# Requests for Production — Debt-Buyer Discovery Bank (Oregon)

A pre-built bank of Requests for Production targeting the
weak spots of a typical Oregon debt-buyer case: chain of
title, original-creditor records, plaintiff's own records,
and ORS 697 registration.

> **NOT LEGAL ADVICE.** Adapt to your specific case. ORCP 36 B
> proportionality applies — narrow as needed.

## Format

Use these as Defendant's First Requests for Production under
ORCP 43. Serve on plaintiff (or plaintiff's counsel) per ORCP
9 / UTCR 21.100.

Response is due **30 days** after service (45 if served with
the summons). Verify with `or-deadlines`.

## DEFINITIONS

```
For purposes of these Requests:

1.  "ACCOUNT" means the credit-card account number ending in
    [last 4 digits], allegedly opened in the name of
    Defendant John Doe with Bank of America, as referenced
    in Plaintiff's Complaint at paragraph [N].

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

3.  "ORIGINAL CREDITOR" means Bank of America, N.A., and
    any subsidiary or affiliate.

4.  "DOCUMENT" has the same meaning as in OEC 1001 and
    includes electronic records, communications,
    spreadsheets, account-management system entries, 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.
```

## REQUESTS

### Chain of title

**REQUEST FOR PRODUCTION NO. 1**:

> Produce the original Cardholder Agreement between Defendant
> John Doe and the Original Creditor (Bank of America)
> applicable to the ACCOUNT, including any signature pages,
> incorporated terms and conditions, electronic acceptance
> records, and 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.

**REQUEST FOR PRODUCTION NO. 3**:

> Produce all Bills of Sale evidencing the transfer of the
> ACCOUNT, including the Bill of Sale between the Original
> Creditor and any intermediate purchaser, and any
> subsequent Bills of Sale leading to PLAINTIFF.

**REQUEST FOR PRODUCTION NO. 4**:

> Produce all Assignment Schedules (or comparable inventories)
> identifying the ACCOUNT in connection with the transfers
> 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' rows as
> necessary, but the structure and integrity of the schedule
> must be visible.

**REQUEST FOR PRODUCTION NO. 5**:

> Produce all Bulk Sale Agreements (or master sale agreements)
> referenced in the Bills of Sale produced in response to
> Request No. 3.

**REQUEST FOR PRODUCTION NO. 6**:

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

### Plaintiff's records

**REQUEST FOR PRODUCTION NO. 7**:

> Produce all of PLAINTIFF's records of the ACCOUNT,
> including the account-management system entries,
> servicing notes, payment records, and any reports
> generated regarding the ACCOUNT.

**REQUEST FOR PRODUCTION NO. 8**:

> Produce all communications between PLAINTIFF and
> Defendant regarding the ACCOUNT, including letters, emails,
> phone-call recordings, text messages, and any document
> referencing communications.

**REQUEST FOR PRODUCTION NO. 9**:

> Produce the validation notice (or comparable initial
> communication notice) that PLAINTIFF sent to Defendant
> regarding the ACCOUNT, including the date of sending,
> method of delivery, and a copy of the notice.

### Original creditor records

**REQUEST FOR PRODUCTION NO. 10**:

> Produce all documents evidencing the policies, procedures,
> and regular practices of the Original Creditor in
> maintaining records of the ACCOUNT, including any
> declarations or certifications from the Original Creditor's
> custodian under OEC 902(11).

**REQUEST FOR PRODUCTION NO. 11**:

> Produce any expert reports or witness lists that PLAINTIFF
> intends to rely on to authenticate the Original Creditor's
> records under OEC 803(6) and OEC 901.

### ORS 697 registration

**REQUEST FOR PRODUCTION NO. 12**:

> Produce all documents evidencing PLAINTIFF's registration
> with the Oregon Department of Consumer and Business
> Services under ORS 697.015 for the period from [date
> ACCOUNT acquired] to the present.

**REQUEST FOR PRODUCTION NO. 13**:

> Produce all documents constituting communications between
> PLAINTIFF and the Oregon Department of Consumer and
> Business Services regarding PLAINTIFF's registration as a
> collection agency.

**REQUEST FOR PRODUCTION NO. 14**:

> Produce the surety bond required under ORS 697.041 for the
> period from [date acquired] to the present, including any
> changes in bond status.

### Validation and dispute

**REQUEST FOR PRODUCTION NO. 15**:

> Produce all documents evidencing PLAINTIFF's response to any
> dispute Defendant made of the ACCOUNT under 15 USC § 1692g
> or 12 CFR § 1006.38, including the verification PLAINTIFF
> provided and the date of verification.

### Collection conduct

**REQUEST FOR PRODUCTION NO. 16**:

> Produce all documents regarding PLAINTIFF's call records,
> mail records, and electronic communications with Defendant
> regarding the ACCOUNT, including dates, times, and content
> of communications, to enable analysis of compliance with
> 12 CFR § 1006.14 (call-frequency limits).

### Statute of limitations / "revival"

**REQUEST FOR PRODUCTION NO. 17**:

> Produce all documents that PLAINTIFF contends evidence a
> payment, written promise to pay, or written acknowledgment
> by Defendant regarding the ACCOUNT within the past 6
> years, on which PLAINTIFF relies to assert that the
> statute of limitations under ORS 12.080 has not run.

### Counterclaims / additional defenses

**REQUEST FOR PRODUCTION NO. 18**:

> Produce all PLAINTIFF policies, training materials, or
> standard operating procedures regarding the collection of
> Oregon consumer accounts, the validation of consumer
> debts under 12 CFR § 1006.34, and compliance with the
> Oregon Unlawful Trade Practices Act (ORS 646.605 et seq.).

**REQUEST FOR PRODUCTION NO. 19**:

> Produce any internal review or audit of PLAINTIFF's
> Oregon collection activities within the past 3 years.

**REQUEST FOR PRODUCTION NO. 20**:

> Produce all documents evidencing PLAINTIFF's net worth as
> of the date of this Request, for purposes of evaluating
> punitive-damages capacity under Oregon law.

## Strategic deployment

### Phase 1: First wave (Requests 1–7)

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

### Phase 2: Original-creditor and registration (Requests
8–14)

Once Phase 1 responses are in, follow up with requests
targeting the gaps. The ORS 697 registration request (No. 12)
is dispositive if plaintiff is unregistered.

### Phase 3: Counterclaims development (Requests 15–20)

Once defenses are established, develop counterclaim discovery.
Net-worth request (No. 20) is for punitive-damages
prosecution.

## Common plaintiff responses and counter-moves

| Response | Counter-move |
|----------|--------------|
| "Not in possession" | ORCP 36 B(1) "control" includes legal right to obtain |
| Redacted assignment schedule | Move to compel unredacted under ORCP 46 A |
| "Privilege" without log | Demand privilege log; bare assertion insufficient |
| "Burden" | Demand quantification; if not quantified, motion to compel |
| "Not relevant" | Specifically tie to claim or defense |
| "Vague" | Define terms; renew |
| "Trade secret" | Propose protective order under ORCP 36 C |
| No response by deadline | Motion to compel; ORCP 46 A fee-shifting |

## Verifying the case file with the responses

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

- The dates and amounts in plaintiff's records vs. plaintiff's
  Complaint allegations
- The Bills of Sale and Assignment Schedules vs. plaintiff's
  alleged chain of title in the Complaint
- The registration history vs. the date of filing suit (for
  ORS 697.105 analysis)

## Cross-references

- `or-consumer-debt` SKILL — main bundle
- `or-discovery` SKILL — discovery framework
- `references/chain-of-title.md` — doctrinal foundation
- `references/evidence-debt-buyer.md` — OEC 803(6) / 902(11)
  foundation
- `references/meet-and-confer-debt-buyer.md` — meet-and-
  confer correspondence
- `or-discovery/references/objection-responses.md` —
  evaluating plaintiff's objections