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  1. A friend is being sued by capital one. I’m helping him out as he is not knowledgeable about debt related matters. He was served recently with discovery requests. Can someone help me prepare proper reposes to the following please? Requests for production: 1. REQUEST #1: Copies of any and all payments made on Defendant’s Capital One Bank (USA) N.A. card, account number 4003449744834258, including, but not limited to copies of all checks (front and back), and money orders or other means of payment. RESPONSE TO REQUEST #1: OBJECTION. Defendant objects at the plaintiffs request for documents #1 as it assumes there is an account being sued upon where no account has yet been identified by the plaintiff or its attorneys. The request is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. The Defendant cannot provide what is requested. 2. REQUEST #2: Copies of any and all receipts for payments made on Defendant’s Capital One Bank (USA) N.A. credit card, account number 4003449744834258. RESPONSE TO REQUEST FOR PRODUCTION 2: OBJECTION. Defendant objects at the plaintiffs request for documents #2 as it assumes there is an account being sued upon where no account has yet been identified by the plaintiff or its attorneys. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. The Defendant cannot provide what is requested. 3. REQUEST #3: Copies of any and all correspondence between the Defendant and the Plaintiff or any of the Plaintiff’s predecessor’s in interest, assignee’s, agents or other parties acting on it’s behalf. RESPONSE TO REQUEST FOR PRODUCTION 3: OBJECTION Defendant objects at the plaintiff’s request for documents #3 as the request is overly broad, vague, and unduly burdensome. 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. 4. REQUEST #4: Copies of any and all agreements regarding the Defendant’s Capital One Bank (USA) N.A. credit card, account number 4003449744834258 between the Defendant and the Plaintiff or any of the Plaintiff’s predecessor’s in interest, assignee’s, agents or other parties acting on it’s behalf. RESPONSE TO REQUEST FOR PRODUCTION 4: OBJECTION. Defendant objects at the plaintiffs request for documents #4 as it assumes there is an account and an agreement being sued upon where no account and agreement has yet been identified by the plaintiff or its attorneys. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. The Defendant cannot provide what is requested. 5. REQUEST #5: Copies of any and all account statements received by the Defendant from the Plaintiff relating to the Capital One Bank (USA) N.A. credit card, account number 4003449744834258 as issue in this litigation. RESPONSE TO REQUEST FOR PRODUCTION 5: OBJECTION. Defendant objects at the plaintiffs request for documents #5 as the Defendant has already clearly stated in his answer and defense that he has not received any such account statements from the Plaintiff relating to the purported account. Furthermore such request assumes there is an account being sued upon where no account has yet been identified by the plaintiff or its attorneys. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. The Defendant cannot provide what is requested. 6. REQUEST #6: Copies of any and all documents not otherwise requested that in any way relate to, involve or regard the Defendant’s Capital One Bank (USA) N.A. credit card, account number 4003449744834258. RESPONSE TO REQUEST FOR PRODUCTION 6: OBJECTION. The request is overly broad, vague, and unduly burdensome. The Defendant cannot provide what is requested. 7. REQUEST #7: Copies of any and all documents the Defendant intends to introduce as evidence at trial of this action. RESPONSE TO REQUEST FOR PRODUCTION 7:Defendant does not have any documents to satisfy this request 8. REQUEST #8: Copies of any and all documents the Defendant intends to use in anyway at trial of this matter. RESPONSE TO REQUEST FOR PRODUCTION 8: 9. REQUEST #9: Copies of any and all documents showing the Defendant has paid, or settled the amount due on the Capital One Bank (USA) N.A. credit card, account number 4003449744834258. RESPONSE TO REQUEST FOR PRODUCTION 9: Defendant objects at the plaintiffs request for documents #9 as it assumes there is an account being sued upon where no account has yet been identified by the plaintiff or its attorneys. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. The Defendant cannot provide what is requested. 10. REQUEST #10: Copies of any and all documents relating to or regarding any dispute the Defendant had involving the Capital One Bank (USA) N.A. credit card, account number 4003449744834258, or any charges incurred on it. RESPONSE TO REQUEST FOR PRODUCTION 10: REQUEST FOR INTERROGATORY 1. INTERROGATORY 1: Please identify yourself fully, giving your full name, date of birth, the last four (4) digits of your Social Security number, and current residential address. ANSWER #2: OBJECTION. Interrogatory #1 is objected by the Defendant 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 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. 2. INTERROGATORY 2: Please state whether you maintained a credit card account with Capital One Bank (USA) N.A. ANSWER #2: 3. INTERROGATORY 3: Please state whether you received the Capital One Bank (USA) N.A. credit card, account number 4003449744834258. ANSWER #3: 4. INTERROGATORY 4: Please state each and every address at which you have resided for a period of more than two weeks, and each and every address at which you have received mail, including but not limited to post office boxes, since the date you applied for or received the Capital One Bank (USA) N.A. credit card, account number 4003449744834258. ANSWER 4: 5. INTERROGATORY 5: Please state whether you used the Capital One Bank (USA) N.A. credit card, account number 4003449744834258 to make charges. ANSWER #5: 6. INTERROGATORY 6: If the answer to the above-interrogatory is in the affirmative please state the following information about the Capital One Bank (USA) N.A. credit card, account number 4003449744834258. a. The date you first used the credit card; b. The date you last used the credit card; c. The amount of charges you made in connection with the credit card; d. The present location of the credit card; and e. The reason you stopped making charges on the credit card ANSWER #6: 7. INTERROGATORY 7: Please state whether you received monthly statements for the Capital One Bank (USA) N.A. credit card, account number 4003449744834258. ANSWER #7: 8. INTERROGATORY 8: Please state whether you received a copy of the cardholder agreement for the Capital One Bank (USA) N.A. credit card, account number 4003449744834258 from Capital One Bank (USA) N.A. and whether you have a copy of it in your possession. ANSWER #8: 9. INTERROGATORY 9: Please state whether you made monthly payments on the Capital One Bank (USA) N.A. credit card, account number 4003449744834258 at issue in this litigation. ANSWER #9: 10. INTERROGATORY 10: If the answer to the preceding interrogatory is in the affirmative please state the following information about the Capital One Bank (USA) N.A. credit card, account number 4003449744834258: a. The date of each such payment made on this credit card account, b. The amount of each payment made on this credit card account, c. Whether you currently have in your possession copies of the checks or the actual returned checks which you sent as payment on this account, d. The date of the last payment you made with respect to this account, and e. To whom each of the payments on the account was made. ANSWER #10: 11. INTERROGATORY 11: Please state the full name and address of each and every person, including yourself, who signed the application for the Capital One Bank (USA) N.A. credit card, account number 4003449744834258 ANSWER #11: 12. INTERROGATORY 12: Was the application for the Capital One Bank (USA) N.A. credit card, account number 4003449744834258, made over the telephone or through the use of the Internet. ANSWER #12: 13. INTERROGATORY 13: If at any time since the date you applied for or received the Capital One Bank (USA) N.A. credit card, account number 4003449744834258, you did not make the monthly payments, please describe in detail your reason for not doing so. ANSWER #13: 14. INTERROGATORY 14: Please describe by full name, residential address, name of employer, business address, and relationship (if any) to you, each person whom you expect to call as an expert witness at the trial of this action and with respect to each such expert witness, please state the subject matter on which each such expert is expected to testify, the substance of the facts and opinions to which each such expert is expected to testify, and the summary of the grounds for each opinion to which each expert is expected to testify. ANSWER #14: 15. INTERROGATORY 15: Please describe by full name, residential address, name of employer, business address, and relationship (if any) to you, each person whom you expect to call as a witness, at the trial of this action and with respect to each such person, please state in detail the substance of the facts to and/ or about which each such person is expected to testify. ANSWER 15: 16. INTERROGATORY 16: If you believe that a sum of money is due the Plaintiff, with respect to the Capital One Bank (USA) N.A. credit card, account number 4003449744834258, at issue in this litigation, but that the amount due is different than the amount claimed by the Plaintiff in the complaint and/ or Statement of Damages, please state the amount that you believe to be due and describe in full and complete detail and with particularity the method by and manner in which you calculated said amount. ANSWER #16: 17. INTERROGATORY 17: Did you ever authorize a person other than yourself to utilize the Capital One Bank (USA) N.A. credit card, account number 4003449744834258 at issue in this litigation, to incur charges. If so please state the full name and addresses of each such person and when they used the credit card. ANSWER #17: 18. INTERROGATORY 18: Please state to your knowledge whether any person(s) other than yourself ever used the Capital One Bank (USA) N.A. credit card, account number 4003449744834258, without your permission or made charges to your account that you did not authorize. ANSWER #18: 19. INTERROGATORY 19: If the answer to the proceeding interrogatory is in the affirmative please state the following information regarding unauthorized use of the Capital One Bank (USA) N.A. credit card, account number 4003449744834258: a. The full name and address of each such person; b. The date and time each such charge was made; c. The amount of each unauthorized charge; d. The nature of the goods or services charged to the account in an unauthorized manner; e. The manner in which the person(s) obtained your credit card or credit card account number in order to make the charges; f. Whether you reported the unauthorized use of the credit card to Capital One Bank (USA) N.A.; g. The full name of each person to whom you reported the unauthorized use of your credit card; h. The manner you reported the unauthorized use of your credit card; i. The date you reported the unauthorized use of your credit card; and j. What if anything was done by Capital One Bank (USA) N.A. regarding the unauthorized charges to your account. ANSWER #19: 20. INTERROGATORY 20: If you or anyone on your behalf, ever disputed any amount or item charged Capital One Bank (USA) N.A. credit card, account number 4003449744834258, at issue in this litigation please state in detail and particularity the following information: a. Identify the date of each such disputed charge; b. Identify the amount of each such disputed charge; c. Identify the merchant, individual, firm or entity identified as making each such disputed charge; d. Whether each such disputed charge was made in writing; and if so, identify the date of each writing and the person or entity to whom such writing was directed; and e. The results of each such dispute; or if any such dispute has not been resolved please identify each of those disputes which have not been so resolved ANSWER #20: 21. INTERROGATORY 21: Please state in detail and with particularity each and every reason why you feel you do not owe the Plaintiff the amount of money alleged in their complaint in this action to be due and owing on the Capital One Bank (USA) N.A. credit card, account number 4003449744834258. ANSWER #21: