This is all done through Discovery. So, once you file your answer and have denied all of the counts against you, you can then start Discovery. You would request documents from the attorney during this Discovery process.

If you have already sent out Discovery and the plaintiff or law firm has not responded in the time allowed, you need to send them a letter by certified mail telling them that they have not complied with the time frame given by the court and you are, in good faith, requesting that they do so in a certain amount of time. Give them a date to get Discovery back to you.

If they still do not return your Discovery, you can file a Motion To Compel with your court. You would also copy the certified mail receipt showing the court that, in good faith, you asked them to comply and they failed to do so. The courts always want the plaintiff and defendant to try and co-operate with one another and resolve this before one side has to file the Motion to Compel.

However, if you are ignored after requesting such documents, it is your right to Motion the Court to help you. That is your Motion to Compel Documents where you would state to the court that on this date you mailed out the Request for Documents. On this date the time lapsed and on this date you requested that the plaintiff comply, in good faith, but by this date and they had not done so. Show the court you have proof by attaching the letter you sent to the collection agency along with the certified mail receipt.

The court should then order the plaintiff to produce the documents by a specific date.