Search the Community

Hi all, I really wish I had come across this site sooner than my deadline (tomorrow) to respond to the interrogatories, production, and admissions because I would have been able to sift through more responses here. Would anyone be willing to review what I have answered (many from this site, thanks!) and help with some answers that I have left out? I lost some steam and ideas to respond with around #8. I've "beat" the rent a lawyer from this office once in small claims and had a case dismissed but this one is large enough to be in Civil Court and I don't want to shoot myself in the foot so to speak. STATE OF VERMONT SUPERIOR COURT ) CIVIL DIVISION WASHINGTON UNIT ) DOCKET NO. Wncv ) Name ) Defendant, ) ) v. ) ) PORTFOLIO RECOVERY ASSOCIATES, LLC ) Plaintiff DEFENDANTS RESPONSE TO FIRST INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUEST FOR ADMISSIONS Defendant, (name), pro per, pursuant to V.R.C. P 33 and 34 responds to first request within thirty (30) business days of service. INTERROGATORIES Identify the person(s) who prepared and or assisted in any way defendant's answers to these interrogatories. Answer: Myself, (named) 2. State your full name, current address, and work address. Answer: Stated name, current address, OBJECTION: The information sought is improper as it goes toward post judgment remedies. 3. For each response to Plaintiff's request for Admission that is other than an unqualified admission, identify each fact to support defendant's denial or other response, identify each person who witness or otherwise has knowledge of such facts, and identify each document evidencing, constituting or otherwise relating to such facts. Answer: OBJECTION: Defendant's responses will be adequately detailed in the answer to the plaintiff's request for Admission. Defendant is not required to refute the plaintiff's claims; the plaintiff is required to prove them. 4. Identify all persons with whom defendant has communicated with relating to the subject matter of this litigation and the subject matter of any such communication. Answer: OBJECTION: relevancy to the litigation. 5. Identify any individual that the defendant is aware that has knowledge of the facts and circumstances of this case. Answer: OBJECTION: relevancy to litigation. 6. If you have lawsuits pending in which you are either a plaintiff or defendant, kindly state the following for each, name of lawyers, parties, nature of claim, date of incident, status of case where (name of court) suit is pending; any lawsuits against you personally, include all details; any payments to other creditors by defendant, details of dates and amounts, whether under other court orders and whether you have ever filed bankruptcy. Answer: OBJECTION: relevancy. Defendant is not aware of any lawsuits currently pending and has not filed bankruptcy. 7. Kindly list each and every address wherein you reside from Jan 1 2006 to the present. Answer: Defendant provides the following addresses: (listed) 8. Please list each and every person who you authorized to use with is the subject matter of this litigation, state whether you gave that person possession of your credit card Synchrony Bank Walmart credit card account ending in 0522, list that date that you revoked that persons authorization to use the credit card account. Answer: 9. If you claim that you filed a written dispute with Plaintiff, about any items appearing on your monthly billing statements, please provide the date that you sent the written dispute; the address that you sent your written dispute to; a description of you dispute; the name of the person or entity that you sent your dispute to; whether you received a response to the written dispute; and what the outcome of your dispute was. Answer: OBJECTION: the lack of any objection by a defendant does not prove the plaintiff's case of Account Stated. 10. If there are any payments which you allege you have not been credited for, please list each payment by date, amount, and payee. Answer: At this time defendant is not aware of any uncredited payments. 11. If you claim that you are not responsible for the amount claimed in the Plaintiff’s complaint, please identify the person or entity that you feel should be responsible for paying the amounts charged to your credit card account. Answer: DENIED to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven. 13. Please state all the facts supporting each defense that you are not responsible for the Synchrony Bank Walmart credit card account ending in 0522 balance upon which the plaintiffs claim is based. Answer: DENIED to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven. 14. Please identify all documents,, correspondences business entries, or other writing that you will be relying on for you defense of this claim. Answer: DENIED, as stated, above, to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven 15. If you will be relying upon any verbal communication for your defense of this case, please provide concise statement of the substance of each such verbal communication and state the name and address of the person making such statement. In your answer indicate what that person(s) connection is to the Plaintiff and/or to defendant. Answer: Defendant does not have a record of verbal communication at this time. 16. If you dispute any of the charges to Synchrony Bank Walmart credit card account ending in 0522, which is the subject matter of this lawsuit, please identify each charge, the amount of the charge, and explain why this is not owed to the Plaintiff for these charges. Answer: DENIED to the extent that payments to the original creditor, the ACCOUNT, are immaterial to the extent that it has no bearing on the instant action, the purpose of which is to establish that Portfolio Recovery now owns said account and is supposedly entitled to collect, a fact which is yet unproven 17. If you dispute the interest rate to Synchrony Bank Walmart credit card account ending in 0522, which is the subject matter of this lawsuit, please identify the disputed interest rate, the first date that the defendant disputed the interest rate, why the defendant believes the interest rate should be different, and what the defendant feels the correct balance due is with calculated interest. 18. If the defendant disputes the over limit charges please explain, identify and itemize all of the over the limit charges that are to be disputed for the Synchrony Bank Walmart Credit card account ending in 0522 ending in 2183. 19. If anyone investigated this matter for you, state their names, address, and state whether such investigation was reduced to writing. If said investigator obtained any signed statement or recorded statement, identify the person who gave the statement and give a brief synopsis of the statement. 20. Do you receive any exempt income? 21. Are you employed? If yes please provide the average weekly or bi weekly salary. 22. Do you own real estate? If yes please provide the form of ownership (Tenants by the Entirety, Trust etc) 23. If the defendant owns real estate in any form please provide the amount of equity that the defendant has in the real estate. 24. Please identify each individual that you intend to call as a witness in this action and please provide a brief description of the nature of their testimony. 25. Please identify any and all expert witness the defense intends to call and please provide a brief description of the nature of their anticipated testimony. REQUEST FOR PRODUCTION Identify and produce copies of documents that show use of and payments made on Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available. 2. Identify and produce copies of documents that provide payments made on Synchrony Bank Walmart credit card account ending in 0522. If in the form of a check please produce copies of all checks used to make payments on the Synchrony Bank Walmart credit card account ending in 0522. If in the form of a money order please produce copies of all money orders used to make payments on the Synchrony Bank Walmart credit card account ending in 0522. If payments were made electronically over the phone and authorized EFT and /or ACH payments please produce copies of Bank Statements evidencing payments made on the Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 3. Identify and produce any documents that relate in any way to any dispute as to charges, account balance, over the limit fees, late payment fees, and interest rates on purchase and/or cash advances pertaining to the Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 4. Identify and produce any documents relative to Request 3. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 5. Identify and produce all documents that are admissible to show that defendant is not liable to the Plaintiff for the amount of the damages the Plaintiff claims for Synchrony Bank Walmart credit card account ending in 0522. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 6. Identify and produce each and every document related to defendants source of exempt income if any. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 7. Identify and produce documents that relate in any way to any witnesses Defense intends to call to testify at trial. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 8. Identify and produce all documents that Defense intends to use at trial. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available 9. Identify and produce a copy of a Deed to any real property that the Defense owns. Defendant has no such documents in nirs possession at this time. Defendant reserves the right to amend nirs responses per the rules of civil procedure if such documents become available REQUEST FOR ADMISSIONS That the defendant obtained a credit card from Synchrony Bank walmart credit card account ending in 0522. NO. 1: DENIED to the extent that no application was attached hereto for evaluation. 2. That defendant has not disputed having Synchrony Bank Walmart credit card account ending in 0522. NO. 2: DENIED to the extent that no admissible evidence establishing use of the unproven account was provided for evaluation. 3. That defendant currently resides at 182 VT. NO. 3: DENIED. The address provided in the request is not the defendant's address. Defendant’s address has been correctly provided in the Interrogatory. 4. That defendant previously resided at VT. NO. 4: ADMITTED. Defendant previously resided at VT 5. That defendant received the notice from the original creditor Synchrony Bank that Synchrony Bank Walmart credit card account ending in 0522 was sold to Portfolio Recovery Associates LLC on 6/22/17. The notice is dated Jun 30 2017 NO. 5: DENIED. 6. That the defendant used and made payments on a Synchrony Bank Walmart credit card account ending in 0522. NO. 6: Admitted in part to the extent that no liability for any such payment has been established, therefore no payment is required. DENIED in part to the extent that Plaintiff has produced no admissible evidence establishing ownership or liability. 7. Each month received monthly billing statements credit card account for defendants Synchrony Bank Walmart credit card account ending 0522 at the address of VT 05602 and (address). NO. 7: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 8. The monthly billing statements show a monthly credit transaction on the Synchrony Bank Walmart credit card account ending in 0522. NO. 8: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 9. The monthly billing statements also shows the accumulated balance due on the Synchrony Bank Walmart credit card account ending in 0522. NO. 9: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 10. The monthly billing statement shows the interest charged on the Synchrony Bank Walmart credit card account ending in 0522. NO. 10: OBJECTION No admissible evidence was attached hereto which would allow defendant to make an informed response. 11. That defendant never sent a written dispute to the Plaintiff concerning any items appearing on the monthly billing statements for the account Synchrony bank walmart credit card account ending in 0522. 12. Defendant did not protest any items appearing on the monthly billing statements for the Synchrony bank walmart credit card account ending in 0522 because defendant (is accused) to be responsible for the use of the account and the amount due and owing. 13. That there are no payments made by you or anyone else on your behalf for which the Plaintiff did not credit the Synchrony Bank Walmart credit card account ending in 0522. 14. You were making payments, but at some point you stopped making your monthly payments on the Synchrony Bank Walmart credit card account ending in 0522. 15. Your last payment on your Synchrony Bank Walmart credit card account ending in 0522 was on January 12, 2016 in the amount of $158 16. You never made another payment after January 12, 2016 17. That you owe the amount claimed in the Plaintiff's complaint, $6098.78 plus costs. 18. That there are no disputed material facts requiring a trial. 19. That you admitted being the card holder of the Synchrony Bank Walmart credit card account ending in 0522 in the answer to the complaint.

I was recently served papers and am being sued by Portfolio Recovery Associates, LLC. Please help! I cannot afford an attorney & Any help on how to respond would be greatly appreciated! They have sent me a 1-11 request for admissions as well as 1-5 First Set Of Interrogatories & 1-13 Request For Production. This is very overwhelming.

Am new to this site, apology in advance if I am not initially following the "norm", am a quick learner. Have reviewed many threads for dealing with Portfolio Recovery with Forster garbus and garbus, regarding JDB tactics. Received complaint from Portfolio last month. Following many on this site, I responded to the complaint with denials as PRA has provided nothing to substantiate debt nor agreement with debtor. Court date is schedule in October 2016. This week received request for admissions as well as First Set of Interroggatories. Not surprisingly, many of the lines used are repeated in other states threads on this site which implies this is still in semi automated phase. Little background: Amount JDB looking to collect 750.00 State filed NJ Special Civil Part Complaint filed/ Response filed in time at courthouse with copies certified to PRA Initial assessment of both requests is leading and trick questions I should be VERY cautious to respond. Looked into Jams as option based on threads by Bruno the JDB Killer but it appears the credit card agmt with US Bank allows for arbitration but only if the amount exceeds the limits of small claims courts. In this case, it does not, so am I correct in assuming I will have to continue with this current charade until our October court date? Am I understanding the arbitration agreement correctly? See link below: https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_05_USBHEALTHCARE.pdf?locatio Assuming I cannot elect JAMS at cost of $250 verified in JAMS consult today, can someone offer example responses to these BS interrogatories and admissions after the complaint response I sent clearly stated there is nothing to substantiate any claims (PRA provided nothing in original complaint) Here are some of the questions that seem perplexing to me: State the address (es) at which the defendant resided in the last 10 years? (what's with this? address is the same for last 20, but why are they asking and am I ok to state same as addressed on complaint?!) Does the defendant acknowledge that defendant entered into an agreement with Portfolio recovery Assoc, LLC assignee of US bank National ASssoc? (NO!! I will not acknowledge as burden if proof is on them! So is there a basic denial or objection I can use? Did defendant at anytime receive any written communications from Portfolio Recovery Assoc LLC assignee for US Bank National Assoc? (yes, they have sent recurring notices that I owe this debt but I ignored as I did not recognize. Note: I did not ask for validation in time. So do I say yes I got your robo form notice with little data? the only other written communication was the initial complaint with the courts! If the response to Rog 5 is yes, identify the written communication recieved and produce true copies. (the true copy of the initial complaint is all I have outside of this latest bs) Did defendant ever receive monthly payments from portfolio recovery ..... (Outside of a the vague robo produced debt collection notice I got nothing) if answer is yes>>>>>> Did the defendant ever make any payment to portfolio recovery....? (no none ever made because I didn't know wth this debt was for) ADMISSIONS ARE AS FOLLOWS: You applied for credit privileges or took money advances under a credit card or line of credit or promissory note loan with portfolio recovery a$$ llc assignee of US Bank National Assoc. (Why would I answer this when my complaint clearly stated they provided nothing to substantiate this debt? Its like they are just trying to infuriate me with bs questions they know THEY have to answer!) You were extended monies under portfolio recovery.,.... (no I was not ever) You are person authorized by made purchases and or received cash advances or took money advances under a credit card or line of credit or promissory note with portfolio recovery.... (where is the proof assholes?) You received monthly statements concerning portfolio recovery assoc......specifying previous balance new purchases payments finance charges minimum payments new balance or line of credit promissory note. (NEVER) You promised to repay for the monies extended by portfolio recovery assoc.....(I never met, spoke, signed, called, paid portfolio anything!!) You did not contest the amounts reflected on the monthly statements within 60 days as provided by law. (Am lost on this one. WHo are they referring to?) This sum alleged to be due and owing on portfolio recpvery....in this complaint is accurate. (I have NO idea of accuracy) This balance due as set forth in the last monthly statement sent by portfolio recovery a$$...before referral to collection in the amount of 750 is in fact due and owing. (are you kidding me?) Last, because the amount is so small, I understand interrogs in special civil are limited to only 5 questions....this I assume is once we get to court proceedings? I did not file a motion to dismiss for lack of standing, any recommendations at this stage? Do I file for interrogatories and use exactly what they sent me? Do I send admissions same time as they did me and what might I want them to admit outside of being aggressive AHs. Do I send a request for documents? and are any of the above to be filed with the courts prior to the court date? as I see it they do not, and exchanges will go back and forth for the next 2 months until the court date or one does not respond in timely fashion. trying to stay cool, but after taking days to get the response to the original complaint together and then getting over the anger of knowing how much time I have to spend with this when they bear the weight of proof, well, its a headache for sure. Bruno if you're out there, I'd love to hear from you. anyone else with similar experience, I look to your advice. I have to respond to these in less than 14 days, all responses will be appreciated!

(Initially, I posted this in another thread, below is what I posted there) Facts: my case is limited - under $25k, I already had my CMC, they sent me their discovery but I overlooked it and I am now past my 30 days (at about 50 days). I was just served a second time with a copy of the original discovery packet along with a cover letter that states the following: "Under section 2033.280(b), Defendant waived their right to object to any of the requests we propounded on behalf of our client. Accordingly, we now demand that they serve us with their response to request for admissions on or before ______ date WITHOUT OBJECTION." "NOTICE: "The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7 (commencing with Section 2023.010). The court shall make this order, unless it finds that the party to whom the requests for admission have been directed as served, before the hearing on the motions, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion." (C.C.P. 2033.230 (b) AND (c).) Questions: 1) Where do things stand? Can I still object/deny their interrogatories and admissions? (I can still respond by the date they are now demanding) 2) If I am able to object/deny, can I send them a BOP along with my response? It seems that some of the good objections in this thread refer to the BOP. 3) What does the "monetary sanction under chapter 7" mean exactly? Does it mean that even if I file chapter 7 bankruptcy they can still collect? It would be great to hear from you @calawyer and @shellieh98 !!!

Hello Everyone I firstly wanted to say THANK YOU ALL for this amazing forum. Because of you guys I now have the knowledge to take on these jerks! I'm in the discovery phase of my case, and I wanted to check with you all on the wording of my documents and also get help with being 'disrespectfully respectful' in my interrogatories haha. This is actually the second time PRA is suing me for the same debt, which I wasn't sure they could do because of res judica. But because they just sell it to other JDB's apparently the cycle can just continue on and on. Blehhhhh. So in my answer to PRA, I chose to deny everything. I also didn't give any affirmative defenses. For the Request of Admission, I denied all the allegations because they haven't proven standing/ownership of the account. All they sent were billing statements with my name and former address showing a payment that was made on 11/25/2012, along with one other billing statement with the new outstanding balance. From what I'm seeing, this is pretty standard for some cases, as that's usually all they have. I already sent a BOP Via CMRRR and that's what they sent me in response (two billing statements), even though I also asked for the contract that proves their ownership of the alleged debt and so far have received nothing. I'm working on my own Discovery and would like to send it at the same time as my responses to their Discovery. I still have two weeks before the deadline but If I can get this done I'll send it first thing Monday morning. Here's what I have for my Response to Request for Production of Things: Their requests: 1. All correspondence, whether original or copies, sent by you to Plaintiff PRA or to GE CAPITAL RETAIL BANK and/or to any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxx 2. All correspondence, whether original or copies, sent to you by plaintiff PRA or by GE CAPITAL and/or by any collection agent or agency purporting to act on behalf of PRA or GE CAPITAL within the past 5 years regarding any problem with your former GE CAPITAL credit account number 60xxxxxxx 3. Copies of each canceled check, money order receipt, bank account debit and other similar evidence of payment for the last payment made by you or which was made on your behalf on your former credit account number 60xxxxx with GE CAPITAL. (If you cannot find a copy of the last payment, send a copy of the last payment you are able to locate. 4. Any and all documents supporting the affirmative defenses alleged by you in this action 5. Any and all documents supporting any and all of your general or specific denials of PRA allegations in this action. RESPONDING PARTY hereby answers PROPOUNDING PARTY’s Request for Production: RESPONSE TO REQUEST FOR PRODUCTION NUMBER  1   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   2   : After diligent search and reasonable inquiry in finding requested items, defendant is unable to comply because defendant has none at this time, but if any become known to the defendant during the proceedings the defendant reserves the right to present those documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   3   : Objection. Over burdensome and oppressive. Locating such documents will cost $20/hour for bank to locate evidence of payment among over four years of bank records, as well as the incurring costs for copies of each statement. RESPONSE TO REQUEST FOR PRODUCTION NUMBER   4   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request because defendant has none, as no affirmative defenses were given. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time RESPONSE TO REQUEST FOR PRODUCTION NUMBER   5   : After diligent search and reasonable inquiry in finding requested items, Defendant is unable to comply with request defendant has none. If any become known to the defendant during the proceedings the defendant reserves the right to present these documents at such time The tricky part for me is answering their interrogatories without giving them any ammo. Their Interrogatories: 1. Did you ever submit a request for a credit account to GE CAPITAL RETAIL BANK? 2. Did GE CAPITAL issue a credit account number 60xxxxxx in your name? 3. State the approximate date you opened the credit account (for the purpose of these interrogatories, the credit account shall mean credit account issued to you by GE CAPITAL account number 60xxxxxx). 4. Identify (for the purpose of these interrogatories, identify shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for the credit account. 5. identify each and every person who you ever authorized to use the credit account 6. did you use the credit account? 7. Is $1,5XX.XX, the amount set for in the complaint in this case as the sum owed as of January 19, 2016, your balance due as of that date on the credit account? 8. If you do not agree that $15XX.XX, the amount set forth in the complaint in this case as the sum owed, is your balance due as of January 19, 2016 on the credit account, state all facts upon which you base your denial that the sum of $15XX.XX is your balance due as of January 19, 2016 on the credit account. 9. Did you ever report to GE CAPITAL (for the purposes of these interrogatories, GE CAPITAL shall mean and refer to PRA and/or its predecessor, GE CAPITAL, and/or any collection agent or agency purporting to represent PRA or GE CAPITAL, as to this account) that the credit card for the credit account was lost or stolen? 10. Did you ever report in writing to GE CAPITAL or PRA that there was any problem with the credit account which problem remains unresolved? 11. Did you receive periodic statements from GE CAPITAL regarding the credit account? 12. State the approximate date of your last payment to GE CAPITAL on the credit account. 13. Have you ever corresponded with GE CAPITAL in writing regarding the credit account? 14. Have you ever corresponded with PRA in writing regarding the credit account? 15. State all facts upon which you base your denial of the complaint in this action. 16. State all facts upon which you base each affirmative defense to the complaint in this action Here's what I have so far for my response to their interrogatories: Interrogatory 4: N/A Interrogatory 5: N/A Interrogatory 9: Objection. Argumentatuve and lacking in foundation, as this question assumes facts that are not in evidence. There is nothing in the record that supports the claims made in Plaintiff's question, and these claims cannot be assumed without unfairly prejudicing the Defendant. Interrogatory 10: OBJECTION Argumentative and lacking in foundation, specifically that any such billing statement was received. Again, thank you all from the bottom of my heart for creating this site. I can't thank you enough!

Hello All, I am in the process of responding to a request for admissions and one of the requests is: Admit that you never sent a written dispute if any billing statement within sixty (60) days of receiving that billing statement. I actually did send a letter denying the debt was valid (because I thought it was included in my BK and I still have a copy of it) but I am worried that answering "DENY" will be considered an admission of guilt. Can anyone give me advice on this?

I was hoping to get some help. I have been on this forum for 10+ years reading how you wonderful people help others. It is inspiring. Now I need some help and hope you can get me through this. I am getting sued in NJ for $4078.01 on a defaulted car loan. When this collector first tried to collect, I sent a debt validation letter in March of 2014. They responded to that more than 1 year later with an account payment history, included with a motion to sue. I answered the suit and received a card from the court that scheduled a non-jury trial for 6-22-15 at 9am. Not sure what to do next. Plaintiff sent Interrogatories, Notice to produce and request for admission at the end of April which I have not answered yet. I am thinking about requesting adjournment. Please help. 20150602115323522.pdf

Would someone be kind enough to help me in answering the following (received after I responded to the summons admitting only to my name and county residence): CACH,LLC, Plaintiff, vs Defendant( s). PLAINTIFF'S FIRST SET OF INTERROGATORIES To: me, Defendant(s). Pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extent that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this case. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was furnished by mail… Law offices of --- Attorneys dedicated to debt collection DEFINITIONS A. "Issuer" refers to CITIBANK SOUTH DAKOTA, N.A .. B. "Account" or "the Account" refers to Account Number ************** with CITIBANK SOUTH DAKOTA, N.A.. C. "Card" or "the Card" refers to the [Visa, Mastercard, Discover] card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to me E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiffs behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business addressees) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. I. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means April 9, 2012. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. N. "RF A" is Request for Admission. o. "RFP" is Request for Production. INTERROGATORIES AND REQUESTS Interrogatory No.1: Identify all persons who participated in the preparation of the answers to these interrogatories. 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. Interrogatory No. 3: If Defendant denies having received the Card identify any persons whom Defendant believes may have received the Card. Interrogatory No.4: If Defendant denies having used the Card identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card. Interrogatory No. 5: If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that Defendant disputes. Interrogatory No.6: If Defendant has refused to admit RFA No. 14 state the factual basis of any such refusal to admit. Interrogatory No.7: If Defendant has refused to admit RFA No. 17 state the balance that Defendant believes to have been due on the Account as of April 9, 2012 and explain how such balance was calculated. Interrogatory No.8: If Defendant has refused to admit RF A No. 18 state the date and amount of each payment that Defendant has made on the Account since April 9, 2012. Interrogatory No.9: If you have refused to admit RFA No. 22 state the facts on which you base your refusal to admit. Interrogatory No. 10: If you have refused to admit RF A No. 23 state the facts on which you base your refusal to admit. Interrogatory No. 11: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. Interrogatory No. 12: If you have refused to admit RFA No. 24 state the facts on which you base your refusal to admit. Interrogatory No. 13: Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. InterrogatoryNo. 14: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person's anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. Interrogatory No. 15: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. Interrogatory No. 16: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. Interrogatory No. 17: If you have refused to admit RFA No. 25 then, with regard to each charge comprising the Account which you contend or believe to be unreasonable, state the facts on which you base your refusal to admit. Interrogatory No. 18: Please provide the name and address of any and all banking/financial institutions with which you had an account and/or check writing privileges on September 1,2011. PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS Pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, you are requested to admit the truth of each of the matters stated below and to admit the genuineness of each of the documents that may be attached as exhibits hereto. Pursuant to Rule 1.370 the matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. You are to respond to each of the following requests in writing within the time provided above, by delivering or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason{s) you cannot truthfully admit or deny the matter. DEFINITIONS A.- O. same REQUESTS FOR ADMISSIONS RFANo.l: You are a resident of the county in which this suit was filed. RFANo.2: You signed the original application for the Card in the county in which this suit was filed. RFA No.3: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was filed. RFANo.4: Defendant applied to Issuer for issuance of the Card. RFA No.5: The Card was issued to Defendant. RFA No.6. Defendant received the Card. RFA No.7. Defendant accepted the Card. RFANo.8. Defendant signed the back of the Card. RFANo.9. Defendant used the Card to make purchases. RFANo.10. Defendant used the Card to obtain extensions of credit. RFANo.ll: Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card. RFANo.12: Defendant accepted each such advance on the Account. RFA No. 13: By accepting each such advance under the terms of the agreement applicable to the Account Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in such agreement. RFA No. 14: Until at least the chargeoff date Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account. RFANo.15: Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFA No. 16: Defendant has failed to repay all of the advances made by Issuer on the Account. RFA No. 17: The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $4900 as of April 9, 2012. RFA No. 18: Defendant has made no payments on the Account since April 9, 2012. RFA No. 19: At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff's attorneys requesting payment of the Account. RFANo.20: The Account was sold to Plaintiff. RFA No. 21: The Account was assigned to Plaintiff. RFANo.22: Plaintiff is presently the owner of the Account. RFANo.23: Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint in this case. RFANo.24: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. 25: Each of the charges comprising the Account was reasonable. PLAINTIFF'S FIRST REOUESTS FOR PRODUCTION As to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the Law Offices of, , for inspecting, copying or photographing pursuant to Rule 1.350 of the Florida Rules of Civil Procedure. These requests apply to all described documents and tangible things over which Defendant has possession, custody, or control, and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to Defendant within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase "possession, custody or control" has the meaning set forth in the Definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. Description of document. 2. Date of disposal or loss. 3. Manner of loss. 4. Reason for disposal or explanation of loss. 5. Person authorizing disposal. 6. Persons having knowledge of disposal or loss. 7. Person disposing of document. Authentication and Use at Hearings and Trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. DEFINITIONS REQUESTS FOR PRODUCTION RFP No.1: If Defendant denies having received the Card please produce all correspondence between Issuer and Defendant. RFP No.2: If Defendant denies having received the Card please produce Defendant's checking account records for the period from the account open date through the last payment date, September 1, 2011. RFP No.3: Please produce all billing statements from Issuer to Defendant. RFP No.4: Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RFP No.5: If Defendant has refused to admit RFA No. 16 produce true copies of all payments made on the Account. RFP No.6: If you have refused to admit RFA No. 18 produce true copies of all documents on which you base your refusal to admit. RFP No.7: If you have refused to admit RFA No. 23 produce true copies of all documents on which you base your refusal to admit. RFP No.8: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which any such contention or belief is based. RFP No.9: If you have refused to admit RFA No. 24 produce true copies of all documents on which you base any assertion of a setoff. RFP No.lO: With regard to each expert identified in response to Interrogatory No. l3 please produce: a. the expert's resume or curriculum vitae; b. all non-privileged notes pertaining to the expert's opinions in this action; c. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 11: With regard to each person identified in response to Interrogatory No. 14 please produce: f. the person's resume or curriculum vitae; g. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; h. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; 1. all documents and materials reviewed or relied upon by such person in preparing any such report; and J. all correspondence between you or your attorneys and each such expert. RFPNo.12: Please produce all correspondence between Plaintiff (or any of its attorneys) and Defendant (or any of Defendant's attorneys). RFP No. 13: Please produce all correspondence between Issuer and Defendant. RFP No. 14: Please produce all statements of Plaintiff or any of its attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If you have refused to admit RF A No. 25 produce true copies of all documents on which you base any assertion of a setoff. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was furnished by to: LAW OFFICES OF , Attorneys Dedicated to Debt collection

Hello all. First off; I just want to say that what you people do here is really great. Thank you. I am being sued by Midland Funding. I answered the complaint. Now they have sent me a "request for admissions" and "interrogatories". So much information out there- even on this site. Thought that since my case was unique, I would post questions and see if I could get some help. I do not remember this alleged debt, and am positive it did not occur within the last 5 years. In my response to the complaint, I denied everything (except that I was a legal entity). At the end of the answer I listed affirmative defenses as "failure to state a claim", "lack of legal capacity", and stated that "Based on the lack of information provided by plaintiff concerning alleged debt, defendant cannot properly respond with affirmative defenses at this time. If allowed by the court, the defendant reserves the right to use future affirmative defenses, if applicable; such as Statute of limitations or others that may be applicable when or if proper documentation is provided by Plaintiff". Now for Midlands Request for Admissions: (In the first paragraph they state I have 30 days to provide written responses, or the facts, the truth of which is requested, shall be deemed admitted) Request 1: Plaintiff is a banking association existing under the laws of the United States. (same as in complaint-I agreed to this in my answer by mistake) Request 2: Defendant is a resident of Gage County, Neb. Request 3: That Defendant entered into a contract under the terms of which a credit card was issued to Defendant by Plaintiff and that Defendant was extended credit by plaintiff's assignor CitiFinancial, inc. Request 4: That defendant did purchase goods and/or services on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 5: That defendant did obtain cash advances on credit granted by the plaintiff's assignor, CitiFinancial, INC. Request 6: That there is a balance of $$$$$$, past due and owing to the Plaintiff, representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract. Request 7: That plaintiff is entitled to interest at the rate of 0% per annum, ($0 per deim). Request 8: That due demand has been made by the Plaintiff upon the Defendant more than 90 days prior to the Plaintiff's original complaint. Request 9: That the defendant is not a member of the armed forces of the United States or its Allies. Request 10: That the defendant has no affirmative defenses to Plaintiffs' complaint. Request 11: That defendant admits all allegations contained in Plaintiffs complaint. Then on a separate form was INTERROGATORIES (so do I respond "ANSWER TO INTERROGATORIES" and "ANSWER TO REQUEST" on separate documents?) INT No. 1: State your name Response: INT No 2: What is the address of your place of residence? Response: INT No 3: Please state the name and address of any and all financial institutions, banks, credit unions, or delayed deposit services utilized or patronized in the past five years by the Defendant, including, but not limited to institutions holding checking, savings, money market or certificate of deposit accounts or behalf of the defendant. Response: INT No 4: Did you make any payments to the Plaintiffs Assignor, CITIFINANCIAL? Response: INT No 5: If so, as to each payment state: -A. Date, B. amount, C. manner of payment, D. whether you have a receipt, E. will you attach a true copy of same to your answers herein without the necessity of a motion to produce? Response: INT No 6: If you deny owing the balance the plaintiff claims due from you in its complaint, please state: A: Basis of denial. B: The amount you admit owing to Plaintiff and the calculation you have used. Response: INT No 7: Did you respond to the negative to any part or portion of Plaintiff'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 response based on your personal knowledge and experience the above matter and all records that you have material thereto. Response: Deadline is 30 days after service. Any help I would appreciate.

Hi All, As I'm starting to get familiar with the California CCP and came across this: No request for admission may contain subparts, or a compound, conjunctive or disjunctive question. SeeCode of Civil Procedure§ 2033.060 So I believe this means if I see the words "and", "or", I can object to these grounds correct? Example of one of the Request for Admissions: You applied for and opened a credit card account with BANK OF AMERICA/FIA CARD SERVICES. Is this violating CCP 2030.060? And how can I word out the objections to this? Hope someone is online to respond please. Looking to send this out tomorrow. @calawyer @Anon Amos @Seadragon @racecar @helpme @Scientific anyone?? Truly appreciate it!!

I need to send this in a few days. Please provide suggestions and feedback. Thanks for your time. 1. Admit or deny you had a credit card account with Citi. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. 2. Admit or deny you received a copy of the terms for the credit account. ADMIT or DENY: DENIED 3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the account. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. 4. Admit that you used the Account to obtain goods, services, or money. ADMIT or DENY: DENY - No such written agreement has been appended to the request, therefore defendant must deny. Defendant cannot speculate as to the terms of a document which has not been provided. 5. Admit you received periodic statements from Citi, regarding your account. ADMIT or DENY: DENY-Receipt of statements or any other documents connected to the instant action is a matter for plaintiff to prove. Defendant denies receipt of any such statements. 6. Admit that you did not object in writing to any changes or fees on the Account within 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee. ADMIT or DENY: DENY 7. Admit you stopped making payments on the account. ADMIT or DENY: DENY - No liability has been established, therefore no payment is required 8. Admit that your account was in default. ADMIT or DENY: DENY 9. Admit you are indebted to the Plaintiff, the lawful assignee of CITI, for the full current Account Balance stated above. ADMIT or DENY: DENY - Midland Funding, LLC has produced no admissible evidence establishing ownership of any account which may have been held by Citi in defendant's name. 10. Admit that you have no evidence to disprove or defend against Plaintiff’s claims in the action. ADMIT or DENY: DENY 11. Admit that under the terms of your agreement with the Citi, you agreed to pay interest at the rate stated in the Complaint on the principle balance of your account, plus any additional court costs incurred to enforce the agreement. ADMIT or DENY: OBJECTION - Calls for a legal conclusion, the purvey of which is best left to the trier of fact. Additionally, Citi is not a party to this action

Trying to understand how to respond to interogatoies request for admissions and production in a fcra credit pull case Some of the request seem redundant not asking for actual damages in case not requesting experts for a credit pull case also i think asking for my credit report is not required, since thats what i am suing about asking about jail or prison records and questions is irrelavant to case Exhibit A i never recieved in mail recieved thru email from attorney a piece of mail they say was sent 2 years ago Exhibit B was recieved thru email in a response to a intent to sue letter DEFINITIONS A. “Issuer” refers to Citibank (South Dakota), N.A. B. “Account” or “the Account” refers to the Visa Account ending in 4227 issued by Citibank, N.A. in the name of Philip York. C. “Card” or “the Card” refers to the Visa credit card that was issued on the Account. D. “Plaintiff,” “you,” “your,” or “yours” refers to Philip York. E. “Defendant” refers to LTD Financial Services, L.P. and encompasses any person, employee, or other entity authorized to act on behalf of LTD Financial Services, L.P. these are some interogatories and admissions i have been asked below and not sure how to respond INTERROGATORIES AND REQUESTS Interrogatory No. 1: State every address at which Plaintiff has resided or that Plaintiff has used for any business purpose from January 1, 2009, to the present. RFA No. 1: Plaintiff received the Card. RFA No. 2: Plaintiff activated the Card. RFA No. 3: Plaintiff used the Card. Interrogatory No. 2: If your answer to RFAs 1, 2, or 3 was anything other than an unqualified admission please identify all persons whom you contend or believe may have activated or used the Card. RFA No. 4: Plaintiff applied for issuance of the Account. RFA No. 5: The Account was issued to Plaintiff. RFA No. 6. Plaintiff agreed to pay all charges incurred on the Card. RFA No. 7. Plaintiff agreed to pay all charges incurred on the Account. Interrogatory No. 3: If Plaintiff denies having agreed to pay for all charges incurred on the Card or the Account state Plaintiff’s understanding of his obligations upon using the Card or the Account. RFP No. 1: If Plaintiff denies having received the Card please produce all correspondence between Issuer and Plaintiff. RFP No. 2: If Plaintiff denies having received the Card please produce Plaintiff’s checking account records for the period from January 1, 2008 through and including September, 2009. RFA No. 8. Plaintiff received the attached Exhibit A. Interrogatory No. 4: If Plaintiff denies having received the attached Exhibit A then please state the address at which Plaintiff was residing on August 20, 2010. RFA No. 9. Paragraph 21 of Plaintiff’s Complaint describes the conduct of Defendant on which Plaintiff’s suit is based. RFA No. 10. The two credit inquiries described in Paragraph 21 of Plaintiff’s Complaint are the only actions of Defendant forming the basis of Plaintiff’s claim. RFA No. 11: Plaintiff incurred charges on the Account. RFA No. 12: There were no charges on the Account that were not authorized by Plaintiff. RFA No. 13: By accepting each such charge under the terms of the agreement applicable to the Account Plaintiff became bound to pay the amounts of such charges. Interrogatory No. 5: If Plaintiff denies having accepted each charge on the Account, identify each charge on the Account that Plaintiff disputes and state the factual basis of each such dispute. RFA No. 14: Until at least the date that the Account was charged off to profit and loss Issuer sent to Plaintiff on a monthly basis a statement of charges and balance due on the Account. RFP No. 3: Please produce all billing statements to Plaintiff which pertain to or refer to the Account. Interrogatory No. 6: If Plaintiff’s response to RFA No. 14 was anything other than an unqualified admission state the factual basis of any such refusal to admit. RFA No. 15: Plaintiff did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFP No. 4: Please produce true copies of all correspondence from Plaintiff to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RFA No. 16: Plaintiff failed to pay all of the charges on the Account. RFP No. 5: If Plaintiff’s response to RFA No. 16 was anything other than an unqualified admission please produce true copies of all payments made on the Account. RFA No. 17: In 2010, the Issuer engaged Defendant to collect the Account, Interrogatory No. 7: If Plaintiff’s response to RFA No. 17 is anything other than an unqualified admission state the facts on which Plaintiff bases his refusal to admit. RFP No. 6: If Plaintiff’s response to RFA No. 17 is anything other than an unqualified admission please produce true copies of all documents on which Plaintiff bases his refusal to admit. RFA No. 18: The attached Exhibit A is a true copy of Defendant’s correspondence to Plaintiff dated August 20, 2010. RFA No. 19: The attached Exhibit B is a true copy of Defendant’s correspondence to Plaintiff dated October 5, 2012. Interrogatory No. 8: State all dates on which Plaintiff has been in a state or federal jail or prison from January 1, 2008, to the present. Interrogatory No. 9: For the period from January 1, 2004 to the present state each crime of which Plaintiff has been convicted, whether through bench trial, jury trial, or plea bargain. RFP No. 7: For the period from January 1, 2004 to the present state each crime of which Plaintiff has been charged, other than parking and speeding offenses. RFP No. 8: Produce all documents evidencing any credit denial or credit impairment as a result of the conduct described in Paragraph 21 of Plaintiff’s Complaint. Interrogatory No. 10: If Plaintiff is claiming actual damages in this case please: a. state every dollar of actual damages that Plaintiff claims and explain how all such damages were calculated; b. identify all witnesses to such actual damages; and c. identify all documents that evidence or relate to such actual damages. RFP No. 9: If Plaintiff is claiming actual damages in this case please produce the documents that evidence or support every dollar of actual damages that Plaintiff claims. Interrogatory No. 11: Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. Interrogatory No. 12: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. RFP No. 10: With regard to each expert identified in response to Interrogatory No. 12 please produce: a. the expert’s resume or curriculum vitae; b. all non-privileged notes pertaining to the expert’s opinions in this action; c. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and e. all correspondence between you or your attorneys and each such expert. Interrogatory No. 13: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. RFP No. 11: With regard to each person identified in response to Interrogatory No. 11 please produce: a. the person’s resume or curriculum vitae; b. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; c. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; d. all documents and materials reviewed or relied upon by such person in preparing any such report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 12: Please produce all correspondence between Defendant (or any of its attorneys) and Plaintiff (or any of Plaintiff’s attorneys). RFP No. 13: Please produce all correspondence between Issuer and Plaintiff. RFP No. 14: Please produce all statements of Defendant or any of Defendant’s attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If Plaintiff is seeking mental anguish damages from Defendant, please produce: a. the documents evidencing the specific acts or omissions of Defendant that Plaintiff contends were the cause of such mental anguish damages; b. the documents evidencing the date(s), nature, and duration of the alleged mental anguish damages that Plaintiff contends were caused by each such act or omission; c. the documents evidencing the manner in which such alleged mental anguish caused any disruptions in Plaintiff’s daily routine; d. the documents evidencing all mental and physical health care and counseling that Plaintiff received in connection with such alleged mental anguish damages; e. the bills for all mental and physical health care and counseling that Plaintiff received in connection with such alleged mental anguish damages; f. the receipts for all medications that Plaintiff claims to have taken in connection with such alleged mental anguish damages; g. any other documents evidencing such alleged mental anguish damages; and h. a medical authorization in the form attached hereto for every mental and physical health care professional who has counseled or treated Plaintiff in connection with or as a result of such alleged mental anguish damages. RFP No. 17: If Plaintiff is seeking compensatory damages for economic or pecuniary loss from Defendant, please produce: a. the documents evidencing the specific acts or omissions of Defendant that Plaintiff contends were the cause of such alleged economic or pecuniary loss; b. the documents evidencing each component of the alleged economic or pecuniary loss that Plaintiff contends was caused by each such act or omission; c. the payroll records and any paycheck stubs evidencing any alleged loss of wages claimed by Plaintiff against Defendant; d. the canceled check, receipt, or credit card statement evidencing each such alleged economic or pecuniary loss; e. Plaintiff’s last two federal income tax returns; and f. Plaintiff’s last two state income tax returns. RFP No. 18: Please produce Plaintiff’s Trans-Union, Experian, and Equifax reports or a verified consent in the form attached authorizing Defendant to obtain copies of such reports. Interrogatory No. 14: State the amount of attorney’s fees and costs, if any, that Plaintiff is seeking in this case.

I am being sued by Asset Recovery Group in California. I filed the Answer/General Denial. I filed a demand for BOP. Plaintiff produced response that shows the 1st & last page only for every statement- meaning there was no info about line item charges- only the first and last pages to statements. Plaintiff propounded discovery and I responded. I am now ready to propound discovery on Plaintiffs, and NEED A SAMPLE OF 'REQUEST FOR ADMISSIONS'. Can anyone help? I did a search on the forum but did not find any. Here are some RFA that I have so far from doing some research. 1.Admit that Chase has no direct knowledge of the litigation initiated by Defendant on the account that is in dispute. 2. Admit that no employee or agent of Chase directly requested any employee or agent of Asset Recovery Group to initiate any legal action against Defendant. 3. Admit You do not have the original or a copy of an assignment between You and Chase. 4. Admit that there is no written agreement between Asset Recovery Group and Defendant. 5. Admit that You did not send the Defendant any notification of assignment of the account or assignment of rights, if any exist. 6. Admit that you are unable to provide a complete accounting for the amount you are claiming. 7. Admit aht You are engaged in the business of collecting consumer debts and reqularly attempts and collects consumer debts allegedly owed to another and is a "debt collector" as defined by 15 U.S.C. section 1692a(6). 8. Admit that You are barred under the Fair Debt Collection Practices Act, U.S.C. section 1692f(1) from collecting interest on any amount not authorized by the agreement creating the debt or permitted by law. 9. Admit that You have not provided defendant with a copy of a contract signed by defendant. 10. Admit that You have not provided defendant with copies of bills of sale establishing its ownership of the account 11. Admit that You have not provided a complete accounting of the amount it is claiming 12. Admit that there were no prior transactions between plaintiff and defendant 13. Admit that You are not a proper party to this action Thank you in advance!

Today I received the Plaintiff's discovery requests and looking for input on how to answer. Apologize in advance for length. Copied exactly as they wrote it up. Plaintiff is CACH. Complaint can be found here. INTERROGATORIES AND REQUEST FOR PRODUCTION PROPOUNDED TO THE DEFENDANT INTERROGATORIES AND REQUEST FOR PRODUCTION INTERROGATORY NO. 1: Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations. Please include the address and telephone number of employer and banking affiliation. INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial. INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint. INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses. INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause. REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please prove Plaintiff with a copy of all documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause. INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff. INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such. REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment. INTERROGATORY NO. 8: Please state the date and amount of your last payment on said account. INTERROGATORY NO. 9: Please state the balance due on said account after your last payment. INTERROGATORY NO. 10: If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card. INTERROGATORY NO. 11: If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card. REQUEST FOR PRODUCTION NO 3: Please produce all billing statements from Issuer to the Defendant. REQUEST FOR PRODUCTION NO 4: Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer. REQUEST FOR PRODUCTION NO 5: Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence. INTERROGATORY NO. 12: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. REQUEST FOR PRODUCTION NO 6: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based. INTERROGATORY NO. 13: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation. INTERROGATORY NO. 14: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. INTERROGATORY NO. 15: Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you. Will you do so?

I am working on the Request for Admissions to serve on a JDB (LA county - CA)... There are so many things I think should be added to this, but while I want to cover all issues, I want to save for other discovery (prod of docs and interrogatories). Hope that some of you more experienced individuals can provide me input on my requests below as well as provide other suggestions. Thank you in advance for your help. 1. Admit you have no personal knowledge of the method or manner of the record-keeping practices of the original creditor of the debt that is the basis of this action. 2. Admit that you have no personal knowledge of the method or manner of the record keeping practices of any of the collection agencies that may have been at one time assignees of the right to collect this alleged debt. 3. Admit that you do not possess any written or executed agreements or promises to pay this alleged debt from the Defendant _________. 4. Admit you do not possess the original documents which you claim obligates Defendant. 5. Admit that the amounts claimed by Plaintiff include interest and legal fees. 6. Admit that you do not intend to call any witness from the original creditor. 7. Admit that you do not intend to call any witness that has a personal knowledge of this account at the time of its creation or had knowledge of the account when it was allegedly breached. 8. Admit Defendant never entered into a contract with Plaintiff. 9. Admit Plaintiff purchased Defendant's alleged debt after said debt was in default. 10. Admit Plaintiff never provided goods or services to Defendant. 11. Admit Plaintiff never paid money to anyone on behalf of Defendant. 12. Admit Plaintiff never lent money to Defendant. 13. Admit you have no written contract entitled Cardmember Agreement that states the terms and conditions that the Defendant agreed to. 14. Admit that Plaintiff is not entitled to recover upon the theories of "quantum meruit," "money had and received," and "unjust enrichment" as it was not a party. 15. Admit that Plaintiff verified debt in letter dated XX-XX-XX with original account stated as ____________. (NOTE: Plaintiff has since admitted that this acct. in verification letter was not mine and has tried to include an acct that is mine in discovery served upon me) 16. Admit that Plaintiff failed to identify the original creditor and the original account in the complaint for money filed on XX-XX-XX. (NOTE: Believe Plaintiff realized he screwed up on verification letter and left wrong acct off and correct acct off actual complaint so conflict is buried.) ??? what else am I missing that should be address ??? ---------- Also assuming that I should send Form Interrogatories with 17.1 checked concurrently.