KellyIN

Members
  • Content Count

    1
  • Joined

  • Last visited

Community Reputation

0 Neutral

About KellyIN

  • Rank
    Newbie

Profile Fields

  • Location
    Indiana
  1. I've spent hours on this site formulating my response to the first set of interrogatories, request for admissions and request for production of documents. Would you mind reviewing my answers to confirm they are legally sound? I did have this account and owe money, but due to loss of employment I can neither pay my debt nor hire an attorney. I truly appreciate your assistance! STATE OF INDIANA IN THE XXXXXX SUPERIOR COURT II COUNTY OF XXXXXX CAUSE NO. XXXXXXXXXXXXXXXXXXX ASSET ACCEPTANCE, LLC PLAINTIFF VS. KELLY XXXXXXX DEFENDANT DEFENDANT’S RESPONSE TO FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS NOW COMES the Defendant, KELLY XXXXXX, responds to Plaintiff’s, ASSET ACCEPTANCE, LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows: INTERROGATORIES Interrogatory No. 1 Please state your full name, address, date of birth, place of birth, and social security number. a. Kelly XXXXXXXXXXXXX. Regarding date of birth, place of birth and social security number, responding party objects on the grounds that this information is personal in nature, and has no bearing on the issue that is the subject of this litigation, nor will it lead to the discovery of admissible evidence. Interrogatory No. 2 What is the name and address of the bank where you have your checking account? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 3 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 4 Identify any payment that you have made to the original creditor, Dell Financial Services/CIT Online Bank, and state the date of the last payment you made to the original creditor and the amount of that payment. b. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 5 Identify any payment that you have made on the Account, number 6879450 1290644564 14, and state the date of the last payment you made on the Account and the amount of that payment. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 6 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 7 Please list the date and amount of all payments made by check, money order, banks official check or any other means, that you claim were made on the Account. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 8 Is the amount that you owe on the Account sued upon correct and, if not, what is the correct ", amount? a. The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff. Interrogatory No. 9 If any offers of settlement were made to you on your Account, please state the name, address, and phone number of the person and company who offered you the settlement and how long the settlement was good for? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 10 Please state the manner in which you paid any settlement that you allege was made (i.e, check, money order, etc.). a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 11 Have you ever received a settlement letter or paid in full receipt evidencing an amount you paid toward the Account sued upon? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 12 Please provide the following information for each person you will call as a witness at the trial of the captioned matter: 1. Name, address, and telephone number; 2. Place of employment; 3. Relation to the Defendant; 4. The subjects and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness. a. Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to her on an alleged account that is disputed. Interrogatory No. 13 Please identify and describe each exhibit you will use in the trial of the captioned matter. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. Interrogatory No. 14 Are you currently involved in any litigation in which you are a Plaintiff! If so, then: 1. In what court is this matter pending? 2. What is the nature of this claim? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 15 State fully, completely and at length the factual basis of each defense which you now assert or intend to assert in this action. a. Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. Interrogatory No. 16 As to each defense set out in response to Interrogatory Thirteen (13), above, state the following as to notification to Plaintiff by Defendant of such defenses: (a) the date or dates when notification was given; ( the manner in which notification was given; and © the specific party or parties to whom notification was given. a. See response to Interrogatory Thirteen (13), REQUESTS TO ADMIT FACTS The Plaintiff requests that the Defendant answer the following requests to admit facts pursuant to, and in accordance with, Indiana Rule of Trial Procedure 36. If the Defendant objects to any requested admission, the reasons therefore shall be stated. The Defendant's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Defendant cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Defendant qualify an answer or deny only a part of the matter of which an admission is requested, the Defendant shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial or the part thereof. Fact No. 1 Please admit that you applied to the original creditor, Dell Financial Services/CIT Online Bank, for the account, number XXXXXXXXX, in question. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 2 Please admit that you are indebted to the Plaintiff in the amount of $1XX, plus any accrued interest, as shown on Plaintiffs Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 3 Please admit that you made payment(s) on your account. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 4 Please admit that you owe the balance on the Account to the Plaintiff. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 5 Please admit that the correct balance is outlined in the Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 6 Written demand for payment of the charges subject of this action was made upon Defendant by Plaintiff or Plaintiffs counsel thirty (30) days or more prior to the filing of the Complaint in this action. a. Denied. Written demand for payment never received by Defendant. DOCUMENTS TO BE PRODUCED 1. Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 2. Please provide copies of any and all settlement letters or offers to settle regarding the Contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 3. Please provide copies of any and all receipts, letters, or other information that supports your contention that the account was paid in full. a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. 4. Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. 5. If you are currently involved in any litigation as a Plaintiff, inside or outside of the state of Kentucky, please provide a copy of the petition for damages, including amendments and responses. a. Defendant has none. 6. Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.