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What happens during discovery in a civil lawsuit? We asked attorney, Sarah Wolk, to explain the discovery process in this interview. Here's what we learned.

0:00 Intro
0:36 How does discovery work?
1:08 Written requests and deposition
1:32 Subpoenas
2:00 Discovery disputes and motions
3:12 Discovery limitations
3:45 Discovery example
5:29 SoloSuit can help you respond to a debt lawsuit

In a debt lawsuit, discovery typically involves gathering information that is relevant to the case. This can include:

Information and Document Requests: Parties may send written requests to each other asking for specific information or documents related to the case. For instance, the creditor might ask the debtor for detailed financial information.
Depositions: This is a more direct method where one party questions another person in person. This allows for immediate followup questions and can provide more detailed information.
Subpoenas: If there are third parties who hold information relevant to the case, subpoenas can be issued to them. These require the third parties to provide documents or give deposition testimony.
Disputes and Motions: Disagreements often arise during discovery, especially if one party feels the other's responses are incomplete or insufficient. This can lead to motions being filed, such as a motion to compel further responses, where the court intervenes to resolve the dispute.
Privileged Information: Certain types of information, like tax returns, may be considered privileged and thus not required to be shared with the opposing party. Disputes about what constitutes privileged information can arise.
Limitations in Certain Cases: In cases that fall under limited jurisdiction (involving smaller amounts of money), there might be a cap on the number of discovery requests that can be made.

Sarah shares a reallife example of a client named Susie who was being sued for a debt. Susie received special interrogatories from the plaintiff requesting extensive financial information. Some information was relevant and had to be provided, while other information was privileged and not required to be shared. A dispute arose over this, leading to court intervention. The plaintiff later conducted Susie's deposition to gather more information while avoiding asking for privileged details.

This example illustrates the dynamic and sometimes contentious nature of the discovery process in debt lawsuits, highlighting the importance of understanding what information must be shared and defending one's rights to withhold certain types of information.

ABOUT: Sarah Wolk is the Managing Partner and founding Partner at Wolk & Levine, LLP, a boutique law firm providing quality legal services to individuals and businesses in a diverse range of practice areas throughout California.
Website https://wolklevine.com/