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Found 293 results

  1. So my MSC with Pride Acquisitions is September 5. I just rec'd interrogatories from them. I also got a call from them wanting to settle...their offer is $15,000. Alleged original balance was 34K. My answer to that was not only did I not have that kind of money, but that why would I give them 15K when I had no idea if they even have the right to collect on this (Chase was the original creditor, and they charged this off ages ago) and even if they did, it's doubtful they paid more than a couple grand for the account. The account manager's answer was that Pride WILL get a judgment against me, and even if I can't pay it, they don't care, they just want the lien. The rest of my credit is good, and while I don't want to file BK, I am afraid of what will happen if they really do get a judgment against me. I have no assets and no property, but I don't want bank liens and all that. Argh. I'm assuming once I fill out the interrogatories, the next step on Pride's part is they will want to depose me. Sorry for the rambling post...just feeling overwhelmed and unsure how to proceed. Part of me would like to just settle, but I don't have more than 10% of the original balance to offer. Thoughts? Thanks for your time!
  2. Hello, Before I knew that I could fight these card lawsuits, I didn't do anything because I was scared and didn't think I could fight anything. At the time, I was also in a debt settlement program that told me "not to worry" as it would all be taken care of through the program. Anyway...there's a judgment against me from Four Seasons Investments, LLC through Shapiro Law Office. It was filed through the District Magistrate on 4/28/11, and then in the Court of Common Pleas in the county I live in on 11/10/2011. I didn't think anymore of it until I received a set of Interrogatories from Shapiro Law Office the end of July...with a letter stating... "As judgment creditor, Four Seasons Investments, LLC has a right to ask questions about your income and assets. Enclosed is a set of Interrogatories that, by law, you must answer and return to this law firm within thirty (30) days of the date of this letter. In lieu of providing formal responses to the enclosed Interrogatories, please contact our office, as we have been directed to conduct meaningful settlement discussions. Our client is willing to accept either a lump-sum settlement or monthly installment payments to satisfy the judgment entered against you." At the bottom of the letter is the following statement... Notice: This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. Attached is an 11 page document with 33 questions to answer. Please help!! I'm all beside myself about this! How does this get handled? Here are the questions being asked in case this helps at all... 1. State your full name, address, age, telephone number and Social Security Number: 2. State the name(s), address(es), and age(s) of your present and/or former spouse and your children, if any: 3. With whom do you live? 4. What is your occupation? 5. If you work for someone else, state the name of your employer, the address where you work, they type of work you do, your gross pay per week and your take-home pay per week. If you receive commissions from your employer, state the average amount of suc commissions you receive each week: 6. If you are self-employed, state the nature of your self-employment, the address of your office or place of business, the fictitious name under which you trade, if any, your average gross annual earnings, and your average net annual earnings: 7. Are you a principal of a closely help corporation? FYI...this doesn't apply to me 8. State your gross taxable income as shown by your Federal Income Tax returns for the past two years: 9. What is your present average monthly income from all sources: 10. What is the present average monthly income of your household from all sources? 11. Do you pay rent for your present living quarters? FYI...don't pay rent 12. Do you own the home in which you now live? If so, state: a. Who has title to the home in which you now live? b. When was the property purchased, what was the purchase price, by whom was it paid and what was the source of the funds used? c. Is there a mortgage on the property? If so, state the name and address of the mortgagee, the amount of the original mortgage, the current mortgage balance, and the monthly mortgage payments. d. What is the current market value of the home in which you live? 13. Have you, or has anyone on your behalf, conveyed of transferred any interest in any real estate to anyone within the last three years? Doesn't apply to me 14. Do you own a motor vehicle of any interest in a motor vehicle either individually or jointly with another person or entity? I don't think this applies to me as both cars are titled to my husband 15. Identify all items of tangible personal property having a value of $100 or more which you either own individually or jointly with another person or entity including, but not limited to, jewelry, furs, furniture, office equipment, television sets, radios, record players, electrical appliances, power tools, photographic equipment, works of art, musical instruments, coin or stamp collections, silver or china,; and for each item state the purchase price and date of purchase; the approximate value of each item; the seller of each item; by whom each item was purchased; the source of funds used to purchase each item; the nature and extent of your interest in each item; the nae address, and telephone number of any joint owner; the location of each item; the amount due on any outstanding purchase money security interest, conditional sales agreement, lease/sale agreement, or other encumbrance; the name and address of the secured party, conditional seller or lessor; and all documents relating to the purchase and ownership of each item. Attach a separate sheet of sheets of paper if necessary. 16. Do you own or maintain any savings or checking accounts, certificates od deposit, money market acocunts, mutual fund accounts, or IRA or Keogh accounts, either individually or jointly with another individual or entity or in the name of any entity in which you have ownership interest or other involvement? If so, as to each such account or certificate state: a) The identity of the institution in which you have the account The title and number or identifying reference of the account or certificate c) The identity of any joint owner of the account or certificate and the nature of your joint ownership 17. Have you any uncollected debts, accounts receivable, or other monies that are due you? Doesn't apply to me 18. Are there any unsatisfied judgments of record in your favor in any action or have any judgments been assigned to you by anyone? If so, identify the judgment debtor, the amount, and the case caption int he court in which it was filed. 19. Have you any right, interest, financial advantage or prospect thereof under any contract, insurance or other claim, cause of action or pending lawsuit in the courts of this or any other state or in the federal courts? If so, identify the cause of action or pending lawsuit and identify the parties involved. FYI...filed affirmative answers in a Main Street Acquisition suit 20. Are you the beneficiary of any trust? Doesn't apply 21. Have you received any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since December 31, 1999? Doesn't apply 22. Do you have a will? FYI...no I don't 23. Are you the beneficiary under an insurance policy on the life of any other person? Not to my knowledge, I'm not 24. Do you have any insurance on your own life? Doesn't apply as I don't 25. Do you own or have any interest in any other assets not already disclosed? If so, please identify the same and current location I don't think this applies to me either 26. What money have you received and what money have you spent sine December 31, 1999> 27. Do you owe any federal, state or local taxes? If so, identify each taxing authority, the period for which the taxes are due, and the amount of taxes due. 28. Are you owed any federal, state or local tax refund? If so, identify each taxing authority, the period fr which taxes are due you and the exact or estimated amount of the refund. 29. Do you make, or are you under obligation or order to make any child or spousal support payments? This doesn't apply to me 30. Do you owe anyone money? If so, identify each creditor by name and address, the amount due, and the terms of repayment. (attach a separate sheet if necessary) 31. Other than the judgment in this case, are there any pending suits, actions, legal proceedings or judgments on record against you or any company or entity in which you have an interest? If so, for each judgment please state: a) The identity of the suit, action or legal proceedings relating to the judgement, including the title, the court in which it is filed, and the court term and number The amount and date of the suits, actions, legal proceedings, or judgment 32. Is any judgment creditor currently attempting to execute on any judgement or secure information to aid in execution of any judgment? Not to my knowledge; this is the only one that I know of 33. List any other liabilities or obligations not already disclosed. So that's it....what now? Any and all help will be greatly appreciated!! Thanks for your time!
  3. So I filed my response and received in the mail today a Request for Admissions (35 days), with 17 points that all basically say you owe X amount of dollars, or you do not deny you owe, or you have not paid, or etc... also Request to Produce 1. invoices 2.statements 3.cancelled checks used 2 pay 4.contracts and agreements 5.all correspondence 6. all correspondence sent 7.entire file concerning 8.payable ledger 9.written objections you get the point also Notice of Service of Interrogatories (30 days) 13 different things basically who will i call, who pays the bills, who did i talk to etc.. TO REVIEW.. this is an original creditor..I am trying to push my court date back as far as possible.. Is there a noncommittal way to answer these to stall for time.. If I do not respond at all, do they win or is it just more paperwork. Is there paperwork I should ask for... When I look at the case online there is no court date set.. unless I am looking in the wrong spot..(Florida) basically i have not received ANYTHING from the court except the summons Thanks for your help
  4. OK, I have searched but have found no answers to certain questions so here goes: I was served last week with a discovery request along with an interrogatories request that is due back to the court by August 27. 1. The language is (I'm sure intentionally) convoluted, stating "You are hereby commanded to appear by filing a written answer" so just want to make sure I'm correct in the assumption that I don't actually have to appear in person, just that I make sure my answers are in the courts hands by deadline - correct? 2. The pages are stapled and stamped throughout are the words "Service Copy, Do Not Separate Papers". Am I supposed to fill out the questions on this copy and return this copy? Or am I supposed to create another document to send to them? 3. Do I also send my answers to the law firm as well as the court? Obviously all will be sent via certified mail... 4. Is now a time to file a countersuit that they are past the statute of limitations? Plus they ignored my DV letter last year and filed the suit without responding to it at all... I've contacted a couple of lawyers because this is more than I'm able to make my little brain understand, but with the amount being only $2600 I doubt one would be interested, plus I'm not at all interested in filing bankruptcy and it looks like that's what they try to get you to do. This is literally the only cc I had back when I lost my job in 2007. Thanks in advance for any help or advice...like many other newbies on this board, there are questions about the bones of defending against this type of thing that I'm sure many think are elementary but I'm seriously confused and lost.
  5. Hello All: Plaintiff's sent me Interrogatories back in Feb 2012 I sent them my Interrog"s. A week later. Plaintiff(s) could not answer my Interrog's in a timely manner,so they filed a continuance and deemed my Admissions withdrawn. April 2012 a Judge granted them (7) days, and withdrew my admissions,(Question's I answered). I answered the Plaintiff's Interrog's in a timely manner. PLaintiff's have now sent me the Exact Same Set of Questions/Interrog's in July 2012 same format, same numbering, almost looks as if they re-sent the Original Interrog's out the door twice. Should I answer them, Is this a Viable Legal tactic... Also, They could not Provide Proof of Ownership/Assignment... I filed a "Motion to Compell Documents" after several month's of pursuading. Plaintiff's showed up to court with an "Affidavit of Sale" from Minnesota, notarized, Signed by Theodore Anderson with no purchase amount.No signature from Buyer aknowledging the Purchase. No Purchase agreement,Terms of Sale, No info on the Signor as to how to contact this person for deposition........ I will send Plaintiff's a second set of Interrog's asking them all sorts of "Q"s about this "affidavit of Sale"....... Any Feedback on this would be Greatly Appreciated Thanks N.G.D
  6. Should I put in the interrogatories..that I think the sol is up on this debt ? Or just bring it up to the judge? Thank you
  7. Being sued by FIA card services /Bank of America CC Agreement states must be settled thru arbitration forum JAMS AAA Filed MTC Filed response to Plaintiffs MSJ Paid Jams fees/Plaintiff sent second notice/has not paid Judge has not ruled on MTC. MSJ/MTD - Case on inactive calendar Now Plaintiff requests interrogatories etc and in the event of denial of any of the matters herein stated, and subsequent proof thereof by Plaintiff , as per Rule 37© AZRCP, requests this court order requiring Defendant to pay the reasonable expenses incurred in making said proof, including attorney fees. Plaintiff has failed to provide proof that he owns this debt. Yes, I have received the usual affidavit and a CC application and statements for 3 months. Nothing more. This CC originated in 2003-2004. Why now do I have to provide the information this JDB has refused to provide to me upon my request from him? How would I proceed in answering the interrogatories that I do not want to answer. And personal information about who I was married to and proof there of and divorce proof? I do not feel he is entitled to this personal information along with my proof of documentation. As my MTC PCA has not been ruled on and this matter cannot be settled in a court of law...why all these requests as though it were going to be settled in court? Please advise if this situation is a common one and if why and how I should respond. Thanks
  8. I am waiting for the Judge to rule on my MTC PCA and the JDB sends me first Discovery Questions. Do I need to respond to these requests?
  9. Here are my responses SO FAR. I plan to mail them off this WEEK. Please review and make suggestions or comment. Security Credit Services (debt collector) is suing me. They allege its a WF account they purchased or was assigned. Never had an account with WF but did have one with Wachovia. Wachovia was purchased by WF. The purchase occurred after my Wachovia account defaulted. TIA. Interrogatory No. 1. Identify all persons who participated in the preparation of the answers to these interrogatories. Husband and Wife Request for Admission No. 1. You are a resident of the county in which this suit was filed. Defendant admits Plaintiff's request for admission number 1. Request for Admission No. 2. You signed the original application for the Card in the county in which this suit was filed. DENY – The original application was not attached to the complaint or the request(s), and there is insufficient information to allow Defendant(s) to properly admit or deny. Therefore, we must respectfully deny. Request for Admission No. 3. You used the Card to make purchases or obtain extensions of credit in the county in which this suit was filed. DENY - The original application was not attached to the complaint or the request(s), Defendant(s) state after a reasonable inquiry, the information known or readily obtainable by them is insufficient to enable them to admit or deny this request. Therefore; we deny. Interrogatory No. 2. If you contend or believe that venue of this action is not proper in the county in which this suit was filed state the factual basis of any such contention or belief. Defendant does not contend the venue of this action is not proper in the county in which the suit was filed. This contention in no way is intended as an admission of Defendant(s) obligation to this alleged debt. Request for Admission No. 4. Defendant applied to Issuer for issuance of the Card. DENY - The original application was not attached to the complaint or the request(s), and after a reasonable inquiry, the information known or readily obtainable by them is insufficient to enable them to admit or deny this request. Therefore; we deny. Request for Admission No. 5. The Card was issued to Defendant. DENY - The original application was not attached to the complaint or the request(s), Defendant(s) state after a reasonable inquiry, the information known or readily obtainable by them is insufficient to enable them to admit or deny this request. Therefore; we deny. Request for Admission No. 6. Defendant received the Card. DENY - The original application was not attached to the complaint or the request(s), Defendant(s) state after a reasonable inquiry, the information known or readily obtainable by them is insufficient to enable them to admit or deny this request. Therefore; we deny. Request for Admission No. 7. Defendant accepted the Card. DENY - The original application was not attached to the complaint or the request(s), Defendant(s) state after a reasonable inquiry, the information known or readily obtainable by them is insufficient to enable them to admit or deny this request. Therefore; we deny. Interrogatory No. 3. If Defendant denies having received the Card identify any persons whom Defendant believes may have received the Card. Defendant(s) are unable to answer this request, and are unaware of any persons who could have received the card at this time, as we have no information on this alleged account. This contention in no way is intended as an admission of Defendant(s) obligation to this alleged debt. Request for Production No. 1. If Defendant denies having received the Card please produce all correspondence between Issuer and Defendant. The Defendant(s) have no documents to provide this request. Request for Production No. 2. If Defendant denies having received the Card please produce Defendant’s checking account records for the period for the last five years. OBJECTION; Irrelevant, immaterial, and not likely to lead to the discovery of admissible evidence. Request for Admission No. 8. Defendant signed the back of the Card. DENY - The original application was not attached to the complaint or the request(s), Defendant(s) state after a reasonable inquiry, the information known or readily obtainable by them is insufficient to enable them to admit or deny this request. Therefore; we deny.
  10. Hello all! I had a previous thread that many of you helped me formulate my answer. I have now received my Interrogatories and such. I was hoping you would do the same and help me formulate answers for this also. The OC was Chase but the JDB is Midland. I will list the questions below. 1. State your full name, current address, SSN, DOB, and phone number 2. Provide the names, address and telephone numbers of all person who assisted you in responding to these combined interrogatories, requests for admissions and requests for production of documents. 3. Provide any other legal names by which you may have been known. 4. Identify your current employer, job title, and length of employment at your current job. 5. Admit you applied for credit with Chase Bank USA 6. If you deny request for Admission No. 5 please state, with particularity, the basis for such denial. 7. Admit the account was opened on June X, 20XX 8. If you deny request for Admission No. 7 please state, with particularity, the basis for such denial. 9. Admit that you used the credit card described herein to make purchases. 10. If you deny request for Admission No. 9 please state, with particularity, the basis for such denial. 11. Admit you received periodic statements for the account. 12. If you deny request for Admission No. 11 please state, with particularity, the basis for such denial. 13. Admit that you were responsible to pay the total balance due on the account, including interest, as prayed for in Plaintiff's request. 14. If you deny request for Admission No. 13 please state, with particularity, the basis for such denial. 15. Admit that not all payments on the account were made in a timely manner. 16. If you deny request for Admission No. 15 please state, with particularity, the basis for such denial. 17. Admit you failed to pay the total amount due on the account. 18. If you deny request for Admission No. 17 please state, with particularity, the basis for such denial. 19. Admit the Plaintiff is now the owner of the account, having acquired all right, title & interest in the unpaid credit card debt. 20. If you deny request for Admission No. 19 please state, with particularity, the basis for such denial. 21. Admit the balance now due and owing on the account is the amount prayed for in the Plaintiff's complaint. 22. If your answer to request for admission no. 21 is a denial, state the amount which you admit is currently due and owing and fully explain your reasons why this amount is due and owing rather than the amount set forth in Plaintiff's complaint. 23. State with particularity the basis of any denials stated in your answer to Plaintiffs complaint. 24. State, with particularity, the basis of any affirmative defenses asserted in your answer to plaintiff's complaint. 25. Produce copies of any and all documents that you plan to introduce at any trial or hearing on this matter. 26. Identify all individuals with direct knowledge of this matter, as well as those individuals you intend to call as a witness at any trial or hearing in this matter. 27. Prodcue any and all written documents currently in the possession of Defendant and/or agent relative to the account in question, including, but not limited to letters, notes pertaining to phone calls, cancelled checks, statements, agreements or any other written correspondence or evidence establishing that you do not owe the balance as prayed for in Plaintiff's complaint. Any and all help is appreciated.
  11. I cannot find in AZ RCP Rule 33, 34 if Interrogatories, Admissions and Production of Docs (responses) need to be notarized. Attorney requested responses be answered fully in writing and under oath? Does the Judge get sent a copy as well? Hopefully someone can help me-thanks
  12. Admissions, Interrogatories and Production of Documents Being sued by FIA card services /Bank of America CC Agreement states must be settled thru arbitration forum JAMS AAA Filed MTC Filed response to Plaintiffs MSJ Paid Jams fees/Plaintiff sent second notice/has not paid Judge has not ruled on MTC. MSJ/MTD - Case on inactive calendar Now Plaintiff requests interrogatories etc and in the event of denial of any of the matters herein stated, and subsequent proof thereof by Plaintiff , as per Rule 37© AZRCP, requests this court order requiring Defendant to pay the reasonable expenses incurred in making said proof, including attorney fees. Plaintiff has failed to provide proof that he owns this debt. Yes, I have received the usual affidavit and a CC application and statements for 3 months. Nothing more. This CC originated in 2003-2004. Why now do I have to provide the information this JDB has refused to provide to me upon my request from him? How would I proceed in answering the interrogatories that I do not want to answer. And personal information about who I was married to and proof there of and divorce proof? I do not feel he is entitled to this personal information along with my proof of documentation. As my MTC PCA has not been ruled on and this matter cannot be settled in a court of law...why all these requests as though it were going to be settled in court? Please advise if this situation is a common one and if why and how I should respond. Thanks
  13. Husband got a large envelope in the mail over the weekend from the wonderful law office suing him. He had his pretrial on the 8th, in which the 'lawyer' shows up in shorts and a t-shirt (really?) Nothing new in the file which lead me to believe they have nothing. Just cracked open the envelope and I think they are trying to bury him the legalize and a boat load of papers. Included where the plaintiff's witness list, exhibit list, an offer to settle, request for production of documents, interrogatories, request for admissions, statements from 3/2008 to 3/2009, an 'updated' statement of account and several bill of sale and assignments. Of course on the bill of sale neither his name nor account number is listed ANYWHERE. They bought 215 accounts according to the purchase agreement. Here are the request for admissions: 1.You have heretofore received referenced originals of each invoice and/or statement of account prior to payment default by you. are they asking if he got the credit card statements? 2. Each of the documents attached hereto is a genuine original document or true copy thereof. is this even a question? 3. that each fiscal related document attached hereto as exhibits 1 to 20 is a genuine original document or a true copy thereof. again is this a question? 4. plaintiff and defendant entered into the fiscal transaction described in said documents aforesaid. Denied 5. defendant received the fiscal services described in the attachments to these requests for admission. Denied? 6. The charged items as shown in the attachments to these requests for admission (see exhibits 1-20) were those actually made by defendant on the defendant's account with plaintiff. From the few they sent there are no charges that where made on this card except the OC's credit protection plan he was enrolled in 7.The computations by which the principal balance due to the plaintiff's instant civil matter was calculated are accurate. Denied how the heck am i suppose to know that? 8. The balance sued for in the action is due and owing by the defendant to the plaintiff based upon a pre-existing fiscal relationship between the parties as described in the aforesaid plaintiff records. Denied 9. Defendant has never notified plaintiff of any claims of unauthorized use by any third party or credit fraud prior to this lawsuit. that's true but are they referring to themselves or the OC? 10. written demand has been made by plaintiff upon defendant for payment of the claim that is the subject of this action more than thirty (30) days prior to the dates of this lawsuit. DENIED He never got anything in the mail, that I can recall, from plaintiff. 11. defendant is not entitled to any credits, setoffs, except those which have already been credited, deducted, etc. again where is the question? 12. there are no documents, writings, letters, records, or papers of any kind which defendant intends to utilize as evidence of or a basis for any defense in this action. I have no idea 13. interest on the claim asserted by plaintiff due in the amounts established by applicable law, and by the charges shown in the attachments to plaintiff's complaint, or those attached to these request for admissions. could I have a question please? 14. every statement or allegation contained in plaintiff's complaint is true and correct. Denied Not sure how answer a couple of those since they don't seen to be in the form of a question but if not answered then will result in an 'admission of fact'.
  14. Hi - I had responded to Plaintiff Interrogatories (Midland Funding) but they have come back with the following: Please be advised that your answers to Interrogatories 1-7 are non-responsive. As such, Plaintiff requires more responsive answers. Interrogatory 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 and addresses of persons present, or involved in the conversations. Attach hereto copies of all writings. My Answer: Interrogatory No. 1 is objected by the Defendant on the grounds that it is seeking information that is not currently available. The Parties are currently performing Discovery; relevant documents have still not been produced by the Plaintiff. When Discovery is completed with the Plaintiff, Defendant will have defenses in this action and will provide defenses to the Plaintiff if requested through Discovery. Defendant reserves the right to update the response to Interrogatory No.1 in the future. Plaintiff Response: Interrogatory 1 requests to set forth all facts in support of each defense which you intend to claim in this action. You object on the grounds that this information is not available. However, by filing an Answer in response to Plaintiff's complaint, you are asserting you dispute your liability regarding he subject Chase Bank A/c No. xxx and represent that there is a factual basis on which you rely to support your claim. Interrog 1 asks for information to elaborate upon and substantiate your claim. -------- Interrogatory 2, 3, 5 asks for information regarding the balance claimed in Plaintiff's complaint. You object on the basis that Plaintiff has not provided any proof supporting same. However, this interrogatory seeks information that already be known to you. Please provide fully responsive answers to Plaintiff's interrogatories. ----- Interrogatory 6 requests for documentation evidencing your residency between the dates of Dec 6, 2006 and May 31, 2010. If said documentation is no longer in your possession, the Interrogatory asks to list each address. You object on the basis that this information is irrelevant with regard to the issues of this action. However, Plaintiff seeks to compare your address(es) with the address on file wiht the original creditor while the subject account was active ------ Interrogatory 7 asks for details of any checking account utilized in 2009. Again, you object on the grounds that this information is irrelevant. In propounding this interrogatory, Plaintiff seeks to compare your Bank statements with the payment history for the subjecct account and, if necessary, subpoena this information at the time of trial. The Interrogatory clearly related to and issue of fact admissible at the time of trial. -------- I need to respond before June 14. Somebody, please help me in formulating strong responses. In addition, Plaintiff set aside my Interrogotaries, Admissions and Req for Documents because it was submitted after the 30 day window. HELP - WHAT SHOULD I DO NOW????
  15. When do I get to ask for Interrogatories etc.??? May Need some help with some of these other questions. (Requests for Interrogatories)++ Also, This Plaintiff has requested that in the event of a denial of any of the matters herein stated, and subsequent proof thereof by Plaintiff. Plaintiff will pursuant to rule 37© AZRCP request this court to enter its order requiring Defendant to pay the reasonable expenses incurred in making said proof, including attorney fees. 1.State your full name, date of birth and ss # 2.List all other names which you have been known 3.State Present residence , phone # and cell # 4.For your present spouse and for each former spouse, state the following: Name , birth date & SS#, address and date of marriage 5. Date of dissolution of marriage 6. Identify and attach all documents in your possession demonstrating the date of your marriage 7.Admit that you had a cc with the Plaintiff 8. Admit that you entered into a contract with Plaintiff for a consumer credit card to purchase merchandise, services or cash advances 9. Admit that you are obligated to pay the Plaintiff 10. If you deny the preceding request for admissions, explain the reason for denial. 11. Admit that you presently owe XXXXXXXXX on subject cc 12. If you deny the preceding request explain and state the correct amount you owe 13. Attach and identify all docs in your possession that support your contention of the correct amount due. 14. Admit that you received a statement from Plaintiff stating XXXXXXXX was due for merchandise, service and cash advances 15. State in detail each and every fact upon which you base each affirmative defense alleged in your response pleading 16. Identify and attach all documents that support or relate to in any way to each affirmative defense and or counterclaim 17. State the name address and phone # of current employer. My CC agreement is with B A FIA is listed as Plaintiff and I know there maybe some confusion on my part here, however, BA has charged off this account. Plaintiff is not honoring the terms of the CC agreement. Plaintiff has not responded to JAMS request for $$ I Initiated and paid fee in March
  16. A partner and I started a residential development corporation, a Alabama S corp, to develop a residential housing subdivision. It done well to start then the bubble burst. My partner went bankrupt and left me holding the bag since we had both signed personal guarantee. After about a year I couldn't hold on and tried to work out a deal with the bank to take the property back as a deed in lieu of foreclosure, they did not want to do that so I let them foreclose. My attorney failed to file the paperwork and they got a default judgement against the corporation. Since then they are trying to get a judgement against me personally, we appeared in court for summery judgement about 4 months ago and don't have a ruling yet. Our argument was that I owed about 850,000 on the property they had it appraised for 950,000 they have not sold it yet so they don't have a lose as of yet. I went to the probate court house pulled the tax records and the bank still owns it and they had told me they sold it. When I got home from that court hearing in the mail I received a Tax Statement Form 1099-c: Cancellation of Dept in the amount of 297,000. Now they have sent me Post Judgement Interrogatories and request for Production of Documents. Since they have cancelled the dept can they still try to collect?
  17. Hello, I have received the following Interrogatories & Admissions from Midland and could use some help answering them. I reside in the State of Nebraska. Any help would be greatly appreciated. INTERROGATORY NO. 1: State your Full Name INTERROGATORY NO. 2: What is the address of your place of residence? - (They sent this request to my address, so they should have it.) INTERROGATORY NO. 3: Please state name and address of any and all financial institutions, banks, credit unions, or delayed-deposit services utilized or patronized in the pas five years by the defendant, including, but not limited to institutions holding checking, savings, money market or certificate of deposits accounts on behalf of defendant. INTERROGATORY NO. 4: Did you make any payments to the Plaintiff's Assignor, Credit One Bank, N.A.? INTERROGATORY NO. 5: If so, as to each payment state: a. The date; b. The amount; c. Manner of payment; i.e. check, money order, cash etc.; d. Whether you have receipt thereof; e. Will you attach a true copy of same to your answers herein without the necessity of amotion to produce? INTERROGATORY NO. 6: If you deny owing the balance Plaintiff claims due from you in its Complaint, please state: a. Your basis for denial; b. The amount you admit owing to Plaintiff and the calculation you have used. INTERROGATORY NO. 7: Did you respond in the negative to any part or portion of the plantiff's Request for admissions herein? if so, as to each negative response, set forth fully each and every fact on which you rely in support of your responses based on your personal knowledge and experience the above matter and all records that you have material thereto. The Next Page is Request For Admissions: Request No 1.: Plaintiff is a banking association existing under the laws of the United States. Request No 2.: Defendant is a resident of (My county), Nebraska Request No 3.: That the Defendant entered into a contract under terms of which a credit card was issued to Defendant by plaintiff and that Defendant was extended credit by Plaintiff's assignor, Credit One Bank, N.A. Request No 4.: That the Defendant did purchase goods and/or services on credit granted by the Plaintiff's assignor, Credit One Bank, N.A.. Request No 5.: That the Defendant did obtain cash advances on credit granted by the Plaintiff's assignor, Credit One Bank, N.A.. Request No 6.: That there is a balance of $849.23, past due and owing to the plaintiff representing both the charges and/or advances made by the Defendant against credit granted by the Plaintiff and other charges and fees as allowed by the contract. Request No 7.: The Plaintiff is entitled to interest at the rate of 6% per annum, ($.14 per diem). Request No 8.: That due demand has been made by the plaintiff upon the Defendant more than ninety days prior to the filing of Plaintiff's original Complaint. Request No 9.: That the Defendant is not a member of the Armed Forces of the United States or it's Allies (I'm Not) Request No 10.: That the Defendant has no affirmative defenses to the Plaintiffs Complaint (I do, I submitted them in my answers to the Complaint) Request No 11.: That the Defendant admits all allegations contained in the Plaintiff's Complaint
  18. I am being sued by attorneys in PA for a debt. OC was Chase Bank NA, they sold it to a JDB who sold it to another and this is the one who is suing me. I've already won at the District Justice level, but they've appealed and now it's at the County Court level. I'm in Pennsylvania and so is the JDB. I've been given a Request for Discovery and interrogatories. I'm very confused on how to answer some of the questions. I've done a lot of research on these boards (it's amazing how knowledgeable some of you are!!!!) but I didn't find any questions like mine. As for the debt, I don't believe that I owe it. I had a Chase card at one time, but not with this kind of balance. The only examples that the attorneys have included (as exhibit are statements from 2008- 2010 and they start with a balance of $7,500 and work up to $8,700. Never showing any purchases - only showing late fees, automatic payments (which were reversed for insufficient funds) and fees for that. The statements don't indicate how the account got to $7,500. I've attached a copy of the Request for discovery. Any advise any of you can give would be truly appreciated. Thank you!!!
  19. Hello, This is my first post on this forum. I am being sued by Pressler for Midland Funding in Ny State. I was served a summons and complaint and properly answered it and filed with the court. After I sent in the answer to the complaint I received from Pressler first an offer to settle for the total balance of the debt stated. Right after that (the next day) I received (through regular mail) Interrogatories to answer and Notice to Admit Truth Of Facts. Both of these documents are accompanied by a cover letter that say they must be answered within 20 days and returned to the office signed and sworn before a notary. My question now is this. Since this was sent to me regular mail, Is this a legitimate way of sending this to me and do I have to answer when sent to me this way? I was not actually served these papers or did not receive them certified mail. How would they know what date even starts the 20 day timeline or if I ever even received it? Thanks
  20. Wife received a Summons to Answer Interrogatories in late March, it is from a debt owed to a Auto Finance company; I can give details about it if you ask, short story, she had a payment plan going last year, I lost my job, our income took a hit, she couldn't pay it, they wanna get serious with her about paying. After reading all the great info on this site/forum, I asked her if she received anything in writing that would have allowed her to answer in written format, she says she never received anything, now they (CA/attorney) sent her a Summons to Answer Interrogatories (rubber stamped on front, "YOU MUST COME TO COURT"), at bottom left, Writ of Fieri Facias to any authorized officer, with a date of 3-19-2012 and a clerk's signature. On back, upper left a section titled: To the Judgment Debtor and then a paragraph about wife's right to request the hearing be transferred to a "more convenient location" (my paraphrase) and then lists instructions on how to present the request, stating how to present "good cause", number of copies to be made, etc. Okay...I helped her to draft the request to move the hearing letters, I found out by talking to clerk of court (where they WANT TO have the hearing) that the decision will be made on the day of the hearing by the judge as to if he/she will grant her request to change the location. My BIGGER question is this: No matter what location she goes to, HOW does she answer the interrogatories in person? What kinds of questions are they going to ask her face to face and how can she prepare? (are the questions different than what she could have anwered on paper?) Sorry for the length of email, just wanted to give you experts enough info to comment back. I/WE certainly appreciate any help/feedback we can get.
  21. So after I sent in my answers to their interrogatories the first time, Pressler said my answers were non-responsive so with the help of the forum I answered them again and they accepted 2 out of the 3. Here is the one that they said is still non-responsive: 1. Set forth with specificity all facts in the support of each defense and/or claim which the defendant has in the above-entitled matter including dates, places, names and addresses of persons present or involved in any actions and/or conversations. Answer the first time: ANS. OBJECTION. Overly broad, burdensome, vague and premature. Defendant has not asserted any valid affirmative defenses. Defendant cannot formulate a response to "persons present or involved in any actions or conversations" as it is ill defined and generally lacks any specificity. Answer the second time: Defendant has not asserted any affirmative defenses and has no information regarding dates, places, names and addresses of persons present or involved in any actions and/or conversations. Now they've filed a "Motion for More Responsive Answer to Plaintiff's Initial Interrogatory". The motion says that if I want to respond to the motion I must do so in writing in the form of a Certification or Affadavit. ~~~~~~~~~~~~~~~~~~ ALSO, I've also received a letter that Pressler sent to the Court requesting "that the matter be adjourned by reason of outstanding discovery as Plaintiff has requested more responsive answers to interrogatories previously served upon Defendant."' So this just means that they want the court date pushed back right and not a request for summary judgement? ~~~~~~~~~~~~~~~~~ And LASTLY, this is the part that really angers me. I sent Pressler Interrogatories and a request for production of documents on April 19th. Pressler responded to my request of the documents a few days later saying that it was inappropriate for me to ask for those pursuant to the rules of the court. Oops my bad. However they never responded to my interrogatories so I waited. I sent them a letter on March 23rd saying that I was still not in receipt of their answers to my interrogatories and attached a copy of them and that they had 10 days to respond before I proceed with the court. They sent me a letter saying that my claim of sending them the interrogatories on April 19th is false and that they would not answer ones I sent them on May 23rd (even though they were a copy) because they were served outside the time allowed by the rules of the court. I absolutely sent both the interrogatories and the production of documents on the same day regular mail (same format they sent theirs). What should I do now? Thanks for all that made it through this very long post.
  22. Hello all: I'm trying to get together my responses to the mountain of Discovery, Production & Interrogatories that Levy and Associates for Cavalry Portfolio Services (for an alleged BOA account) sent to me. I'm getting together an election of arbitration letter but I need to get the responses out to these guys so I don't risk a default judgement (It's close to the deadline for responses). Please take a look at these and what responses I do have and please help me to fill in the blanks giving me advice on what I've already answered. REQUEST FOR ADMISSIONS Request #1: Admit that the Defendant applied for a credit card and/or charge account (herinafter referred to as “Account”) with Bank of America/FIA Card Services, N.A., account #xxxxxxxxxxxxxxx. ANSWER: OBJECTION: Defendant has stated for his Answer that he is without information to form a belief as to the truth or falsity of the Credit Card referenced in the Complaint. After reasonable efforts to ascertain relevant information the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore denies the same. Request #2: Admit that you were issued a credit card/charge account by Bank of America/FIA Card Services, N.A., account #xxxxxxxxxxxxxxx. ANSWER: OBJECTION: Defendant has stated for his Answer that he is without information to form a belief as to the truth or falsity of the Credit Card referenced in the Complaint. After reasonable efforts to ascertain relevant information the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore denies the same. Request #3: Admit that you received monthly statements from Bank of America/FIA Card Services, N.A. indicating all of the charges you made on said account. ANSWER: OBJECTION: Defendant for his answer has stated that he is without knowledge to form a belief as to the truth or falsity of the allegations contained in REQUEST FOR ADMISSION NO. 3. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same. Request #4: Admit that you charged items on the Account with Bank of America/FIA Card Services, N.A., account #xxxxxxxxxxxxxxx. ANSWER: Defendant is unaware of having ever borrowed any money from Bank of America/FIA Card Services, N.A.. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same. Request #5: Admit that Defendant has never notified Bank of America/FIA Card Services, N.A. or Plaintiff of any dispute concerning the debits or credits to this Account. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #6: Admit the Defendant is not entitled to any credits, offsets or deductions that have not already been granted by Bank of America/FIA Card Services, N.A. and Plaintiff. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #7: Admit that Plaintiff is the owner of Defendant’s Bank of America/FIA Card Services, N.A. Account, account #xxxxxxxxxxxxxxx. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #8: Admit that you owes Plaintiff the sum of $xxxxxx plus interest at the rate of 3% from xx/xx/xxxx on Defendant’s Bank of America/FIA Card Services, N.A. Account which is the subject of this action. ANSWER: OBJECTION: Defendant for his Answer has denied knowledge sufficient to ascertain the truth or falsity of the Plaintiff assertions. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same. Request #9 Admit that there are no documents, writings, letters, records or papers of any sort which Defendant intends to utilize as evidence of or as the basis for any defense in this action. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #10: Admit that there are no facts upon which Defendant relies as a basis for any defense in this action. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #11: Admit that every statement or allegation contained in Plaintiff’s complaint is true and correct. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #12: Admit that Cavalry SPV I, LLC has complete authority to sue, collect, settle, adjust, compromise and satisfy the Account. ANSWER: --------->>>>>>>>>>>>>> (any ideas?) Request #13: Admit that the balance herein sued for is due and owing by Defendant to Plaintiff and that you have made no payments to either Plaintiff or Bank of America/FIA Card Services, N.A. to be applied against the balance on credit card/charge account #xxxxxxxxxxxxxxxx since xx/xx/xxxx ANSWER: --------->>>>>>>>>>>>>> (any ideas?)
  23. Civil lawsuit with JDB of which I sent just over 30 interrogatories to Plaintiff, and they responded with Objections and Motion to Strike Defendant's Interrogatories. I see under FL Rules of Civil Procedure, 30 includes subparts which I just went over. How does one respond to this? Can I amend my Interrogatories and resubmit? I can't find what options are available under FL Civil Rules of Procedure. Also, the Plaintiff responded to my Request For Admissions, but failed to respond to my Request for Documents/Production, it has been 35-40 days. Can I send a 2nd Request for Production along with new Interrogatories?