jersey314

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About jersey314

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  1. SHOULD I NOT BE OBJECTING OR DENYING ? JUST STATING Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Plaintiff has failed to provide Prima facie evidence
  2. I just read 201301115 Only understanding parts According to the rules in post # 45 can I list objections on my answers ? and Can I send more than 5 questions? One other thing I am checking now but I would think that this debt was already charged off its been more than 180 days Account has been charged off so that makes them a JDB ?
  3. Is there something particular I should look for in the index ?
  4. So this is what I found but I really don't understand it fully http://www.judiciary.state.nj.us/rules/r4-18.htm RULE 4:18. Discovery And Inspection Of Documents And Property; Copies Of Documents 4:18-1. Production of Documents, Electronically Stored Information, and Things and Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery (a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect, copy, test, or sample any designated documents (including writings, drawings, graphs, charts, photographs, sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, by the respondent into reasonably usable form), or to inspect, copy, test, or sample any designated tangible things that constitute or contain matters within the scope of R. 4:10-2 and that are in the possession, custody or control of the party on whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party on whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2. ( Procedure; Continuing Obligation; Failure to Respond; Objections; Motions. (1) Procedure for Request. The request may, without leave of court, be served on the plaintiff after commencement of the action and on any other party with or after service of the summons and complaint on that party. A copy of the request shall also be simultaneously served on all other parties to the action. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The request may specify the form or forms in which electronically stored information is to be produced.(2) Procedure for Response. The party on whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 50 days after service of the summons and complaint on that defendant. On motion, the court may allow a shorter or longer time. The written response shall be made by the party upon whom it is served if an individual, or, if a governmental, commercial, or charitable entity, by an officer or agent thereof. The person making the response shall swear or certify in the form prescribed by paragraph © of this rule that it is complete and accurate based on personal knowledge and/or upon information if provided by others, whose identity and source of knowledge shall be disclosed. The written response shall be served on the requesting party and a copy on all other parties. The written response shall either include the requested documents or other material or state, with respect to each item or category, that inspection and related activities will be permitted as requested. If the written response provides documents to the requesting party, those documents shall be provided to or made available to any other party upon request. Unless the parties otherwise agree, or the court otherwise orders: (A) a party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request; ( if a request does not specify the form or forms for producing electronically stored information, a responding party shall produce the information in a form or forms in which it is ordinarily maintained or in a form or forms that are reasonably usable; and © a party need not produce the same electronically stored information in more than one form. (3) Continuing Obligation. If a party who has furnished a written response to a request to produce or who has supplied documents in response to a request to produce thereafter obtains additional documents that are responsive to the request, a supplemental written response and production of such documents, as appropriate, shall be served promptly. (4) Objections; Failure to Respond; Motions. General objections to the request as a whole are not permitted and shall be disregarded by the court and adverse parties. The party upon whom the request is served may, however, object to a request on specific grounds and, if on the ground of privilege or accessibility of electronically stored information, the objection shall be made in accordance with R. 4:10-2(e) and (f) respectively. The requesting party may move for an order of dismissal or suppression or an order to compel pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested. The provisions of R. 4:23-1© apply to the award of expenses incurred in relation to motions made pursuant to this rule. © Certification or Affidavit of Completeness. The person responding to the request shall submit with the response a certification stating or affidavit averring as follows: I hereby certify (or aver) that I have reviewed the document production request and that I have made or caused to be made a good faith search for documents responsive to the request. I further certify (or aver) that as of this date, to the best of my knowledge and information, the production is complete and accurate based on ( ) my personal knowledge and/or ( ) information provided by others. I acknowledge my continuing obligation to make a good faith effort to identify additional documents that are responsive to the request and to promptly serve a supplemental written response and production of such documents, as appropriate, as I become aware of them. The following is a list of the identity and source of knowledge of those who provided information to me: (d) Persons Not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. Pre-litigation discovery within the scope of this rule may also be sought by petition pursuant to R. 4:11-1. Note: Source - R.R. 4:24-1. Former rule deleted and new R. 4:18-1 adopted July 14, 1972 to be effective September 5, 1972; rule caption and paragraph © amended July 14, 1992 to be effective September 1, 1992; paragraphs (a) and ( amended July 13, 1994 to be effective September 1, 1994; paragraph ( amended July 10, 1998 to be effective September 1, 1998; paragraph ( amended July 5, 2000 to be effective September 5, 2000; paragraph ( amended July 12, 2002 to be effective September 3, 2002; caption and paragraphs (a) and ( amended July 27, 2006 to be effective September 1, 2006; paragraph ( caption amended, paragraph ( text reallocated and captioned as subparagraphs ( (1) and ( (2), subparagraph ( (2) amended, new subparagraphs ( (3) and ( (4) adopted, former paragraph © redesignated as paragraph (d), and new paragraph © caption and text adopted July 23, 2010 to be effective September 1, 2010. 4:18-2. Copies of Documents Referred to in Pleading When any document or paper is referred to in a pleading but is neither annexed thereto nor recited verbatim therein, a copy thereof shall be served on the adverse party within 5 days after service of his written demand therefor. Note: Source-R.R. 4:24-2.
  5. yea when I called the court helpline I told her I wanted to dispute the debt because no evidence was given to me she said I would to , and then I told her I was going to send questions back and she said they were limited to 5 question I am NJ here is what I just read on NJ court website Interrogatories The Rules of Court provide for an exchange of information by the parties. Whether you are the plaintiff or the defendant, questions from the "interrogatories," must be answered within 30 days.
  6. ok now that am done that part in NJ I can send 5 questions(interrogatories) to them where can a find 5 good ones to send , I also never did a DV can I do that now ?
  7. thank you so much for all of your help you have no idea ............. you rock !
  8. My main problem is answering questions 1 and 2 a,b,c and then number 9 the only thing I gave them was my addresses which they already have
  9. So I can answer all my interrogatories the same way ??? I'm on day 28 So it need to be mailed tomorrow
  10. thank you guys , here is what I came up with for my interrogatories I am struggling with these so any in put would be good Demand is hereby made of Defendant (s) for Certified answers to the following Interrogatories within the time prescribed by the rules of this court. Each question below requests an answer or information relating to DISCOVER BANK credit card , Account number 0000000000000000 , and your response should be directed therto. 1. Set forth in detail each defense which the defendant has to the above – entitled cause of action and in detail , give the factual basis for each , setting forth dates , places , names , addresses of persons present , or involved in the conversations , attach hereto copies of all writings. ANS: INTERRAGATORY 1: Defendant, Propria Persona. None known at this time, will supplement when available 2. A) With respect to the first affirmative defense alleged by you in answer to the plantiff’s complaint, Please set forth: i) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense ANS. Defendant, Propria Persona. None known at this time, will supplement when available ii) as to each such person , state his/her name , last known or present address , and telephone number. ANS. Defendant, Propria Persona. None known at this time, will supplement when available iii) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. ANS. None known at this time, will supplement when available iv) “Identify” each and every “document” which supports , tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates , Attach hereto a copy of each “document” ANS. INTERRAGATORY 2A Defendant, Propria Persona. None known at this time, will supplement when available 2 With respect to the second affirmative defense alleged by you in answer to the plaintiff’s complaint m please set forth: i) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense ANS. Defendant, Propria Persona. None known at this time, will supplement when available ii) as to each such person , state his/her name , last known or present address , and telephone number. ANS. Defendant, Propria Persona. None known at this time, will supplement when available iii) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. ANS. Defendant, Propria Persona. None known at this time, will supplement when available iv) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates, Attach Hereto a copy of each “document” ANS. Defendant, Propria Persona. None known at this time, will supplement when available 2.C) With respect to the third affirmative defense alleged by you in answer to the plaintiff’s complaint m please set forth: i.) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense ANS. ii.) as to each such person , state his/her name , last known or present address , and telephone number. ANS. iii.) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge. ANS. iv) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates, Attach Hereto a copy of each “document” Do you admit that you owe the plaintiff the amount of $ 0000.00 on account number 0000-0000-0000-0000 as set forth in the plaintiff’s complaint? i. If you state that you do not owe the amount set forth in the Plaintiff’s complaint , set forth the total amount that the defendant admits oweing on Discover Bank credit card on account number 0000-0000-0000-0000 ANS. Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge possession, custody or control of the defendant. Additionally, the request is premature as it requests the defendant prior to the completion of discovery to answer if the amount is correct. The plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files. Without waiving the Defendant’s objection, the defendant does not know if the amount on the alleged account he is being sued upon is correct because the defendant has not been provided with any evidence by the plaintiff to prove such amount is correct ii. If your answer to this question is in the negative, state fully and in detail your reasons therefore. ANS. What , if any , credits , allowances or deductions do you claim to be entitled to which have not been given by the plaintiff with regard to the account which is the subject matter of plaintiff’s complaint ? In answering this interrogatory , specify the amount of each credit , or state in detail on what you base the claim for each such credit, or state in detail on what you base the claim for each such credit , and attach copies of canceled checks and / or receipts showing proof of payment. ANS. INTERRAGATORY 4: Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge possession, custody or control of the defendant. Additionally, the request is premature as it requests the defendant prior to the completion of discovery to answer if the amount is correct. The plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files. Without waiving the Defendant’s objection, the defendant does not know if the amount on the alleged account he is being sued upon is correct because the defendant has not been provided with any evidence by the plaintiff to prove such amount is correct. Did you receive monthly , periodical statements from Discover Bank on account number 0000-0000-0000-0000 which set forth the total balance due and owing ? Pease attach any and all statements that you have in possession pertaining to said account. ANS. INTERRAGATORY 5 Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge possession, custody or control of the defendant. Additionally, the request is premature as it requests the defendant prior to the completion of discovery to answer if the amount is correct. The plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files. Without waiving the Defendant’s objection, the defendant does not know if the amount on the alleged account he is being sued upon is correct because the defendant has not been provided with any evidence by the plaintiff to prove such amount is correct. If the defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in plaintiff’s complaint which is not elicited by the foregoing interrogatories , identify and describe same. ANS. INTERRAGATORY 6 Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge possession, custody or control of the defendant. Additionally, the request is premature as it requests the defendant prior to the completion of discovery to answer if the amount is correct. The plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files. Without waiving the Defendant’s objection, the defendant does not know if the amount on the alleged account he is being sued upon is correct because the defendant has not been provided with any evidence by the plaintiff to prove such amount is correct.. Please list all addresses at which you resided between the dates of 1/23/04 to 5/31/2013. Attach any and all documentation proving your place of residence such as copies of any electric bills , telephone bills , lease and /or mortgage agreements and a New jersey driver’s License . ANS. INTERRAGATORY 7 Listed 2 addresses along with this……. The supporting documentation requested is irrelevant to this matter, and is privileged and confidential. Obviously the Plaintiff knows where the Defendant currently resides. 8. Did defendant utilize a checking account in 2012 ? If yes please provide : ANS: INTERRAGATORY 8: Objection On the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant a.) The name of the Bank – b.) The account number – c.) Any Bank statements currently in possession of defendant pertaining to same. 9. Identify all persons whom you expect to call as fact witnesses and expert witnesses at trial. As to each, state the subject matter for which they are expected to testify. As to the experts, state the substance of the findings and opinions to which the experts are expected to testify, and a summary of the grounds for each opinion. ANS. INTERRAGATORY 9: none known at this time, will supplement when available
  11. thank you thank you so much I am changing the interrogatories now here is my answer to the bank info INTERRAGATORY 8: Objection On the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant
  12. where can I find these rules about admitting I have to send these back tomorrow that will be my 29th day I am so overwhelmed and do not know how to respond APparently I can not answer the interrogatories the way I did are the requests for admission ok ???