# Requests for Production — California Debt-Buyer Discovery Bank

A pre-built bank of Requests for Production targeting the
weak spots of a typical California debt-buyer case: chain of
title (FDBPA § 1788.52 documentation), original-creditor
records, CDCLA licensing, plaintiff's own records, and
communications.

> **NOT LEGAL ADVICE.** Adapt to your specific case.
> CCP § 2031.060 proportionality applies — narrow as needed.

## Format

Use these as Defendant's First Set of Requests for Production
of Documents and Things under CCP § 2031.010 et seq.
Serve on plaintiff (or plaintiff's counsel) per CCP § 1013
(service by mail).

**Response is due 30 days** after service (CCP § 2031.260).
If served with the summons, 30 days after the earlier of
appearance or the response date on the summons.

**Motion to compel further responses**: must be filed within
**45 days** of service of the responses, unless extended
by stipulation. CCP § 2031.310(c). This is a hard deadline.
Calendar immediately on receiving responses.

## DEFINITIONS

```
For purposes of these Requests:

1.  "ACCOUNT" means the credit-card account number ending in
    [last 4 digits], allegedly opened by Defendant [Name]
    with [Original Creditor], as referenced in Plaintiff's
    Complaint at paragraph [N].

2.  "PLAINTIFF" means [Plaintiff entity name], its officers,
    employees, agents, attorneys, servicers, and any
    predecessor or affiliate.

3.  "ORIGINAL CREDITOR" means [Bank of America / Capital
    One / etc.], and any subsidiary, affiliate, or successor.

4.  "DOCUMENT" has the meaning of Cal. Evid. Code § 250 and
    includes writings, electronically stored information,
    electronic records, databases, emails, text messages,
    account-management system entries, spreadsheets, and
    any other form of recorded data.

5.  "CHAIN OF TITLE DOCUMENT" means any Bill of Sale,
    Assignment Schedule, Bulk Sale Agreement, Purchase and
    Sale Agreement, or other document evidencing the
    transfer of the ACCOUNT from one entity to another.

6.  "DFPI" means the California Department of Financial
    Protection and Innovation.

7.  "COMMUNICATION" means any oral, written, or electronic
    exchange of information, including letters, emails,
    text messages, voicemails, recordings, and notes of
    telephone calls.
```

## REQUESTS

### A. Chain of title and FDBPA documentation

**REQUEST FOR PRODUCTION NO. 1**:

> Produce the original Cardholder Agreement between Defendant
> and the Original Creditor applicable to the ACCOUNT,
> including any signature pages, incorporated terms and
> conditions, pricing information, electronic acceptance
> records, and all amendments effective during the life of
> the ACCOUNT.

**REQUEST FOR PRODUCTION NO. 2**:

> Produce all monthly statements issued by the Original
> Creditor on the ACCOUNT from the date of account opening
> through the date of charge-off, including all statements
> showing transaction history, payment history, balance,
> interest charges, fees, and credits.

**REQUEST FOR PRODUCTION NO. 3**:

> Produce all Bills of Sale evidencing the transfer of the
> ACCOUNT from the Original Creditor to any subsequent holder,
> and all Bills of Sale for any subsequent transfers through
> to PLAINTIFF.

**REQUEST FOR PRODUCTION NO. 4**:

> Produce all Assignment Schedules (or comparable account-
> level inventories) identifying the ACCOUNT in connection
> with each transfer referenced in Request No. 3. Documents
> shall be produced in unredacted form to the extent that
> the ACCOUNT is identified; PLAINTIFF may redact other
> accounts' identifying data (name, account number, balance)
> from other rows, but the document's structure, headers,
> footers, column labels, date information, and signature
> pages must remain visible.

**REQUEST FOR PRODUCTION NO. 5**:

> Produce all Bulk Sale Agreements (or master purchase and
> sale agreements) for each transfer of the ACCOUNT through
> the chain of title.

**REQUEST FOR PRODUCTION NO. 6**:

> Produce all documents evidencing PLAINTIFF's purchase of
> the portfolio of accounts that included the ACCOUNT,
> including any due-diligence documents, valuation analyses,
> representations and warranties from the seller, and any
> communications between PLAINTIFF and the seller regarding
> the pool sale.

**REQUEST FOR PRODUCTION NO. 7**:

> Produce all documents that identify and itemize the balance
> of the ACCOUNT as of the date of charge-off, including the
> breakdown of principal, interest, fees, and other charges
> as required by Cal. Civ. Code, § 1788.52.

**REQUEST FOR PRODUCTION NO. 8**:

> Produce the pre-suit notice PLAINTIFF sent to Defendant
> regarding the ACCOUNT pursuant to Cal. Civ. Code, § 1788.60,
> including the date of sending, method of delivery, and
> a copy of the notice as delivered.

### B. Plaintiff's own records of the account

**REQUEST FOR PRODUCTION NO. 9**:

> Produce all of PLAINTIFF's internal records of the ACCOUNT,
> including account-management system entries, servicing notes,
> payment records, account history from the date of
> acquisition to the present, and any reports generated
> regarding the ACCOUNT.

**REQUEST FOR PRODUCTION NO. 10**:

> Produce all COMMUNICATIONS between PLAINTIFF (or any
> agent of PLAINTIFF) and Defendant regarding the ACCOUNT,
> including collection letters, calls, emails, text messages,
> and any records of communications.

**REQUEST FOR PRODUCTION NO. 11**:

> Produce the initial communication PLAINTIFF (or any agent
> of PLAINTIFF) sent to Defendant regarding the ACCOUNT,
> including the validation notice (if any) required by
> 15 U.S.C. § 1692g and 12 CFR § 1006.34, and the date
> of sending.

**REQUEST FOR PRODUCTION NO. 12**:

> Produce all documents evidencing Defendant's dispute
> of the ACCOUNT (if any) and PLAINTIFF's response to the
> dispute, including the verification provided under
> 15 U.S.C. § 1692g and 12 CFR § 1006.38, and the date
> of verification.

### C. CDCLA licensing

**REQUEST FOR PRODUCTION NO. 13**:

> Produce all documents evidencing PLAINTIFF's license from
> the California Department of Financial Protection and
> Innovation as required by Cal. Fin. Code, § 100002,
> covering the period from [date PLAINTIFF acquired ACCOUNT]
> to the present, including the license application, license
> certificate, annual renewal confirmations, and any
> correspondence with DFPI regarding the license.

**REQUEST FOR PRODUCTION NO. 14**:

> Produce all documents constituting COMMUNICATIONS between
> PLAINTIFF and the California Department of Financial
> Protection and Innovation regarding PLAINTIFF's licensing
> status, any license suspension or revocation, and any
> investigation or enforcement matter.

### D. Authentication documentation

**REQUEST FOR PRODUCTION NO. 15**:

> Produce all declarations, certifications, or attestations
> PLAINTIFF intends to offer at trial or in support of any
> motion to authenticate the Original Creditor's records
> under Cal. Evid. Code § 1271 and § 1561, including the
> identity of the declarant and the declarant's connection
> to the Original Creditor.

**REQUEST FOR PRODUCTION NO. 16**:

> Produce any expert reports or witness lists that PLAINTIFF
> intends to rely on to authenticate the Original Creditor's
> business records under Cal. Evid. Code §§ 1271, 1400, and
> 1561.

### E. Statute of limitations

**REQUEST FOR PRODUCTION NO. 17**:

> Produce all documents that PLAINTIFF contends evidence a
> written acknowledgment of the ACCOUNT or a partial payment
> on the ACCOUNT by Defendant within the four (4) years
> preceding the filing of this action, on which PLAINTIFF
> relies to argue that the statute of limitations under
> CCP § 337 has not run.

### F. Collection conduct (for counterclaims)

**REQUEST FOR PRODUCTION NO. 18**:

> Produce all records of PLAINTIFF's telephone calls,
> voicemails, emails, and text messages to Defendant
> regarding the ACCOUNT, including dates, times, content,
> and recordings, to enable analysis of compliance with
> 12 CFR § 1006.14(b) (7-in-7 call-frequency limit) and
> Cal. Civ. Code, § 1788.11.

**REQUEST FOR PRODUCTION NO. 19**:

> Produce all of PLAINTIFF's policies, training materials,
> and standard operating procedures regarding the collection
> of California consumer accounts, FDBPA compliance, CDCLA
> licensing, validation-notice requirements under 12 CFR
> § 1006.34, and Rosenthal Act compliance.

**REQUEST FOR PRODUCTION NO. 20**:

> Produce any internal audits, compliance reviews, or
> government or regulatory examination reports of PLAINTIFF's
> California collection activities within the past 3 years.

**REQUEST FOR PRODUCTION NO. 21**:

> Produce all documents evidencing PLAINTIFF's net worth
> as of the date of this Request, including balance sheets,
> tax returns (redacted for SSNs), and financial statements,
> for purposes of evaluating statutory and punitive damages.

## Strategic deployment

### Phase 1: First wave (Requests 1–9)

The core FDBPA and chain-of-title requests. Serve early.
These force plaintiff to produce the foundational documents —
or admit they don't have them.

**The most important requests**: No. 1 (cardholder agreement),
No. 3 (bills of sale), No. 4 (assignment schedules), No. 7
(charge-off itemization), No. 8 (pre-suit notice).

### Phase 2: Authentication and licensing (Requests 10–16)

Once Phase 1 responses are received, follow up with requests
targeting the gaps and the authentication paper. Request
No. 13 (DFPI license) is potentially dispositive.

### Phase 3: Counterclaims development (Requests 17–21)

Once defenses are established, develop counterclaim
discovery — collection conduct, policies, net worth.

## Common plaintiff responses and counter-moves

| Response | Counter-move |
|----------|--------------|
| "Not in possession, custody, or control" | CCP § 2031.230 — if documents exist but are not in possession, plaintiff must state so; CCP § 2031.240 — plaintiff must describe responsive documents it will not produce |
| Redacted assignment schedule | Move to compel unredacted under CCP § 2031.310; the redaction here is overbroad |
| "Burden" (without specifics) | Demand specific quantification of burden; CCP § 2031.060(b)(1) requires the court to consider proportionality |
| "Privilege" without log | Demand a privilege log (CCP § 2031.240(b)) |
| "Not relevant" | Link to specific element of defense or counterclaim |
| "Vague and ambiguous" | Re-define; renew |
| "Trade secret" | Propose protective order under CCP § 2031.060(c) |
| No response by 30-day deadline | Motion to compel further responses; CCP § 2031.310 |

## After receiving responses — next steps

After receiving plaintiff's responses, run `ca-fact-check`
against:

- The dates and amounts in plaintiff's records vs. the
  Complaint allegations
- The Bills of Sale and Assignment Schedules vs. plaintiff's
  alleged chain of title in the Complaint
- The DFPI license status vs. the date of filing suit
  (for CDCLA analysis)
- The validation notice vs. 12 CFR § 1006.34 requirements

## Cross-references

- `ca-consumer-debt` SKILL — main bundle
- `ca-discovery` SKILL — discovery framework
- `references/chain-of-title.md` — doctrinal foundation
- `references/evidence-debt-buyer.md` — Cal. Evid. Code § 1271
- `references/meet-and-confer-debt-buyer.md` — M&C correspondence
- `references/rfa-debt-buyer.md` — companion RFAs