Iterrogatories to utilize when dealing with an OC (Or JDB)

[antiquedave]

COMES NOW, Defendant in the above styled action, and serves these Interrogatories.
DEFINITIONS
1. "Plaintiff", or "you" or "your" or "yours" shall refer to and include Plaintiff, as well as agents, servants, employees, associates, investigators, attorneys, representatives, shareholders, directors, officers and all others who may have obtained information for or on behalf of those named above.

2. "Identify" or "state the identity of":

2.1. When used in reference to a natural person means: that person's full name, present or last known business and residence address, present or last known business and residence telephone number, present or last known occupation, employer, and position and that person's occupation or position during the time relevant to the particular interrogatory.

2.2. When used in reference to an entity means: its full and complete name, its type of entity (i.e., corporation, partnership, unincorporated association, trade name, etc.), the location of its principal place of business, its mailing address, and its telephone number.


2.3. When used in reference to a document means: a description of the type of document, the identity of the person or persons who authored, prepared, signed, and received the document, the date, title, and general description of the subject matter of the document, present location or custodian of the original and each copy of the document, the identity of any persons who can identify the document, and if a privilege is claimed, the specific basis for such claim, in addition to the information set forth above.


3. The word "document" is used herein in its broader sense to mean every book, document or other tangible thing, including without limitation the following items, whether printed, typed, recorded, photographed, filmed or reproduced by any process, namely: agreements, communications, letters, memoranda, magnetic tapes, computer readable material, business records, notes, reports, photographs, and/or summaries of investigations, drawings, corporate records, desk calendars, appointment books, and any other information containing papers, writings or physical things.

4. The word "describe", used in connection with any act, occurrence, or physical facts, shall include but not be limited to the following: the identity of every person known to have been involved in or to have witnessed the act or occurrence, the date or dates of any such act or occurrence, and a description of any documents, records, or things documenting or involved in such act, occurrence, or fact.

5. The word “Incident” shall mean the facts and circumstances set forth in the Complaint giving rise to this action.


INTERROGATORIES
These interrogatories are served upon you pursuant to MCR 2.302. You are required to answer the following interrogatories separately and fully in writing under oath, within the 28 DAYS permitted by the provisions of the Michigan Civil Rules and to serve copies of your responses upon counsel for all parties.

These interrogatories are continuing and if at any time after you have answered these interrogatories, new or additional information responsive to any of these interrogatories comes to your attention, you are required to furnish such new or additional information to this propounding party and serve upon all counsel for all parties supplemental answers to these interrogatories in accordance with the provisions of Michigan Civil Rules.

These interrogatories, and answers hereto, are to include and are to be based upon, information in the possession of or gathered by you, your agents, servants, representatives, investigators, attorneys, and all other persons who have investigated or gathered information at your request or on your behalf.

You are advised that the propounding party understands the attorney client privilege and the attorney work product privilege. The propounding party is not seeking information which is truly attorney client or attorney work product privileged. However, your response will be considered insufficient and a motion to compel will be filed if you respond generally that the information sought is attorney client or attorney work product privileged.

If in response to a particular interrogatory or request there is some information which is privileged and some information which is not privileged a general objection is not acceptable. The propounding party is seeking only non-privileged information and documents.

You are requested to respond to the following interrogatories:
Identify the individual executing the Verification of the responses to these interrogatories and identify all individuals who assisted in providing any information concerning or relating to your answers to these interrogatories.

Objections to all or any portion of an interrogatory shall be set forth with specificity sufficient to allow the party propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, all other information not within the scope of said objection shall be provided.

Interrogatory

Affiant Interrogatories


1. Please explain and define the term “Authorized Agent” Please identify the scope of the authority and responsibilities conveyed by this title?

2. Please identify your function as the person signing the documents, and identify the basis of your personal knowledge. Do you use any other titles in the course of signing documents? If yes please identify the titles and purpose of using multiple titles.

3. Please identify your employer of record as evidenced by the entity that issues your paycheck. Please explain who has authorized you to make the affidavit and who has requested the affidavit that was provided and the dates of those requests.

4. Do you personally enter information into the fields in the software to generate the affidavit or do you simply pick up the pre printed affidavits to sign. Please explain the process in detail.

5. How many affidavits do you prepare and sign in a normal workday? How many Affidavits did you sign on Month Date Year

6. Do you have authorized access to original documents within Bangster Bank USA? Identify the person(s) who conferred that authorization upon you.

7. Did you as the Affiant physically retrieve the records which you have provided as evidence? Please explain how you access documents used in verification and preparation of the affidavit.

8. For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.

9. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered.

10. For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document.

11. Please identify what documents were provided directly by you in addition to the affidavit and the dates those documents were provided. Did you attach the aforementioned documents to the affidavit?

12. Please identify how the affiant came to know the facts included in the affidavit, how the affiant knows the documents attached to the affidavit are authentic and/or admissible under the business records rule.

13. Please explain the process and procedure to access the records used to verify the accounts you provide affidavits for. Where are these documents kept in relation to the location of your office? Are files brought to you or do you have to retrieve them yourself?

14. How often have you discovered errors while reviewing records and do you correct errors when discovered? If you do not correct them please identify the process for the correction of errors.

[antiquedave]

15. Have you been disciplined in the workplace for deficiencies related to carrying out the duties of your job signing affidavits or charged, or convicted of perjury? What training is provided to you in order to be a designated affiant?

16. Is you work governed by internal rules or procedures? Please explain in detail the rules/procedures required to carry out your duties as a signor of affidavits.

17. Please identify the percentage of your time in a normal work week that you are signing affidavits. Please explain the training you received to carry out the duties of your job and provide the job description.

18. Are you required to be licensed? Please identify the nature of the license? Please identify the overseeing authority or supervisor.

19. In the course of preparing the affidavit what records were reviewed? Please identify what documents constitute the "record" or "records"? Please identify where these documents were obtained, or who/what is the source of these documents?
Where were the documents actually reviewed at the time that they were allegedly reviewed or was information simply entered into fields on a computer screen?

20. Please identify the average time expended in reviewing a single file and preparing the affidavit.

21. Where are the documents now that you personally reviewd? In what form were these documents kept? (Digital, print, electronic, etc) What documents were reviewed or relied on prior to signing the affidavit? Who else has access to these documents besides you? What safeguards are in place to prevent tampering or unauthorized access to the records.

22. Does Bankster Na give you original documents to maintain or do you retain copies of the original? Please identify who is responsible for making the copies available?
For each agreement, amendment to an agreement, or notice of change to the
terms of the account you contend was offered to and accepted by the defendant, please produce every document that evidences such offer or acceptance.

23. For each document listed below that was delivered to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal
Service or other courier, the location to which it was addressed and whether the document was returned undelivered:

a. The original account agreement for the account.
b. Any amendment to the agreement for the account.
c. Any notice of a change in any term of the account,
including but not limited to a change in the rate of interest
or amount of any fee applicable to the account.
d. Any schedule of interest rates or fees applicable to the
account.
e. Any credit card issued in connection with the account.
f. Any statement of payments, charges, fees or interest for
the account.

24. For each document you have produced that you contend applies to the account and that does not contain some piece of the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, please produce every document containing information from which it may be determined whether the document applies to the account.

25. Please identify how long are the records kept? Please identify When was the account opened? Please identify What address was the account/card sent to?
Please identify On what date was the card/account accepted? Please identify When was the card activated?

26. Please identify whether or not there are other signers or authorized users on the account Please identify the date the account went into default. Please identify the dates and amounts of payments made on this account and the account that the payments were made from.

27. Please identify the date of charge off? Please identify the date of first major delinquency? Please identify who is the card issuer? Please identify the dates that the receivables were sold to, and the compensation received in the sale for the sale of the receivables subject to this action.

28. What does the choice of law provision say with regard to disputes on the alleged account? Which state governs Michigan or Virginia?

29. Please identify the process of notarizing the affidavits, do you physically take the affidavits to the notary and wait while they are signed?

[inthesticks]

This is awesome. I'm bookmarking this in case Cap One rerears it's ugly head. There are some GREAT ideas in there to use.

[jackson212]

you just did people in michigan a big favor.
although other states can use this too.
personally, i try to separate each question or create subsections. but that's just my style.

nice!
thanks.

[antiquedave]

They filed a motion for protection from discovery and did not want to answer the interrogatory so then I would take the standing that they cannot on one hand deny my discovery and access to the affiant and expect to have the affidavit entered into evidence without challenge.

[debtfighter]

Nice work antiquedave! I believe there is also a strong point that may aid you or others, in that, request the credit card application and, if done on the internet, the digital signature of the application as welll as any transaction that occurred toward the account that may also have a digital signature.

It is federal law that a credit card cannot be issued without a credit application.

[Noway]

and if you want to scrutinize their affidavits, see the following cases for similarity to yours:

FALSE AFFIDAVIT CASES (1) Todd v. Weltman, Weinberg & Reis Co., L.P.A., 434 F.3d 432 (6th Cir. 2006); (2) Delawder v. Platinum Financial, 443 F. Supp. 2d 942 (S.D.Ohio March 1,2005); (3) Griffith v. Javitch, Block & Rathbone, LLP, 1:04cv238 (S.D.Ohio, July 8, 2004); (4) Gionis v. Javitch, Block & Rathbone, 405 F. Supp. 2d 856 (S.D.Ohio. 2005);

(5) Blevins v. Hudson & Keyse, Inc., 395 F. Supp. 2d 655 (S.D.Ohio 2004), later opinion, 395 F.Supp.2d 662 (S.D.Ohio 2004); (6)Stolicker v. Muller, Muller, Richmond, Harms, Meyers & Sgroi, P.C., 1:04cv733 (W.D.Mich., Sept. 8,2005

[usctrojanalum]

Wow, Dave - this is amazing. These are excellent questions to ask. This does not just apply to Michigan, everyone. If your State allows for interogs, you can use these questions. Thank you for putting this together, it is greatly appreciated.

[Hal Jordan]

Sticky please..

[antiquedave]

Originally Posted by usctrojanalum

Wow, Dave - this is amazing. These are excellent questions to ask. This does not just apply to Michigan, everyone. If your State allows for interogs, you can use these questions. Thank you for putting this together, it is greatly appreciated.

Glad you like them, its a combination of a half a dozen examples I found this winter along with questions I found here and there through out the forums, responses from some of the good people here and also others that I had come up with. Everytime I found a question I liked I wrote it down and when I had to submit the interrogatory I put them all together.

I hope people add to it and we can improve upon it

[antiquedave]

REQUEST FOR ADMISSIONS BANKSTER ONE
Pursuant to MCR 2.401 (B) (2) Leave to pursue discovery in the above captioned complaint was approved by
Responses are required to be delivered within 28 days of receipt of this notice

The term “Bankster One” refers to the plaintiff and ANY of the assumed names or corporate shells that participate in the process of lending, securitization or servicing the alleged accounts. When responding please identify the correct entity by name.

1) Admit: Bankster One sells receivables from credit card accounts to a holding Company named Bankster One Funding LLC

If denied please identify correct company that sells and purchases

2) Admit: That these receivables are sold with all rights and risks.

If denied please identify terms

3) Admit: That the alleged debt attributed to defendant was securitized by LLC and sold to investors.

If denied please explain process of selling receivables to investors

4) Admit: That Bankster One intentionally ignores disputes regarding defaulted or delinquent accounts

If denied please identify process of addressing disputes.

5) Admit: That Bankster One directs its 3rd party collection agents to ignore validation requests.

If denied please explain process of addressing validation requests

6) Admit: That Validation requests are ignored for the purpose of keeping the debt in default.

If denied please explain the purpose of ignoring Defendant’s Validation requests.

7) Admit: That the purpose of keeping the debt in default is an attempt to defraud the defendant by adding usurious interest, penalties, and legal fees to reap unjust enrichment.

If denied please explain why 3rd party collection agents ignored defendant’s validation requests

8) Admit: That Bankster One directs its agents to ignore validation requests for the purpose of shepherding accounts into litigation in an abuse of the judicial system.

9) Admit: That the process of Securitization of credit card debt is illegal

If denied please explain why this process is legal with citations

10) Admit: That Bankster One uses securitization of credit card receivables to illegally evade corporate taxes by artificially reducing its profits.

If denied please explain the purpose Bankster One uses securitization for.

11) Admit: That Bankster One has been paid in full by investors for the alleged credit card debt/ receivables included in this suit.

If denied please identify any residuals given or received and policy/process that allows Bankster to sell receivables.

12) Admit: That Bankster One does not have standing to initiate a lawsuit to collect the alleged debt.

If denied please explain and include any agreement with investors or shell corporations that permits Bankster One to seek a legal remedy to collection of the alleged debt.

13) Admit: That Bankster One and its Attorney knowingly submitted a false complaint when it identified Bankster One as the Plaintiff in a suit to collect debt that it no longer owns the rights to.

If denied attach proof of ownership of the debt or entitlement to collect.

14) Admit: That Bankster One is not an injured party in this lawsuit.

If denied please explain the amount of the loss sustained and how the Bankster was injured when the Bankster was previously paid in full for the alleged account.

15) Admit that Bankster One has sought and received unjust enrichment by retaining funds paid in settlements and judgments for receivables/debt it does not own.

If denied please identify Who receives the funds from judgments and the process by which the owner of receivables collected in lawsuits initiated by Bankster One are paid.

16) Admit: Bankster One is the employer of the affiant who submitted the affidavit in this matter

If denied please explain why this individual has signed an affidavit submitted to defendant regarding the alleged debt

17) Admit That the affiant
is employed by Bankster One to verify that account data is accurate prior to initiating an lawsuit.

If denied please explain their role and the process and their employer identified by the entity that issues the affiants paycheck.

18) Admit: That the affiant does not verify any account information but rather simply enters unverified raw data from a computer screen into a boiler plate affidavit without further review.

If denied please explain the process in detail and methods of review for each account that the affiant signs.

19) Admit: That the number of affidavits required to be completed the affiant during a normal workday preclude any actual review of account data.

Please include the average number of affidavits completed in a normal workday.

20) Admit: That the affiant in order to meet work quotas must perjure themselves in each completed document signed by them as they cannot physically do what they swear they have done in reviewing accounts.

21) Admit: That Bankster One’s litigation support division employees routinely forge the name on affidavits and documents for others.

If denied please explain process

22) Admit: that the notary (NAME) is employed by Bankster One to notarize documents and affidavits.

If denied please explain and identify employer.

23) Admit: That the notary in order to meet work quotas must violate rules regulating notaries specifically that affiants must be in their presence while the documents are notarized.

If denied please explain the process.

[uu2sing]

This post targets the affidavit integrity, correct? I plan to MTS their affidavit.

Like to get good questions for R and A. Would you have suggestions for Rogs and Admission discovery to Plaintiff (JDB)?

Working to get this in today. Have a hit a wall trying to frame request for info from them?

Help Please. Thanks.

[BV80]

Moved

[uu2sing]

Originally Posted by BV80

Moved

Was this comment for me or OP?

[inthesticks]

OOOHHHHH I wish I had these in my case! These are EXACTLY what I was trying to get at in my discovery requests!

[BV80]

Originally Posted by uu2sing

Was this comment for me or OP?

It wasn't for anyone. It was a mistake on my part. OOPS!

[BV80]

Really good job, Antiquedave! You definitely put alot of time into those. They're going to be very helpful.

[fighting_back]

Thank you! Will be useful.

[antiquedave]

If I had to do it over again I would submit discovery production of documents, interrogatories, and Admissions with my answer to the summons and complaint. (Remember Discovery goes both ways)

I think it does a couple of things, one it tells them right up front that you are going to push back. There is a chance that they will deny your discovery request in writing. In Michigan you can submit the discovery request but if they do not agree to it then you have to have permission of the Court. If they have not submitted anything at all with the complaint and they deny your discovery it could be helpful to you if they try to pull a motion for summary judgment and/ or dump documents on you without warning at the last minute. I think its important to push forward with Discovery.

I did not get an affidavit of debt with the summons, if I had I would have submitted a counter affidavit, otherwise their affidavit of debt and a statement from the Original Creditor could give them prima facie evidence of an account stated and a Summary Judgment. If there is no issue of material fact you lose.

You can ask for discovery at the pre trial for free, if you submit a motion for discovery it is going to cost you a 20.00 filing fee. If it is determined that there are issues of material fact the Judge should set a trial date that is out maybe 4 months. (or more) Discovery will probably be set for 60 to 90 days to start with and the Discovery clock starts ticking at the time that the Court approves it.

Once you respond to the complaint and the pre-trial date is set, your initial discovery request, let’s say a production of documents can be submitted to the plaintiff, (I sent mine CMRR) and if they tell you to go and pound sand, that’s okay. You should have an option of sending them a notice of hearing re: discovery for the same date and time as the pre-trial hearing. I didn’t learn about the Notice of Hearing until later.

So you can ask at pre-trial for discovery, spend 20.00 and submit the motion for discovery, or maybe the plaintiff will send discovery on their own and you can agree (or disagree)

If they have not given you any documentation at all, with the complaint and they have denied your discovery you might take a look at your state civil rules to see if you can notice them for a hearing on a motion that you want the complaint dismissed at the same time. Submitting a motion to dismiss at the pre-trial hearing willy nilly is not a good idea imho you need to know where you stand and if its appropriate to make the motion.

If you screw up and submit motions that are frivolous or ill timed they can request sanctions and costs in addition to the 25% attorney fees you will get charged if you lose.
The Judge depending on your rules may be able to defer or deny the costs if you are insolvent but frivolous motions will cause the Court to not take you seriously.

Pro Se defendants have a bad reputation overall in large part because they disrespect the Court, and do not learn the rules, plus they make some God awful pleadings and motions that have no foundation in law. Its important, no its mandatory that you take the time to learn your State rules. Honest mistakes the Court may give you a break on if you are trying to do it right but they can’t help you nor can they show you favoritism.

If you send Discovery and it’s a JDB and they don’t have any docs at all they may have to rethink their approach. If they drop the suit regardless of whether it is with or without prejudice look closely; because initiating a lawsuit to just drop it when the defendant fights back can itself be an FDCPA violation or a potential suit. You could have an opportunity to go on the offensive. You have to look for a pattern of bringing and dropping suits when challenged. That can be hard to prove, but easy to make the suggestion to them that you are going to review their action in that light.

Also submitting a counter or cross claim in your pleading helps greatly, if you have a counter or cross complaint they won’t be able to just dismiss the complaint unless you sign off, (that gives you leverage) If there is no cross or counter complaint they can dismiss without prejudice and there is not much you can do about it. You get a break but they can use the time to prepare and come back at you later. If they dismiss consider it a gift of time to prepare and learn cause someone will probably come back at you later on.

Before the pre-trial date, I would prepare all of my discovery requests, A new production of documents, because by then you should have a better understanding of what to ask for, and the interrogatories for the plaintiff and the affiant if there is one, I would also do one for the notary and try to ferret out any deficiencies in the affidavit and the process that created it. An affidavit can have some accurate information such as name, account numbers, etc but still be false deceptive and misleading so you take the affidavit apart word by word if need be. The affidavit has the potential of being an FDCPA violation.

I am thinking that almost any affidavit can be challenged on those issues, especially if it’s a JDB. Challenging the affidavit as false and misleading could give you an issue of material fact.

If the affidavit is included in with the complaint and summons I would attack that in my pleading response if appropriate and if I felt it was false and misleading I’d either include that as a cross or counter claim or find a consumer attorney to start a separate suit against them. Having a separate suit can give you some leverage. I am really of the belief that too many people let the CA’s off the hook by not pursuing the FDCPA violations when they have them.

[antiquedave]

I want to discredit and reduce the affidavit’s value to zero. Sometimes they are still admitted to evidence but you can discred it it to the point where it has no weight and no value. Same with the statements and agreements. Really understand your rules of evidence and use your discovery to diminish the evidence’s weight and or get it tossed out or diminish its value.

If the plaintiff sends discovery requests with the complaint I actually now think that is to my benefit, they are saying we want discovery, although their intent is to shock and awe and get you to make mistakes in the answer so they can ask for a summary judgment at the pre-trial. Sending them discovery and agreeing to it at that point means I can go into the pre-trial and probably say to the Judge we have ongoing discovery (both parties have agreed) that is not complete and I think that helps avoid a MSJ motion by the plaintiff.

So you have all of the discovery requests ready to go at pre-trial, I’d walk out of the courtroom and send them that day, mail the copies to the opposing counsel CMMR. Their clock starts ticking for a response right away. That means you will probably get a response from them before your response is due for anything that they send out. That gives me a chance to see their answers and the format that they use first.

Don’t have any great expectations that you will get anything at all worthwhile in the first round of discovery requests. They will do all they can to stall you while at the same time trying to trick you into saying or doing something that will cause you to give them the high ground. They’ll ask questions like why did you stop paying on the account, or where did you live when you opened the account.

So expect them to fight and deny discovery while trying to stay within the rules. If they respond with a bucket of garbage and only send documents that help them prove you are at fault I would send a meet and confer letter outlining why their response is garbage (be professional) We don’t call them lies we call them affirmative misrepresentations.

List every question, request, interrogatory and document, why their response constitutes a failure to answer and why you are entitled to discover the information. BE PROFESSIONAL this is going to be a document that serves as an exhibit when you make a motion to compel discovery.

I would be surprised if you didn’t have to compel discovery and I think it’s important to plan for it right from the start. Your letter of deficiency to the plaintiff provides the baseline for the Statement of Items in Dispute that will be submitted with your Motion to Compel. Go to the website Resolving Discovery Disputes : California Discovery Referee & Mediator there is some excellent information there.

Try to anticipate their answers, work up your reasons for why you need the documents and answers you want, if you do that before you send the interrogatories you will write a better tighter request. Prepare the outline for your meet and confer, and points and authorities so that you can finalize it and send it all out within a day or two of getting their response back, force them to spend time to deal with you.

Don’t be surprised if they motion for protection from your discovery, you will just have to answer it and probably file your notice for a motion hearing to compel discovery, you can notice them for the motion to compel to happen the same day and time schedule as their motion for protection. Just answer their motion with a Defendant’s Response to Plaintiff’s Motion for Protection and take their request apart a piece at a time. Review your options for a sanctions request.

Discovery will probably take more time than first scheduled for. Pushing everything forward, it seems to be standard operating procedure, parry, thrust, parry. They will try and wear you down, and frustrate you, as soon as you decide you are in a hurry you will lose.

If you are not looking at this as a game (a serious one) and you get caught up in the emotion of it all you will make mistakes and lose. If they ask for more time, give it to them, but make sure the Court knows how generous you are being. Send the opposing counsel letters reminding them of the deadlines and stressing how important it is for you to receive their answers in a timely fashion, BE PROFESSIONAL.

If the Court grants them an extension of time be courteous to the Court, ask clarifying questions, if any. The additional time probably won’t help them, keep holding their feet to the fire and push forward to compelling discovery.

It seems to me that if I can get to that point, it’s a good place to open a discussion on a dismissal with prejudice and see where it goes. I didn’t get past the motion to compel discovery so I don’t have any other experience to share on that part of the process (yet)