combingwyoming

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About combingwyoming

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  1. @BTO429 What are the differences between the motions you recommended, which one do you recommend I file first and how do I file it? I want to hit them hard and fast! I'm sick of being reactive and would like to stick it to them proactively. In the American bar association rule 3.4 that you referenced, were their any responses that the plaintiffs used that obviously violates those rules? I'm not seeing any clear violations. Thank you so much for your amazing help! CombingWyoming
  2. Thank you @racecar very much. What should I do moving forward? Should I try to compel them to answer each of my discovery questions? How do I now express to the judge that they have nothing? How do I put them on the defensive and force them to walk away with their tail between their legs?
  3. Hello again friends! I recently received the plaintiffs response to my interrogatories, RFP and RFA (below). I am being sued by a JDB for approximately 10k. I have several questions: 1) what do I need to file to force the plaintiff to answer my discovery? 2) after reading their responses below, how do you suggest I force them to answer my discovery? 3) the plaintiff originally sent me an affidavit to prove I owed debt to an Original creditor with an exhibit A that included a excel type print-out of the name of the OC, the principal, interest and total amount owed. Later they amended that affidavit and sent a new one with a different original creditor and an amended exhibit A with a new OC and the same principal, interest and total. In the bill of sale from the last JDB who sold the debt to the plaintiff dated in 2012, it mentions an exhibit A. Is it possible that its the same exhibit A and that's where they went wrong? How could I prove that? How do I bring it to the attention of the court? Thank you very much for your tireless and generous support and please let me know if you have any questions. Thank you! Plaintiffs response to defendants interrogatories, requests for production of documents, and requests for admissions Comes now plaintiffs, XXXXX, Inc., by and through its counsel of record, and pursuant to WRCPCC 8 and 31, WRCP 36 and the courts oral case management conference ruling, hereby responds to defendants interrogatories, requests for production of documents, and requests for admissions as follows: Plaintiffs preliminary statement and general objections 1) Plaintiff objects to defendants discovery requests to the extent that it seeks to impose obligations on plaintiff beyond those required by and under either the courts order or the Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court. 2) Plaintiff further objects to defendants discovery request to the extent that it seeks information and documents that are equally available to defendant, not in plaintiffs possession, custody or control. 3) Plaintiff also objects to defendants discovery request to the extent that they seek information which is confidential or proprietary in nature, or the information or documentation requested is subject to privilege, either the attorney-client privilege and/or that constitute trial preparation for other work product, and/or what is sought is not otherwise discoverable under the applicable Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court. 4) Plaintiff also objects to any discovery request that can be interpreted as requiring plaintiff to identify or produce documents that are in the possession, custody or control of others and have not been made available to or are otherwise not in the possession of plaintiff or are equally accessible to defendant. 5) Plaintiff objects to defendants discovery request to the extent that it is irrelevant and beyond the scope of the subject matter involved in this action and is not calculated to lead to admissible and/or information which is relevant to this action. 6) A partial response by plaintiff to any discovery request as set forth below is not deemed to be a waiver by plaintiff or plaintiff’s objections thereto (if any) or to the right of plaintiff to object to additional, supplemental or further discovery requests or parts thereof. 7) plaintiff will respond to defendant’s discovery pursuant to the applicable provisions of the controlling procedural rules and, therefore, objects to any definition or instruction inconsistent with those rules. 8) All responses by plaintiff to defendant's discovery represent the information acquired to date and within the possession, custody and/or control of the plaintiff. Plaintiff reserves the right to amend, supplement or change in any way plaintiffs responses should information be acquired through further investigation and or discovery that would so warrant an amendment, supplementation or change. By this reference, plaintiff specifically incorporates the preliminary statement and general objections into each of the individual responses below as if set forth in its entirety. Subject to and without waiving the foregoing preliminary statement and general objections, plaintiff responds as follows: Response to defendant's pattern interrogatories 1) If the plaintiff or its representative and the defendant have had any oral communication concerning the subject matter of this lawsuit state a) the date of the communication the name and address of each participant c) the name and address of each person present at the time of such communication d) where such communication took place and e) a summary of what was said by each party participating in the communication. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff or its representatives have not had any oral communication directly with the defendant regarding the subject matter lawsuit and further states they have never orally spoken with the defendant. 2) Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments for credits, if any, and the net amount due. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: Plaintiff objects to interrogatory number two because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff further objects to interrogatory number two to the extent that it calls for information and is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to the defendant. Plaintiff likewise objects to interrogatory number two the extent that it is unduly burdensome and requires plaintiffs to inappropriately finance the defendant’s litigation of the present action. However 7% interest pursuant to WRCP 40 – 14 – 106(e) has been accruing since XXXX to present and the interest amount is now $xxxxx as of xxxxx. No payments have been made to plaintiff. Principle is $xxxxx total with interest to date for a total of $xxxxx and court cost of $xxxxx. 3) If the account was assigned by the original creditor, set forth the date and description sufficient to identify each record which reflects or memorializes each assignment beginning with the original creditor and ending with the plaintiff. [Note that defendant anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts without withholding any information.] Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff already supplied all assignments and bills of sale. Please see plaintiffs Exhibit 1, 4, and 6 disclosed on or about Xxxx, 2013 submitted with plaintiffs disclosures. Plaintiff also supplied the schedule of accounts. Please see plaintiffs Exhibit 5 disclosed with plaintiffs disclosure on or about xxxxx, 2013, which was submitted with other debtors information redacted for privacy. Plaintiff objects to not withhold other debtors information because it is irrelevant to this case and beyond the scope of this litigation and contains private information including Social Security numbers, etc. There are no forward flow agreements, and there is a confidentiality clause in the account purchase and sale agreement, thus disclosing the account purchaser agreement would violate the confidentiality clause within such document. Therefore, plaintiff objects to defendants request and also objects to the extent that defendant seeks information that is beyond the scope of the present litigation and is therefore not reasonably calculated to lead to the discovery of admissible evidence. 4) With respect to each assignment of the account, identify the name of each Natural person who has personal knowledge as to whether the account was described or identified in the assignment. Plaintiffs response: plaintiff objects to interrogatory number four on the grounds that it is vague and overly burdensome. Subject to and without waiving the foregoing objections, plaintiff answers as follows: Mr. XXXXX XXXXX, Senior VP of retail loss prevention of XXXXX identified the accounts at hand on a tape "the assets" as set forth in plaintiffs exhibit 4 "bill of sale" Disclosed with plaintiffs disclosures on or about xxxxx, 2013 and identified as lot number 1208 which included 1,142 accounts. Mr. XXXXX XXXXX, president of XXXXX, LLC describes the account at hand in Exhibit 5 on the asset schedule referred to as exhibit A in his bill of sale. Mr. XXXXX XXXXX VP of operations at XXXXX XXXXX , Inc., and president of XXXXX XXXXX, LLC also has personal knowledge of this account based on the asset schedule referred to as exhibit A provided to defendant as plaintiffs Exhibit 5 disclosed with plaintiffs disclosures on or about xxxx, 2013, listing the account at hand. There maybe others with personal knowledge of such accounts, but these individuals are presently unknown to plaintiffs. 5) Identify and attach a copy of each request you sent to both the original creditor and subsequent assignees of the accounts for a record or information about the account. Plaintiffs response: plaintiff objects to interrogatory number five to the extent that it is not a proper question for an interrogatory. It requests a document. However, all information requested as specified herein (namely: itemized statements and any other documents or affidavits related to such account including any application process) will be supplied to defendants when received. 6) Attach a complete copy of the response you received for each request identified in your response to interrogatory number five. Plaintiffs response: plaintiff objects to interrogatory number five to the extent that it is Not a proper question for an interrogatory. It requests a document. However, all information requested will be supplied when received. 7) What is the date of the accounts last billing statement? Plaintiffs response: plaintiff objects to interrogatory number seven on grounds that it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff further objects to interrogatory number seven to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. 8) State the name and title of each natural person known to you or to your attorneys who has personal knowledge that each business record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person. Plaintiffs response plaintiff objects to interrogatory number eight on grounds that it is vague and overly burdensome. Plaintiff further objects to interrogatory number eight on the grounds that this calls for disclosure of attorney work product and attorney-client protected communications, and such information is privileged and not discoverable. In addition, plaintiff objects to interrogatory number eight to the extent that it seeks information that is beyond the scope of the present litigation and is therefore not reasonably calculated to lead to the discovery of admissible evidence. Subject to and without waiving the foregoing objections plaintiff answers as follows: Mr. XXXXX XXXXX VP of operations, XXXXX, Inc., has personal knowledge that each business record was made at or near the time of service because it's standard and customary practice that business records and entries are made at or near the time of act and all personnel for plaintiff are trained on this procedure. 9) State the number (or if unknown a reasonable estimate of the number) of affidavits, declarations and certifications made by each affiant on the same date as the affiants sworn statement. Plaintiffs response: plaintiff objects to interrogatory number nine on grounds that it is vague and unintelligible, and plaintiff does not understand the question as asked. Further, plaintiff does not know who the defendant is referring to when she states "affiants" and or what defendant is referring to when she estates "sworn statement". Neither of these items were defined by defendant. 10) Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. 1637(a) (1) through (8) (to the extent applicable) was disclosed to defendant before the account was opened. Plaintiffs response: plaintiff objects to interrogatory number 10 on grounds that it is irrelevant and not reasonably calculated to lead to relevant discoverable information. Plaintiff further objects to interrogatory number 10 to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. Plaintiff also objects because this is an improper interrogatory question requesting actual documents. Subject to and without waiving the foregoing objections plaintiff answers as follows: plaintiff supplied plaintiffs Exhibit 3 disclosed with plaintiffs disclosures on or about xxxxx, 2013 which reflects all of the information requested. 11) What is the full name, job title and work address of the natural person who certified answers to these interrogatories on your behalf? Plaintiffs response: See below signature of Mr. XXXXX XXXXX, Pres. of XXXXX, LLC, and VP of operations, XXXXX, Inc., XXXXX XXXXX XXXXX, XXXXX. Response to defendants request for production 1) The original signed application establishing the account. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff does not have such document. If there is a signed application, plaintiff is in the process of retrieving it. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. 2) Charge slips bearing defendants signature which establish use of the account. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff does not have any charge slips bearing defendants signature. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. 3) The original written agreement in which defendant assented to the terms of the account. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff does not have the original written agreement which defendant assented to the terms of the account. Plaintiff already submitted the terms and conditions of XXXXX card member agreement as set forth in plaintiffs Exhibit 3 disclosed with plaintiffs disclosures on or about xxxxx, 2013 that all cardholders receive. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. 4) The complete history of the account from day one, establishing the legitimacy of the balance sought including a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any hand written records and documents. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: to date, plaintiff has already supplied any and all written documents regarding the balance and requested information from the original creditor and have zero handwritten records regarding this account on the grounds that this calls for disclosure of attorney work product and attorney-client protected communications, and such information is privileged and not discoverable. Plaintiff has requested one year of itemized statements and will supply these as soon as such information is received. 5) Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: see plaintiffs exhibit A asset schedule which was already disclosed with plaintiffs disclosures on or about xxxxx, 2013, and noted as plaintiffs Exhibit 5. Plaintiff has requested one year of itemized statements and any other documents related to this account and will supply these as soon as such information is received. 6) Any documents produced by plaintiff in the normal course of business which states and defines the exact statutes the "choice of law” provision seeks to enforce. Plaintiffs response: plaintiff objects to this request on grounds that it is vague, unclear, and unintelligible, plaintiff does not understand the request as asked. Further, plaintiff does not know what the defendant is referring to when she states "choice of law". 7) Proof of mailing from original creditor to defendant of monthly statements. Plaintiffs response: subject to and without waiving the foregoing objections, plaintiff answers as follows: plaintiff has requested one year of itemized statements and will supply these as soon as such information is received. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. 8) Any documents evidencing that defendants retained monthly statements for an unreasonable amount of time. Plaintiffs response: plaintiff objects to this request as it calls for information that is not within the possession, control or custody of the plaintiff. Further, defendant is the only one that would have knowledge of whether she held onto monthly credit card statements she received for an unreasonable amount of time. Plaintiff further objects to the extent that it calls for information that is not within the possession, custody or control of the plaintiff and is therefore equally, if not more, readily available to defendant. 9) Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time". Plaintiffs response: plaintiff objects to this request on the grounds that it is so vague, ambiguous and unintelligible that plaintiff is unaware of what the defendant is requiring or referring to regarding "unreasonable amount of time within course of business". 10) Documents establishing the chain of custody of the account, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder. Plaintiffs response: plaintiff supplied the assignments showing the chain of custody in exhibits 1, 2, 4, and 5 as disclosed with plaintiffs disclosures on or about xxxxx, 2013, and plaintiff also disclosed the account number and name of account holders information in plaintiffs Exhibit 5. 11) All correspondence between plaintiff and the defendant or its representatives, and attach copies. Plaintiffs response: plaintiff objects to this question since any and all correspondence would be in the defendants possession. Plaintiff maintains business records but not actual copies. The initial communication was sent by plaintiffs attorney on or around xxxxxx, 2012. Defendant already has the summons and complaint and any and all documents sent relating to this case. Plaintiff objects to this request because it calls for information that is not within the possession, custody, or control of the plaintiff and is all information that defendant would have received. Plaintiff maintains business records but does not retain actual copies of the communications sent which included an initial communication from plaintiff sent to defendant on xxxxx, 2012 and an attorney letter sent to defendants physical address on file XXXXX XXXXX XXXXX, Wyoming on or around November xxxxx, 2012. Such letter was mail returned and therefore on or around xxxxx, 2012, another attorney letter was sent to defendants PO Box XXXXX in XXXXX, Wyoming. All other communications occurred in xxxxx, 2013 wherein defendant was served a summons and complaint and all other subsequent pleadings filed arising out of case number XXXXX were also mailed to the defendant. 12) All materials intended to be used at trial that have not already been produced. Plaintiffs response: all documents have already been supplied to defendant and any and all documents requested as specified herein will be provided as soon as plaintiff receives them. Response to defendants admission requests 1) Plaintiff has no personal knowledge as to the mailing by the original creditor to defendant of any written agreement governing the accounts. Plaintiffs response: plaintiff objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "personal knowledge". Plaintiff further objects to this request because it calls for information that is not within the possession, control or custody of the plaintiff and is therefore equally, if not more, readily available to defendant because the plaintiff is without sufficient information to admit or deny. After a reasonable inquiry, plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement as it pertains to actions and conduct undertaken by the defendants and a third-party, neither of which the plaintiff exercises any control over, and accordingly plaintiff denies the same. Plaintiff further states that it is currently engaged in it's own discovery and may obtain information from the defendant through the course of discovery that may allow plaintiffs to supplement this response at a later date. 2) Plaintiff has no personal knowledge as to the mailing by the original creditor to defendant of any billing statement for the account. Plaintiffs response: plaintiff objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "personal knowledge". Plaintiff further objects to this request because it calls for information that is not within the possession, control or custody of the plaintiff and is therefore equally, if not more, readily available to defendant because the plaintiff is without sufficient information to admit or deny. After a reasonable inquiry, plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement as it pertains to actions and conduct undertaken by the defendant and a third-party, neither of which the plaintiff exercises any control over, and accordingly plaintiff denies the same. Plaintiff further states that it is currently engaged in its own discovery and may obtain information from the defendant through the course of discovery that may allow plaintiff to supplement this response at a later date. However, plaintiff states that they have requested one year’s worth of itemized statements showing mailings to defendants. 3) Plaintiff has no personal knowledge as to why the original creditor entered any transaction, debit, credit or charge on any billing statement for the account. Plaintiffs response: plaintiff objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "personal knowledge". Plaintiff further objects to this request because it calls for information that is not within the possession, control or custody of the plaintiff and is therefore equally, if not more, readily available to defendant because the plaintiff is without sufficient information to admit or deny. After a reasonable inquiry, plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement as it pertains to actions and conduct undertaken by the defendant and a third-party, neither of which the plaintiff exercises any control over, and accordingly plaintiff denies the same. Plaintiff further states that it is currently engaged in its own discovery may obtain information from the defendant through the course of discovery that may allow plaintiff to supplement this response at a later date. 4) Neither plaintiff nor its attorneys possess an affidavit, certificate or other document executed by or on behalf of the original creditor which purports to authenticate the genuineness of any documents related to the account. Plaintiffs response: deny. See the bill of sale listed as plaintiffs Exhibit 4. 5) Plaintiffs right to acquire documents from the original creditor about the account is governed by the written agreement under which plaintiff acquired the account. Plaintiffs response: admit. Plaintiff has the right to request, but not the guarantee to receive, additional account level information. 6) plaintiffs agent, Mr. XXXXX XXXXX, in the original suit affirmed under oath that defendants original creditor was XXXXX [another credit institution] and that the "assigned is a valid debt now fully due and owing". Plaintiffs response: admit. Plaintiff adds that XXXXX was just inadvertently uploaded caused by a technical issue. This account and such inadvertences were disclosed after suit was filed and plaintiff amended their exhibit A of their original complaint shortly thereafter upon leave of court. Plaintiff also specifies that the defendant and all amounts listed in the first affidavit, however, were correct. 7) Plaintiffs agent, Mr. XXXXX XXXXX, in the original suit affirmed under oath that defendants original creditor was XXXXX [another credit institution] without first verifying the information contained in the affidavit. Plaintiffs response: Deny. All information was verified and accurate but for the technicality issue (set forth above) causing the name of the original creditor to be incorrect. Plaintiff reserves the right to supplement these responses to defendants discovery requests.
  4. I am ready to send off these responses for their discovery. Please let me know what your thoughts are with these responses to RFA. Please comment. Thank you so much!! DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS 1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming. Defendant’s response: Admit 2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming. Defendant’s response: Deny 3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card. Defendant’s response: Deny 4) Please admit that your Social Security number ends in XXXX. Defendant’s response: Admit 5) Please admit that you never disputed any credit card charges in writing or otherwise. Defendants response: Defendant objects to this request on the grounds that it is vague and generally unintelligible as it does not define the term "or otherwise". Defendant further objects to this request on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. After a reasonable inquiry, Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement and accordingly Defendant denies the same. Defendant further states that it is currently engaged in its own discovery and may obtain information from the Plaintiff through the course of discovery that may allow Defendant to supplement this response at a later date. 6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information). Defendants response: Defendant objects to this request on grounds that it is vague and unintelligible, and Defendant does not understand the question as asked. Further, Defendant does not know what Plaintiff is referring to when Plaintiff states "as it relates to". Defendant further objects to this request on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. After a reasonable inquiry, Defendant is without sufficient information or knowledge to form a belief as to the truth or veracity of such a statement and accordingly Defendant denies the same. Defendant further states that it is currently engaged in its own discovery and may obtain information from the Plaintiff through the course of discovery that may allow Defendant to supplement this response at a later date. 7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming. Defendant’s response: Admit 8) Please admit that you currently reside at XXXXX XXXXX, XXXXX, WY. Defendant’s response: Admit
  5. Thank you @BTO429, @HotWheels96, @racecar, and @BV80 so much for your help! Below is what I have so far. Please let me know what you think, if there is anything that needs to go, should be added or modified and if you have any ideas on how I answer the RFA. Thank you, I could not do any of this without you! Defendant’s response to Plaintiff’s interrogatories, requests for production of documents, and requests for admissions Comes now Defendant, by and pursuant to WRCPCC 8 and 31, WRCP 36 and the courts oral case management conference ruling, hereby responds to Plaintiff’s interrogatories, requests for production of documents, and requests for admissions as follows: Defendants preliminary statement and general objections 1) Defendant objects to Plaintiffs discovery requests to the extent that it seeks to impose obligations on Defendant beyond those required by and under either the courts order or the Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court. 2) Defendant further objects to Plaintiff’s discovery request to the extent that it seeks information and documents that are equally available to Plaintiff, not in Defendants possession, custody or control. 3) Defendant also objects to Plaintiffs discovery request to the extent that they seek information which is confidential or proprietary in nature, or the information or documentation requested is subject to privilege, either the attorney-client privilege and/or that constitute trial preparation for other work product, and/or what is sought is not otherwise discoverable under the applicable Wyoming Rules of Civil Procedure or Wyoming Rules of Civil Procedure for Circuit Court. 4) Defendant also objects to any discovery request that can be interpreted as requiring Defendant to identify or produce documents that are in the possession, custody or control of others and have not been made available to or are otherwise not in the possession of Defendant or are equally accessible to Plaintiff. 5) Defendant also objects to Plaintiffs discovery request to the extent that it is irrelevant and beyond the scope of the subject matter involved in this action and is not calculated to lead to admissible evidence and/or information which is relevant to this action. 6) A partial response by Defendant to any discovery request as set forth below is not deemed to be a waiver by Defendant or Defendants objections thereto (if any) or to the right of Defendant to object to additional, supplemental or further discovery requests or parts thereof. 7) Defendant will respond to Plaintiffs discovery pursuant to the applicable provisions of the controlling procedural rules and, therefore, objects to any definition or instruction inconsistent with those rules. 8) All responses by Defendant to Plaintiffs discovery represent the information acquired to date and within the possession, custody and/or control of the Defendant. Defendant reserves the right to amend, supplement or change in any way Defendants responses should information be acquired through further investigation and or discovery that would so warrant an amendment, supplementation or change. By this reference, Defendant specifically incorporates the preliminary statement and general objections into each of the individual responses below as if set forth in its entirety. Subject to and without waiving the foregoing preliminary statement and general objections, Defendant responds as follows: Response to defendant's pattern interrogatories 1) What is your current home telephone numbers and current cell phone numbers? Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 1 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. 2) List every physical address and dates where you have resided from 2009 to present. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 2 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. 3) List all post office boxes that you have appeared as record thereon from January 2009 through December 2011. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 3 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. 4) List the name of the credit card, the account number, the date open, and that the date closed of any and all credit cards accounts in your name alone or a joint account that you are an authorized signer or guarantor from January 2009 through December 2011. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 4 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 4 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 5) List any and all bank accounts that you have an interest or appear of record thereon from January 2009 to December 2011. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 5 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 5 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 6) List your employment history including any self-employment for the past 12 months, listing names of employers, addresses, as well as any and all telephone numbers for those employers. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 6 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 6 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 7) If you are currently employed, what is your schedule? Please include start and end times. If your schedule fluctuates, please explain in detail possible times of employment. If you have more than one job, please explain for each job. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 7 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Plaintiff is on a fishing expedition aimed at discovering the Defendant’s financial status. Prejudgment discovery of a Defendant’s financial condition is not discoverable where punitive damages are not sought and the plaintiff has not asked for punitive damages. Defendant further objects to interrogatory number 7 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 8 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. Without waiving the foregoing objection, Defendant will state that Defendant has applied for credit cards. 9) Have you ever filed a police report for stolen identity, credit card fraud, or a related crime? Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant has not filed a police report for stolen identity, credit card fraud, or a related crime. 10) Do you know a telephone number xxx-xxx-xxxx? If so who's number is this? How should I respond to this? 11) Do you know a telephone number of xxx-xxx-xxxx? If so who's number is this? How Should I respond to this? 12) Have you ever had a XXXXX credit card or been listed as a user on such a card? If so list the dates and account numbers and the periods of time. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant has never had XXXXX credit card or been listed as a user on such a card. 13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 13 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 13 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 14) In your answer/counterclaim you state that you have received calls from plaintiff at work in the early morning and evening. Please list the exact times and dates of the calls allegedly, the communication you had or messages received. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant received calls from the Plaintiff on an ongoing basis as early as 6 AM and as late as 9 PM during the month of January 2012. 15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming? If so, explain which ones. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 15 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 15 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 16) Have you ever received any other credit card statements at any other address? If so, explain. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 16 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 16 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 17) Are you or were you an authorized user or guarantor on any credit cards not in your name? If so, explain which cards. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 17 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 17 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 18) Has anyone else ever been an authorized signer or guarantor on any credit cards you have ever had? If so, list details. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to interrogatory number 18 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant further objects to interrogatory number 18 on the grounds that said Discovery is overbroad, overly burdensome, and requests irrelevant or immaterial information or information protected by privilege, and/or contains multipart questions in violation of law, rule or regulation. 19) Have you ever disputed any credit card statements in writing within 60 days of receiving such statements? Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant has never disputed any credit card statements in writing within 60 days of receiving such statements. DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCION OF DOCUMENTS 1) Provide copies of monthly statements for any and all bank accounts including but not limited to XXXXX Bank accounts that you have an interest or appear of record your own from January 2009 to December 2011. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: Defendant objects to this request because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information. Defendant states further that after a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within Defendants possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request. 2) Provide copies of any police reports from any reports of stolen identity, credit card fraud, or related crimes including the dates of incidents were reported. How should I answer this? See interrogatory # 9. 3) Provide a copy of any written dispute letter sent to any credit card company or bank on behalf of yourself or someone else from 2009 to present. How should I answer this? See interrogatory # 19. 4) Provide copies of any payments made to any credit card accounts since 2009 to present including dates and approximate amount of payments. How should I answer this? See interrogatory # 13. 5) In your answer/counterclaim you state that you have received calls from plaintiffs at work in the early morning and evening. Please provide documentary evidence of the exact times and dates of the calls alleges. Defendant’s response: subject to and without waiving the foregoing objections, Defendant answers as follows: After a diligent search and a reasonable inquiry was made by the Defendant in an effort to comply with this Request, there are no documents within Defendants possession, custody, or control. Defendant has made a good faith effort in trying to obtain documents responsive to the request. DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS 1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming. 2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming. 3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card. 4) Please admit that your Social Security number ends in XXXX. 5) Please admit that you never disputed any credit card charges in writing or otherwise. 6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information). This excel file exhibit includes info such as name, address, ss #, credit card #, lot #, account balance, date account was opened, date account was charged off, etc. 7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming. 8) Please admit that you currently reside at XXXXX XXXXX XXXXX, WY.
  6. Hello everyone, I have so much respect and appreciation for this forum of friends who are trying to take on the big JDB's and lawyers, and get justice. I have been reading so many of the topics and learned so much in the last month + of reading all of the great stories and ideas. I need some help! I was sued for $10,000 by a JDB. I responded to the complaint and had a pre-trial telephone conference with the judge and plaintiffs attorney. I would like to fight this as hard as I can. Below are the discovery questions that I was served by the plaintiff and I really need ideas and legalese for my answers. Please let me know if you have any questions. Thanks a million! Plaintiffs interrogatories requests for production of documents and requests for admissions propounded on defendant pursuant to WRCPCC8 Instructions to the answering party: 1) An answer or other appropriate response must be given to each interrogatory. Parties are to answer these interrogatories with the understanding that they stand in a fiduciary relationship with each other. 2) As a general rule within 30 days after you are served with these interrogatories, requests for production of documents, and request for admission, you must serve your responses on asking party: Name Attorney for Plaintiff Address Address 2 Phone Fax 3) Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer to the extent possible. 4) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. 5) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. 6) Your answers to these interrogatories, requests for production of documents, and request for the mission must be signed, notarized and dated. Definitions 1) YOU or YOUR includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. 2) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation or public entity. 3) DOCUMENTS means a writing and includes the original or a copy of handwriting, typewriting, printing, Photostatting, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds or symbols, or combinations of them. 4) ADDRESS means the street address, including the city, state and ZIP Code. Interrogatories 1) What is your current home telephone numbers and current cell phone numbers? 2) List every physical address and dates where you have resided from 2009 to present. 3) List all post office boxes that you have appeared as record thereon from January 2009 through December 2011. 4) List the name of the credit card, the account number, the date open, and that the date closed of any and all credit cards accounts in your name alone or a joint account that you are an authorized signer or guarantor from January 2009 through December 2011. 5) List any and all bank accounts that you have an interest or appear of record thereon from January 2009 to December 2011. 6) List your employment history including any self-employment for the past 12 months, listing names of employers, addresses, as well as any and all telephone numbers for those employers. 7) If you are currently employed, what is your schedule? Please include start and end times. If your schedule fluctuates, please explain in detail possible times of employment. If you have more than one job, please explain for each job. 8) Have you ever applied for any credit cards? If so, list all cards applied for, how you applied, and approximate dates of application. 9) Have you ever filed a police report for stolen identity, credit card fraud, or a related crime? 10) Do you know a telephone number xxx-xxx-xxxx? If so who's number is this? 11) Do you know a telephone number of xxx-xxx-xxxx? If so who's number is this? 12) Have you ever had a XXXXX credit card or been listed as a user on such a card? If so list the dates and account numbers and the periods of time. 13) Have you ever made any payments to any credit card accounts since 2009 to present? If so, provide dates and approximate amount of payments. 14) In your answer/counterclaim you state that you have received calls from plaintiff at work in the early morning and evening. Please list the exact times and dates of the calls allegedly, the communication you had or messages received. 15) Have you ever received any credit card statements at PO Box XXXXX in XXXXX Wyoming? If so, explain which ones. 16) Have you ever received any other credit card statements at any other address? If so, explain. 17) Are you or were you an authorized user or guarantor on any credit cards not in your name? If so, explain which cards. 18) Has anyone else ever been an authorized signer or guarantor on any credit cards you have ever had? If so, list details. 19) Have you ever disputed any credit card statements in writing within 60 days of receiving such statements? Requests for production of documents 1) Provide copies of monthly statements for any and all bank accounts including but not limited to XXXXX Bank accounts that you have an interest or appear of record your own from January 2009 to December 2011. 2) Provide copies of any police reports from any reports of stolen identity, credit card fraud, or related crimes including the dates of incidents were reported. 3) Provide a copy of any written dispute letter sent to any credit card company or bank on behalf of yourself or someone else from 2009 to present. 4) Provide copies of any payments made to any credit card accounts since 2009 to present including dates and approximate amount of payments. 5) In your answer/counterclaim you state that you have received calls from plaintiffs at work in the early morning and evening. Please provide documentary evidence of the exact times and dates of the calls alleged. Requests for admissions 1) Please admit that you have a PO Box number XXXXX in XXXXX, Wyoming. 2) Please admit that you received XXXXX credit card statements at PO Box XXXXX in XXXXX, Wyoming. 3) Please admit that you had a XXXXX credit card account number XXXX – XXXX – XXXX – XXXX or that you were an authorized user on this card. 4) Please admit that your Social Security number ends in XXXX. 5) Please admit that you never disputed any credit card charges in writing or otherwise. 6) Please see supplemental disclosures exhibit number 5 (which shows information related to the account at hand and admit or deny each line item of information as it relates to your past or current personal information). 7) There was a document referred to by the judge at the telephonic case management conference titled "Order Setting Initial Case Management Conference and Pretrial Conference” that you and acknowledged on the record to receiving. Please admit that you received the document referred to mailed by the court to your PO Box XXXXX in XXXXX, Wyoming. 8) Please admit that you currently reside at XXXXX XXXXX XXXXX, WY.
  7. Racecar - Exhibit # 5 is a new and more detailed excel printout that the plaintiffs attorney sent my wife that includes personal information such as her ss #, address and phone number. It also includes the JDB purchase lot #, a bank account number, the name of the OC, a balance, the date the account was opened, the date the account was charged off, the amount that was paid all types of other id #'s etc. I am not sure how to proceed at this point with filing my answers to their requests for admissions, requests for documents and interrogatories because I read and re-read the Wyoming Rules of Civil Procedures AND the Wyoming Rules of Civil Procedure for Circuit Courts and in the former it says that each side has 30 days to respond to discovery and in the latter it doesnt mention a time requirement for responding to discovery. The 30 days are coming up for me/my wife to respond and their 30 days already passed (they havent even accepted my discovery mail yet because I havent received the return card). 1) Which rules do I follow? 2) Is there and advantage to not responding to their discovery up until right before trial? 3) Should I respond and then bring the Wyoming Rules of Civil Procedure to the courts attention and Motion to Compel and run the risk of upsetting the judge for not knowing that the governing rules are the ones for circuit courts? 4) Another side note, the plaintiffs attorney who is from out of state has sent me several docs that reference laws from her state (pursuant to rule from out of state). Is that something that can help me in my case? Any advice on how I should proceed would be hugely helpful. You guys are my rock! Thank you, CombingWyoming
  8. Racecar, Below are the RFA they sent me. I will try to type the rogs and RFD later this evening. Any suggestions of how I should respond to each of the below RFA? 1. Please admit that you have an address XXXX in XXXX, WY. 2. Please admit that you received credit card statements from XXXX (OC) to above address 3. Please admit that your credit card number was XXXX and that you were an authorized user of this card 4. Please admit that your SS number ends in XXXX 5. Please admit that you never disputed any credit card charges in writing or otherwise 6. Please see exhibit # 5 (which shows information related to the account at hand and admit or deny each line item as it relates to your past or current personal information 7. There was a document referred to by the judge at the case management conference titled "order setting case management and pre-trial conference" that you acknowledged on the record [dont recall] to receiving. please admit that you received this doc from the court to your address above.
  9. Thank you Anon. In our pre-trial conference, the judge set dates by when discovery must be concluded. They mailed me interrogatories, RFD's and RFA's a week after the date passed. How can I screw them for that?
  10. So heres an update: I served the plaintiff my rogs, RFD's and RFA's before the deadline set in my pre-trial conference. The plaintiff served me with rogs, RFD's and RFA's a week after the deadline set by the judge at the pre-trial conference. They didnt respond yet to my discovery and I didnt respond yet to theirs. Can I use this to my advantage to: 1. Get my case dismissed (lol)? 2. File something with the court to not be required to answer their discovery requests? 3. Give the plaintiff a run for his money? Any guidance, advice or suggestions with examples would be a huge help. Also, can someone guide me to some examples of defendants responses to discovery which I may be able to modify for my suit and also shed some light on the best time for me to respond to their discovery requests? Thank you all so much for your amazing support, smart advice and kind care! CombingWyoming
  11. Thank you Anon Amos. I have seen it done both ways. Whats the advantage of only sending in a small amount of requests at a time vs. sending them all in at once (so I can have some peace and quiet for a little while )? What do you recommend as the five most important RFPD's to start with? Thank you, CombingWyoming
  12. Thank you shellieh very much for your help, I cant tell you how much I appreciate it! How could I find out if the 30 interrogatories also includes or doesnt include the "requests for admission" and "requests for production"? The Wyoming Rules of Civil Procedure only includes a number (30) of allowed requests by the subject of "interrogatories" but no reference to any allowed number of requests in its subject on "requests for production" and "requests for admission"...?! If someone can google Wyoming Rules of Civil Procedure and let me know what I am missing, that would be a huge help. I right now have 48 requests between interrogatories, requests for production and requests for admission and I would like to mail this out to the scum bag attorney for the plaintiff but dont want to get screwed. Also anyone have additional samples of interrogatories, requests for production and requests for admission? Thank you very much, CombingWyoming
  13. Thank you racecar for taking the time to share with me these great resources! I perused through the website you suggested and found lots of great material but there is so much more I can learn, its freaken endless! I have a couple of questions: 1. I have up to 30 interrogatories. What are the musts to include (and why)? 2. I am certain that my affidavits were robo-signed, should I hit them for that in my interrogatories or should I file some other paper for that? Any suggested legalese? Thanks so much, CombingWyoming