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jennalynn495

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  1. Great!! Thank you for the information BTO! I have a question about this part of the answer to one of the interrogatories: 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. Answer: Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgement, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff. When it says post judgement does that mean after they have obtained a judgement again me? If so, they haven't yet...and hopefully won't. Should I change this to pre judgement?
  2. Thank you!! I have put this: "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." as the response to their requests for admission. Is it better to write this or just simply state DENY?
  3. Ok thank you!! would this be appropriate? Objection. As per Rule 2.309 Defendant has not been provided a copy of the agreement.
  4. Bruno I am not sure what you mean. Sorry I am still new to this Should I change my responses to the interrogatories?
  5. This is what I have typed up so far. Does this look like it would be appropriate? DEFENDANT’S RESPONSES TO PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS NOW COMES the Defendant, Jennalynn495, pro se, pursuant to MCR 2.309, 2.310, and 2.312, responds to Plaintiff’s, LVNV Funding LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows: RESPONSES TO REQUESTS TO ADMIT 1. You personally opened the Credit Card in your name. Response: 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. 2. The Credit Card was issued on the Account. Response: 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. 3. You received the Credit Card. Response: 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. 4. You received the Cardholder Agreement regarding the Credit Card Account. Response: 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. 5. You activated the Credit Card. Response: 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. 6. You used the Credit Card. Response: 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. 7. You made one or more payments on the Account after using the Credit Card. Response: 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. 8. Plaintiff is the current owner of the debt owed on the Account. Response: 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. 9. Plaintiff is the correct entity entitled to receive payment on the Account. Response: 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. 10. You personally used the Credit Card to make purchases and/or receive cash advances. Response: 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. 11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the Account. Response: 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. 12. You defaulted in making payments to the Issuer for charges incurred on the Account. Response: 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. 13. The balance on the Account on the date the Issuer charged off the Account was $690.34. Response: 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. 14. The current balance on the Account is $944.37. Response: 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. 15. You received a Demand Letter from Plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the Demand Letter is attached as Exhibit A. Response: Exhibit A was never received by Defendant. RESPONSES TO INTERROGATORIES 1. When did you first open the Account (number xxxx-xxxx-xxxx-xxxx)? Answer: The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves the existence of this account the Plaintiff should already have this information. Burden of proof rests with the Plaintiff. 2. (a) What do you believe the current balance of the Account is at this time? (b)How did you calculate the amount? Answer: 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. 3. Did you ever object to any billing statements you received from the Issuer regarding the Account? If so, state the date and substance of each such objection and attach copies of the objections(s). Answer: The Defendant has never received any billing statements that may pertain to the alleged debt, therefore the Defendant cannot answer this question. 4. With respect to the Account, other than the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. Answer: 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. 5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the Issuer for the Account. Answer: 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. 6. If you admitted Request to Admit #7, please identify the date the payment was made. If any personal checks were used to make the payment on the Account, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006. Answer: Objection. Irrelevant, will not lead to any legal conclusion. 7. State every address you have lived at since May 17, 2006. Answer: Objection. Irrelevant, will not lead to any legal conclusion. 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. Answer: Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgment, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff. 9. If you claim you are entitled to any credits on the Account, state the nature and the amount of the credits and how they were calculated. Answer: Defendant has denied the alleged debt, why would she claim any credits on an account that she has denied? If such information becomes known to the Defendant during these proceedings the Defendant reserves the right to claim any credits. 10. If you denied Request to Admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. Answer: Objection. Calls for legal conclusion. Defendant disputes the alleged account. 11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. Answer: 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. 12. If you admit that you owe the Debt on the Credit Card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer Plaintiff. Answer: Objection. Leads to no legal conclusion. This type of questioning is irrelevant post judgment. If a judgment is rendered against the Defendant he will then discuss this answer with the Plaintiff. 13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. Answer: Objection. Overly burdensome. The fact that the Defendant has any documents is enough in its self, when and where the Defendant obtained them is irrelevant. 14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. Answer: None 15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. Answer: 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. RESPONSES TO REQUESTS FOR PRODUCTION 1. All documents, including billing statements and Cardholder Agreement(s), related or pertaining to the account. Response: 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. A copy, front and back, of the Credit Card. Response: Objection. The Plaintiff should already have this information, the Plaintiff is on a fishing expedition. The burden of proving an existence of such credit card rests with the Plaintiff. 3. Copies of all correspondence received from the Issuer or other third parties related to collection of the Account. Response: 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. Copies of all letters or correspondence from you to the Issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the Account. Response: 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. 5. All correspondence from you to any third party, other than your attorney, pertaining to this Account. Response: 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. 6. If you deny having received or used the Credit Card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. Response: Objection. Violates Defendant’s privacy. 7. Any and all documents identified or referred to in response to Plaintiff's requests for admission, interrogatories, and request for production. Response: Defendant has none. 8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. Response: Defendant has none. 9. All documents you intend to rely upon or introduce into evidence at trial in this matter. Response: Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. 10. A list of any and all witnesses you plan to call for testimony at trial in this matter. Response: Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation.
  6. How does this look? Request to admit: 1. You personally opened the credit card in your name. 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. 2. The credit card was issued on the account. 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. 3. You received the credit card. 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. 4. You received the cardholder agreement regarding the credit card account. 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. 5. You activated the credit card. 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. 6. You used the credit card. 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. 7. You made one or more payments on the account after using the credit card. 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. 8. Plaintiff is the current owner of the debt owed on the account. 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. 9. Plaintiff is the correct entity entitled to receive payment on the account. 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. 10. You personally used the credit card to make purchases and/or cash advances. 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. 11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account. 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. 12. You defaulted in making payments to the issuer for charges you incurred on the account. 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. 13. The balance on the account on the date the issuer charged off the account was $690.34. 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. 14. The current balance on the account is $944.37. 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. 15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A. Exhibit A was never received by Defendant. Interrogatories: 1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves the existence of this account the Plaintiff should already have this information. Burden of proof rests with the Plaintiff. 2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount? 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. 3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). The Defendant has never received any billing statements that may pertain to the alleged debt, therefore the Defendant cannot answer this question. 4. With respect to the Account, other than the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. . 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. 5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. 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. 6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006. Objection. Irrelevant, will not lead to any legal conclusion. 7. State every address you have lived at since May 17, 2006. Objection. Irrelevant, will not lead to any legal conclusion. 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgment, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff. 9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated. Defendant has denied the alleged debt, why would she claim any credits on an account that she has denied? If such information becomes known to the Defendant during these proceedings the Defendant reserves the right to claim any credits. 10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. Objection. Calls for legal conclusion. Defendant disputes the alleged account. 11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. 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. 12. If you admit that you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. Objection. Leads to no legal conclusion. This type of questioning is irrelevant post judgment. If a judgment is rendered against the Defendant he will then discuss this answer with the Plaintiff. 13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. Objection. Overly burdensome. The fact that the Defendant has any documents is enough in its self, when and where the Defendant obtained them is irrelevant. 14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. None 15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. 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. Request for Production: 1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account. 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. A copy, front and back, of the credit card. Objection, the Plaintiff should already have this information, the Plaintiff is on a fishing expedition. The burden of proving an existence of such credit card rests with the Plaintiff. 3. Copies of all correspondence received from the issuer or other third parties related to collection of the account. 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. Copies of all letters or correspondence from you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account. 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. 5. All correspondence from you to any third party, other than your attorney, pertaining to this account. 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. 6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. Objection irrelevant, the Plaintiff is using this question to gain information in a false light, disguising it to obtain financial information that is not legally obtainable post judgment. The Plaintiff is using underhanded techniques and trying to gain information by disguising questions that will give them access to information that they do not need to know at this time. 7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production. Defendant has none. 8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. Defendant has none. 9. All documents you intend to rely upon or introduce into evidence at trial in this matter. Defendant has none. 10. A list of any and all witnesses you plan to call for testimony at trial in this matter. Defendant has none.
  7. Thank you so much Anon Amos and BTO! BTO you say to motion for a protective order from the court. What exactly does this mean? Thanks again!
  8. This is what I have come up with so far INTERROGATORIES: 1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? Defendant does remember opening the account. 2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount? Defendant does not believe there is a balance. 3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). Defendant does not recall receiving billing statements. 4. With respect to the Account, other than the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. Defendant is not aware of any other party attempting to collect this alleged debt. 5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. Defendant made no transactions and does not have any statements. 6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006. Defendant does not have a bank account. 7. State every address you have lived at since May 17, 2006. Irrelevant. 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. Defendant is currently unemployed. 9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated. Defendant is not aware of any credits. 10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. Not sure how to answer this 11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. None 12. If you admit you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. Defendant does not admit. 13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. There are no documents in defendant’s possession. 14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. No one other than defendant answered these interrogatories. 15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. ??? not sure about this
  9. I changed my responses to the admissions and production of documents. Would these responses be appropriate in Michigan? Request to admit: 1. You personally opened the credit card in your name. 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. 2. The credit card was issued on the account. 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. 3. You received the credit card. 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. 4. You received the cardholder agreement regarding the credit card account. 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. 5. You activated the credit card. 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. 6. You used the credit card. 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. 7. You made one or more payments on the account after using the credit card. 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. 8. Plaintiff is the current owner of the debt owed on the account. 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. 9. Plaintiff is the correct entity entitled to receive payment on the account. 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. 10. You personally used the credit card to make purchases and/or cash advances. 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. 11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account. 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. 12. You defaulted in making payments to the issuer for charges you incurred on the account. 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. 13. The balance on the account on the date the issuer charged off the account was $690.34. 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. 14. The current balance on the account is $944.37. 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. 15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit 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. Now for INTERROGATORIES: 1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount? 3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 4. With respect to the Account, other then the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. 5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. 6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006. 7. State every address you have lived at since May 17, 2006. 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated. 10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. 11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. 12. If you admit the you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. 13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. 14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. 15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. Request for Production: 1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 2. A copy, front and back, of the credit card. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 3. Copies of all correspondence received from the issuer or other third parties related to collection of the account. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 4. Copies of all letters or correspondence from you to the Issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 5. All correspondence from you to any third party, other than your attorney, pertaining to this account. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 9. All documents you intend to rely upon or introduce into evidence at trial in this matter. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control. 10. A list of any and all witnesses you plan to call for testimony at trial in this matter. After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.
  10. Hi Everyone, I am new here. Well, this is my first post but I have been reading these forums for a few months and have found some great advice! I received a summons from LVNV Funding, LLC. and the alleged debt is an Orchard Bank credit card from 2006. I have answered the complaint and just received Requests to Admit, Interrogatories and Requests for Production. I was hoping someone could tell me if these answers are sufficient. I sent my own discovery today. I am in Michigan. Thanks in Advance!! Request to admit: 1. You personally opened the credit card in your name. DENY 2. The credit card was issued on the account. DENY 3. You received the credit card. DENY 4. You received the cardholder agreement regarding the credit card account. DENY 5. You activated the credit card. DENY 6. You used the credit card. DENY 7. You made one or more payments on the account after using the credit card. DENY 8. Plaintiff is the current owner of the debt owed on the account. DENY 9. Plaintiff is the correct entity entitled to receive payment on the account. DENY 10. You personally used the credit card to make purchases and/or cash advances. DENY 11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account. DENY 12. You defaulted in making payments to the issuer for charges you incurred on the account. DENY 13. The balance on the account on the date the issuer charged off the account was $690.34. DENY 14. The current balance on the account is $944.37. DENY 15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A. DENY Now for INTERROGATORIES: I am not sure how to respond to these. 1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount? 3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 4. With respect to the Account, other then the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. 5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. 6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006. 7. State every address you have lived at since May 17, 2006. 8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated. 10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. 11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. 12. If you admit the you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. 13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. 14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. 15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. Request for Production: Can I just simply state I do not have any of these documents? 1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account. 2. A copy, front and back, of the credit card. 3. Copies of all correspondence received from the issuer or other third parties related to collection of the account. 4. Copies of all letters or correspondence from the you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account. 5. All correspondence from you to any third party, other than your attorney, pertaining to this account. 6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. 7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production. 8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. 9. All documents you intend to rely upon or introduce into evidence at trial in this matter. 10. A list of any and all witnesses you plan to call for testimony at trial in this matter.
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