always read your court’s rule on interrogatories and ensure you comply with all the requirements in the rule. Failure to do this may result in the debt collector refusing to answer the interrogatories. Some courts also don’t allow interrogatories, or don’t allow them if the amount the debt collector seeks doesn’t meet a minimum threshold amount. So always check the rules of civil procedure!

Example Interrogatories:

1. Identify the name and address of the original creditor.
2. Identify all prior owners of the debt, including names and dates of assignment.
3. Provide an accounting of the debt, including individual purchases, dates of purchases, amounts of purchases, and interest calculation (this type of interrogatory is especially effective for credit card debts).
4. State whether you are the current legal owner of the debt, and if so, explain how ownership was obtained.
5. List all documents you plan to use at trial.
6. List all witnesses you plan to call at trial.

Even More Samples

The examples above are just the beginning of the types of questions you can ask debt collectors. And to help you we’ve come up with even more. Along with our interrogatory form which you can find as part of our Basic Forms Package HERE, we also have a set of 107 different discovery requests (including interrogatories) that you can send to a debt collector as part of your lawsuit. You can find those HERE.

How To Send Interrogatories

Once you’ve selected the interrogatories you want to send, you’ll need to prepare and send them to the opposing attorney to answer. So here’s your step-by-step guide to sending interrogatories:

1. Check if written discovery is allowed in your court
   • Some small claims courts don’t allow written discovery
   • Some courts limit the number of discovery requests (including interrogatories) that you can send
   • Some courts limit the types of questions you can ask, or have pre-set questions from which you can’t vary
   • Call your court clerk and check your court’s rules of civil procedure to see what is allowed
2. Prepare your interrogatories
   • Use plain language and number each question
   • Type them in a professional format (even better, use our form which you can get HERE) with your case title and court information
   • Include a “certificate of service” at the bottom showing how and when you mailed them (our form comes with the certificate of service attached).
3. Send them to the plaintiff’s attorney
   • Send a copy to the debt collector’s attorney via certified mail, and keep the receipt as proof of how and when you sent them
   • File the certificate of service with your court (check your court’s rules of civil procedure to see if this is required)
   • Keep a copy for yourself so you have record of what you sent
4. Wait for the deadline to respond
   • Most courts set a deadline of around 30 days. Every court is different so check your court’s rules of civil procedure to determine the actual deadline

What To Do With Their Answers

Once you receive the responses:

• Look for incomplete, evasive, or missing answers
• Compare their answers to what they filed in the complaint – any contradictions are key
• Determine if based on their answers they cannot do one of the following:
  • Prove they have ownership of the debt or the right to collect
  • Prove the debt is covered by a contract
  • There are documents they should have that are missing

Alternatively, and if the judge denies your motion for summary judgment, you can go to trial and use their answers as proof that you don’t owe the debt.

If you think that they have information that you need but they failed to provide adequate answers with that information, you can file a Motion to Compel (you can find a “Motion” form HERE). In that motion you will explain to the judge that you sent an interrogatory and the plaintiff failed to properly respond. Then you will ask the judge to order the plaintiff to respond to your interrogatory.

If their answers show contradictions with their complaint, or the plaintiff cannot prove they have ownership of the debt, the plaintiff cannot prove that the debt is covered by a contract, or that there are key documents the plaintiff needs to prove their case but they did not produce them, then you can file a Motion for Summary Judgment and ask the judge to dismiss your case.

What if They Ignore the Interrogatories?

If the debt collector fails to respond to your interrogatories by the deadline, they may be in violation of court rules. You can:

1. Send a letter or email to the attorney and remind them that they have not responded to your interrogatories and requesting that they do so (some courts may even require you to do this before filing a motion to compel)
2. File a motion to compel with the court, asking the court to order the debt collector to answer your interrogatories
3. File a motion to exclude their evidence because they did not produce it to you in response to a valid interrogatory
4. File a motion to dismiss the case based on failure to cooperate with discovery

Final Tips

Keep the following things in mind when preparing your interrogatories:

1. Pair interrogatories with Requests for Production of Documents and Requests for Admission. Most people will send a set of all three types of discovery requests together. You can find 107 sample discovery requests HERE and the forms for these other discovery requests HERE.
2. Be firm but professional in all your communication. If the plaintiff does not respond to your interrogatories or does not respond with the information you seek, you may need to file a motion with the court. If you file a motion, you’ll probably want to attach copies of your discovery requests and any subsequent correspondence you had with the attorney. Make sure that you feel comfortable with your judge seeing what you say to the attorney.
3. Never miss a deadline. Track everything. Deadlines can be the difference between winning and losing your case.
4. If your case becomes too complex, you may want to talk to a lawyer. Many local legal aid organizations can offer free or low-cost legal help. Alternatively, we offer 1:1 video consultation calls to walk you through the process of sending and responding to interrogatories and other discovery requests. You can sign up to meet with us HERE.
5. During the discovery process, you should always be evaluating your case and the possibility of settlement. If you do negotiate a settlement, you can find a settlement offer letter and settlement agreement HERE. There are also organizations like Solosettle who can help negotiate a settlement on your behalf.

For More Help

1. Join our free Debt Collection Self Defense Facebook Group HERE and ask our community if there are any sample interrogatories that have worked for them that might also work for you.
2. If you want to learn more great tips on defending yourself in court against debt collectors, sign up for our free email list below

Do you have any other suggested interrogatories that you can send to a debt collector? Has this process worked for you before? Please leave us a comment below and let us know!