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  1. 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.
  2. Hello, this is my first post. I received a request for admissions, interrogatories, and request for production of documents. I found this previous thread and used it as my basis for responses. I tried to write everything as verbatim as possible. I am in the State of Pennsylvania. I am assuming compounded interrogatories are allowed. (Please reference Interrogatory No.3) Also, I am not sure if I need to provide three separate response pages for the admissions, interrogatories, and production of documents. I have already formatted three separate pieces of paper with the answers. Any suggestions would be greatly appreciated. Request for Production of Documents 1. Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entires, diaries, charts, lists, phone records, data compliations etc. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 2. Produce any and all documents you intend and/or provide testimony on as evidence at the time of trial. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Request for Admission 1. Defendant applied for the credit card referenced in the complaint. If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 2. Defendant has failed to make all required payments on the credit card. If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 3. The attached monthly statment correctly identifies the payments, charges, and balance on the account. If the answer to Reqeust for Admissions No. 3 is "denied" then supply copies of cancelled checks, both front and back, and/or if not available, specific written documenation supporting the denial. Response: Denied. Attached information is incomplete. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 4. Defendant has no submitted any written dispute as to the billing inaccuracy concering the credit card in question during the time the account was opened on September 1, 2007 until the last payment date of September 20, 2013. If the answer to the Request for Admission No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 5. $9,319.73 is the correct and accurate balance of the credit card account in question at the time the account was charged off. If the answer to Reqeust for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 6. Please admit that you agreed to pay Plaintiff's predecessor all amounts due resulting form the use of you credit card account, including any finance charges and other charges due under the terms of the agreement. If the answer to reqeust for admissions No. 6 is "denied" then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statment of account, invoice or other request for payment showing all transaction s billed to your account during the billing period. If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Interrogatories 1. Please identifiy the person(s) answering these Interrogatories Answer: My name 2. Please identify each and every person that has assisted you in responding to these interrogatories Answer: No one else 3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If you response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; c. Identify each document known to you which you believe contains information relevant to your answer; and d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the infromation you believe is known to them with respect to you answer. Answer: The Request is Unintelligible. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense please: a. State the factual basis that supports your defense; b. Identify each document known to you which you believe contains information relevant to your defense: and c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense. Answer: The Request is Unintelligible. Discovery is ongoing Defendant's preparation for trial is not complete at this time. 5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s). Answer: No, I never requested Plaintiff’s predecessor to open a credit card account. 6. Are you aware of any credit card accounts with Plaintiff's predecessor opened in your name? If so, please state the credit card account number (s). Answer: Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing and defendant denies the request until such time as sufficient information is known to make a different response. Interrogatory is compounded and contains subsections. 7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff's predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance. Answer: Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. 8. Has Plaintiff's predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral. Answer: Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. 9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent? Answer: Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response. 10. If you keep records of purhcases or payments with respect to your credit card account with Plaintiff's predecessor, do these records show a blance owing on the account? If so, what is that balance? Answer: Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response. 11. Is there any portion of Plantiff's claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do owe the rest of Plaintiff's claim. Answer: Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response. 12. If you claim that the account on which Plaintiff is suing is inaccurate, specific each inaccuracy and any facts that support your conclusion that the account is inaccurate. Answer: Defendant has denied allegations, burden of proof lies on Plaintiff. Defendant's preparation for trial is not complete at this time.
  3. Short Summary: 1 - Plaintiff: Citibank, South Dakota (N.A.) 2 - Plaintiff's Attorney: The Moore Law Group 3 - State: California 4 - Limited civil case - sued for in the neighborhood of $17K 5 - The debt is not past statute of limitations 6 - Served by substituted service 7 - Complaint answered (Complaint was unverified) 8 - Long period of inactivity on both sides 9 - No discovery propounded on either side 10 - Plaintiff filed CMC Statement 12 - Trial got set 13 - Defendant (me) sent a CCP96 request and a request for BOP 14 - Plaintiff sent response to BOP and a response to CCP96 statement and the CCP98 declaration in lieu 15 - Defendant sent a certified letter stating that Plaintiff got their case # wrong on their CCP96 response. Also, Defendant objected in that same letter that the Plaintiff used Plaintiff's counsel PO Box for the witnesses' address on their CCP96 response (out of compliance) 16 - Plaintiff corrected their CCP 96 response and send the amended version. with the fixed case # and now the actual address for the potential witnesses instead of the PO Box (mind you, the new address is still the Plaintiff Lawyer's address, and they did not ask me for a stipulation to amend their CCP 96 response) 17 - Defendant filed an objection to Plaintiff's Declaration in Lieu with Court and had a copy served on Plaintiff 18 - Defendant then did some more research on this forum and found MIL is a better way to attack a declaration, so he created a MIL to preclude the admission of their Declaration in Lieu, and refashioned his objection so that it could be an objection in support of my MIL. This was served on the Plaintiff's Counsel. And today, I get a surprise from the Plaintiff's counsel in the mail in the form of: "Notice to Appear At And Attend Trial And Produce Documents (CCP Section 1987)" "Request For Statement of Witnesses and Evidence (CCP96, DISC-015 form)" Right off the bat, I can tell their CCP96 request is untimely. It has a postmark of Aug 22nd, 2013, and I've received it on August 24th, 2013. The trial is on September 13th, which basically means they're giving me less than 30 days (21 days only) to respond. Now, do I just ignore their CCP 96 as untimely and object at trial, do I send them a letter saying they are untimely or do I serve an objection on them, saying they're untimely? As far as the notice to appear goes, I am unsure how to handle their production of documents request. Shouldn't have they asked for all my CC statements (and they're asking for years and years of them) in the request for production of documents during discovery? Discovery is closed now. Are they trying to find a back door to do the discovery? Can I object on the grounds that they have missed their Discovery window and now have no right to ask for the documents? Furthermore, they have not included any of the CC statements they're asking from me on their CCP 96. Do I still have to bring any docs with me (if I have any) and then object to the judge that these are inadmissible as evidence since they're not listed on Plaintiff's CCP 96 response?. Or can I just say that their request for production of documents under CCP 1987 is oppressive, burdensome, Plaintiff is on a fishing expedition, burden of Proof is on Plaintiff, etc.? Also, the way I understand it, the deadline for requesting documents under CCP1987 is 25 days before trial (since they served me by mail, 5 days added), and I have received it only 21 days before the trial Should I just object to their CCP1987 as being untimely? Any help is greatly appreciated. I am at the point where I can clearly see some of the Plaintiff's screw-ups, but I still do not know the best way how to deal with their screw-ups to my advantage
  4. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.
  5. I've spent hours on this site formulating my response to the first set of interrogatories, request for admissions and request for production of documents. Would you mind reviewing my answers to confirm they are legally sound? I did have this account and owe money, but due to loss of employment I can neither pay my debt nor hire an attorney. I truly appreciate your assistance! STATE OF INDIANA IN THE XXXXXX SUPERIOR COURT II COUNTY OF XXXXXX CAUSE NO. XXXXXXXXXXXXXXXXXXX ASSET ACCEPTANCE, LLC PLAINTIFF VS. KELLY XXXXXXX DEFENDANT DEFENDANT’S RESPONSE TO FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS NOW COMES the Defendant, KELLY XXXXXX, responds to Plaintiff’s, ASSET ACCEPTANCE, LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows: INTERROGATORIES Interrogatory No. 1 Please state your full name, address, date of birth, place of birth, and social security number. a. Kelly XXXXXXXXXXXXX. Regarding date of birth, place of birth and social security number, responding party objects on the grounds that this information is personal in nature, and has no bearing on the issue that is the subject of this litigation, nor will it lead to the discovery of admissible evidence. Interrogatory No. 2 What is the name and address of the bank where you have your checking account? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 3 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 4 Identify any payment that you have made to the original creditor, Dell Financial Services/CIT Online Bank, and state the date of the last payment you made to the original creditor and the amount of that payment. b. Objection. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 5 Identify any payment that you have made on the Account, number 6879450 1290644564 14, and state the date of the last payment you made on the Account and the amount of that payment. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 6 What was the number of the last check you wrote to the order of the Plaintiff and/or the original creditor as payment on the Account? a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 7 Please list the date and amount of all payments made by check, money order, banks official check or any other means, that you claim were made on the Account. a. The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff. Interrogatory No. 8 Is the amount that you owe on the Account sued upon correct and, if not, what is the correct ", amount? a. The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff. Interrogatory No. 9 If any offers of settlement were made to you on your Account, please state the name, address, and phone number of the person and company who offered you the settlement and how long the settlement was good for? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 10 Please state the manner in which you paid any settlement that you allege was made (i.e, check, money order, etc.). a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 11 Have you ever received a settlement letter or paid in full receipt evidencing an amount you paid toward the Account sued upon? a. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. Interrogatory No. 12 Please provide the following information for each person you will call as a witness at the trial of the captioned matter: 1. Name, address, and telephone number; 2. Place of employment; 3. Relation to the Defendant; 4. The subjects and substance of the testimony the witness will give; and whether the witness is to be tendered as an expert witness. a. Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to her on an alleged account that is disputed. Interrogatory No. 13 Please identify and describe each exhibit you will use in the trial of the captioned matter. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. Interrogatory No. 14 Are you currently involved in any litigation in which you are a Plaintiff! If so, then: 1. In what court is this matter pending? 2. What is the nature of this claim? a. Objection. Irrelevant, will not lead to any legal conclusion. Interrogatory No. 15 State fully, completely and at length the factual basis of each defense which you now assert or intend to assert in this action. a. Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. Interrogatory No. 16 As to each defense set out in response to Interrogatory Thirteen (13), above, state the following as to notification to Plaintiff by Defendant of such defenses: (a) the date or dates when notification was given; ( the manner in which notification was given; and © the specific party or parties to whom notification was given. a. See response to Interrogatory Thirteen (13), REQUESTS TO ADMIT FACTS The Plaintiff requests that the Defendant answer the following requests to admit facts pursuant to, and in accordance with, Indiana Rule of Trial Procedure 36. If the Defendant objects to any requested admission, the reasons therefore shall be stated. The Defendant's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Defendant cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Defendant qualify an answer or deny only a part of the matter of which an admission is requested, the Defendant shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial or the part thereof. Fact No. 1 Please admit that you applied to the original creditor, Dell Financial Services/CIT Online Bank, for the account, number XXXXXXXXX, in question. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 2 Please admit that you are indebted to the Plaintiff in the amount of $1XX, plus any accrued interest, as shown on Plaintiffs Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 3 Please admit that you made payment(s) on your account. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 4 Please admit that you owe the balance on the Account to the Plaintiff. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 5 Please admit that the correct balance is outlined in the Complaint. a. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. Fact No. 6 Written demand for payment of the charges subject of this action was made upon Defendant by Plaintiff or Plaintiffs counsel thirty (30) days or more prior to the filing of the Complaint in this action. a. Denied. Written demand for payment never received by Defendant. DOCUMENTS TO BE PRODUCED 1. Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 2. Please provide copies of any and all settlement letters or offers to settle regarding the Contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time. 3. Please provide copies of any and all receipts, letters, or other information that supports your contention that the account was paid in full. a. The Defendant has denied the existence of any alleged account in the complaint. Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition. 4. Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial. a. Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. 5. If you are currently involved in any litigation as a Plaintiff, inside or outside of the state of Kentucky, please provide a copy of the petition for damages, including amendments and responses. a. Defendant has none. 6. Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon. a. Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
  6. I received lawsuit for jdb the day I was due to respond. I panicked and answered response simply that the debt was not valid, with no affirmative defenses whatsoever. Now it is time to answer their interrogs and productions of documents etc. I see that they want to know my defenses in the interrogs, which I understand I must answer. So it appears, after much post- study to my "answer" in court, that because I did not include any affirmative defenses, I may not use them ever without the plaintiff claiming prejudice. 1 What I wanted to know is if anybody knows how to word a request to the court to ammend my answer and include affirmative defenses? Anything that can be utilized for the sake of pro se defendants who did not have time to prepare answer? 2 If the court denies the opportunity to amend and includeaffirmative defenses, what grounds do I have to stand on ---or am I dead in the water? 3 The interrogs and documents are due within just a couple of days. Is it possible to simply include my affirmative defenses where I am asked to, or do I need to wait for the court approval? 4 Where my answer was simply that the debt is not valid, is it possible that this covers more ground than I now suppose? Thanks to any help. I wanted to force arbitration, but it appears I have not even a right to defend. So sad Just got four phonecalls from the jerks today.
  7. being sued by UNIfund CCR,NA i've done pretty good so far reading the boards and online stuff , now i already filled out a answer form for their request for admissions, i still have a request for production and form interrogatories to fill out but i'm looking for forms for these two so i can fill them out online and print does anyone have a template for these for california civil courts ..if you do i appreciate the link or form .. Thanks stormy p also any advice on how to answer interrogatories would be useful too..
  8. I read this post on the forum about a state that has a rule that says they have to provide the document. DEFENDANT’S DEMAND FOR THE PRODUCTION OF DOCUMENTS PURSUANT TO R. 4:18-2 Pursuant to Rule 4:18-2, Defendant hereby demands that Plaintiff serve copies of the following documents cited in the complaint within 5 days after service of this request as prescribed by the Rules of Court. 1. “an agreement” in Plaintiff’s Complaint statement #2 Does anyone know if there is such a rule/law in Oregon? I did a search and read UTCR Chapter 2 and don't see anything. I had previously requested these documents and many more that they evaded and finally produced the 1 page Bill of Sale which doesn't prove anything when they had to provide their Pre-Hearing Statement of Proof. Any advice would be much appreciated! Thanks!
  9. Good afternoon all - I realize that we are in the midst of the holidays, but was really looking for some input on the production of docs I intend to serve upon a Junk Debt Buyer (Plaintiff) here in CA. I already have served a Bill of Particulars - with limited response (which I intend to motion a strike of evidence submitted). And I already have my Special Interrogatories and Request for Admissions prepared and ready to go. Just wasn't super confident about my prod. of docs. So, if you would be so kind as to review what I have and let me know what you think - it would be greatly appreciated! NOTE: BG Info - I really am wanting to focus on legal standing and lack of contract. JDB has already used improper account # (not mine) in verification letter (and failed to identify any account # in actual complaint) - though JDB sent some stmts on my acct as an improper response to the BofP... --------------- PRODUCTION OF DOCUMENTS REQUEST NO. 1:Provide any and all documentation relating to the terms and conditions of the underlying credit card contract including but not limited to; proof of the alleged credit application agreed upon by the DEFENDANT bearing the DEFENDANT’S signature, proof of each element of the alleged contract, proof of each element of a material breach, and proof of each element of damages and mitigation of damages. PRODUCTION OF DOCUMENTS REQUEST NO. 2:Provide any and all documentation, proving a complete and unbroken chain of title of the asset sale of the alleged debt owed by the Defendant from the original creditor to the initial purchaser and between the original purchaser and each subsequent assignee. PRODUCTION OF DOCUMENTS REQUEST NO. 3:Provide any and all documentation relating to the forward flow agreements (or documents of similar intent) including any and all disclaimers, warranties or representations as to the validity or accuracy of the account sold between the original creditor and the initial purchaser and between the original purchaser and each subsequent assignee. PRODUCTION OF DOCUMENTS REQUEST NO. 4:Provide any and all documentation of all charges and payments showing how the payments were allocated (interest, principal, and late fees). PRODUCTION OF DOCUMENTS REQUEST NO. 5:Provide any and all documentation proving “Account Stated” as a cause of action which include proof of prior transactions that established a debtor-creditor relationship between the PLAINTIFF and the DEFENDANT, an express or implied agreement between the PLAINTIFF and the DEFENDANT as to the alleged amount due, and an expressed or implied promise from the DEFENDANT to pay the alleged amount due. PRODUCTION OF DOCUMENTS REQUEST NO. 6:Provide any and all documentation, which support your responses to the request for admissions and interrogatories which were propounded concurrently herewith.