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Found 8 results

  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. I posted this question in the wrong thread and was advised to create a new thread. I did get an answer to my question in the last thread but I wanted to post my situation for all to learn from. I am a newbie to lawsuits and I am riddled with many as of late. My question for this suit is on the production no.4 it ask for 10 original signatures of my name on a blank sheet of paper. RED FLAG went up in my head. No amount of googling was giving me any kind of help to this so I brought it here. The answer i got from previous thread was " Objection: this request is irrelevant and not destined to reveal any information material to the case as filed". This suit is my 2nd within a 30day time frame, my first suit with PRA has not requested a discovery and a court date is set for Oct.12, 2016 with PRA. Thank you for helping all of us Pro Se.
  3. 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
  4. Hello, I'm pretty new to this site, but it has so far been quite helpful in forming a defense as I am in the process of fighting a lawsuit. Just a few weeks ago, I was feeling overwhelmed by my situation, but a little bit of research in the last week has me feeling optimistic about the opportunity that I have to defend myself. I would like some input as I move forward if anyone has information that would fit my particular situation. I am also lurking about and proactively seeking answers. I'm not 100% comfortable with putting the exact specifics of my circumstances on here, so I'm sorry if anything is a bit vague. Apologies in advance that this will be LONG. I just want to thoroughly explain. The initial contact was made by delivery of summons earlier this year. I made the mistake of calling the JDB to ask what my options are before going to court. I did not make any agreements, but I was not at all careful how I discussed the claim as I was uneducated about this type of business practice at the time. I fear that this conversation may come back to bite me in court. I did appear in court, and a trial date was set. I asked the lawyer to explain the lacking information included in the complaint, and he advised me that I would receive all the info I needed about a month before the trial date. He also advised me that they wouldn't be willing to negotiate a settlement once I "let it get that far." (Insert eyeroll.) Just as he advised, a packet arrived that seemed damning at first glance: Affidavit from JDB records keeper Bill of Sale/ Assignment of Loans (which was already included in previously delivered complaint - no account numbers, etc) Account statements (that began nearly two years after the date the alleged account was allegedly opened. Date of amt owed on last statement differs from the amt I allegedly owe) Affidavit of Sale/ Certification of Debt signed by OC (Dated over a year after the alleged date of acquisition. Obviously in preparation for litigation. Also, Google says the "Bank Officer" who signed is a Mortgage Specialist in a different sector of the parent company.) Spreadsheet with just the information of the account in question. So. I stewed for a while on whether or not I should attempt to settle as I was intimidated by the paperwork. However, I am not convinced that the debt is mine. Just concerned that I cannot defend it. I decided to attempt to verify the information by calling the OC. I was told that any of my account information was archived as I had not been an active customer in several years (I had various accounts with them over a ten-year period). I advised them of the suit against me, and I asked if they would be willing to verify information in the claim. They said they could not. I was advised that they only have a profile to store my personal information as a customer, but no information regarding previous accounts as it has all be archived. I asked for anything they could provide in terms of a contract for a credit account, and they told me they can't access anything. They advised me to request this information from anyone who was suing me as anyone who would have purchased an account from them should have all available documentation accessible. So, I decided to call the JDB to attempt to request this sort of documentation. Again, what was I thinking? This was only last week, but I know so much more now. I wish that I would've gone about this differently. I hope that I didn't say anything that can be used against me in court. I was transferred to multiple people who did their best to convince me that I just needed to shut up and pay up. That they have sent me all the validation they need to, and that a judgement is the next step if I don't pay. I asked for contact information for an attorney or someone in records who could help, and I was told there was no one who would take my call and that I should just ask my questions in front of a judge. Um. Ok, I will. Between that call and the trial date (earlier this week), I did a lot of research to see how many holes there are in the case they have presented. I'm probably countless steps behind, but I decided to file a Sworn Denial before we went to trial to have my stance made clear. I showed up to court feeling really confident, but still worried that I would not be able to effectively defend myself. Partly because the atmosphere of the court is surprisingly informal. I really like the judge. I like the way he doesn't take crap from anyone, but he is compassionate and makes jokes through the session. I was relying on my ability to appeal to his reasonable side, but I also am not confident enough in my understanding of the process to speak with authority on my concerns about the "evidence." I found myself wishing I had more time and reasonably nervous that I would be leaving with a judgement. The lawyer sat down with me prior to the trial and asked if I recieved the packet and asked if I had any questions. I told her that I have a lot of questions and also presented her with the Sworn Denial. She advised that she may not be able to answer my questions, but she would like to know how she could help. I told her I didn't recognize any of the account information, and showed her the apparent opening date of the account. I told her that I was confused about why I would only have statements from the last year the account was open and no contract to show how I would have been responsible for the account. I also asked her where the amount in the first statement that was presented came from. She simply advised me that they can't go all the way back through the account, but said she would ask the judge for a continuance in hopes that the JDB would get me the information I needed. Was I wrong to do a happy dance on the inside? It gives me a little confidence that I presented enough of an issue to keep her from being able to prove her case with the information they gave me. But now the question is, how do I effectively go on the attack? Some thoughts.. I believe I still have a couple of days to file a Motion to Strike. Based on what I've read I have 30 days in TN. I wonder if I should skip that and file a Motion to Dismiss? Should I file them both? Create my own affidavit? Send the JDB a Request for Production? I would love to threaten them with a counterclaim, but I'm not sure how much of a case I would have. I am more interested in scaring them off than I am pursuing them. I am off to do more research. If you are still reading, thanks for taking the time. TIA for any particular thoughts or similar experience.
  5. I was recently sued by FIA Card Services for credit card debt. The Cause of Action/Common counts alleged a debt owed within the past four years, "because an account was stated in writing by and between plaintiff and defendent in which it was agreed that defendent was indebted to plaintiff." The common counts also states that defendent owes plaintiff "for money lent by plaintiff to defendent at defendent's request" and "for money paid, laid out, and expended to or for defendent at defendent's special insistence and request." I responded with an Answer, a request for validation, and a request for production of documents. I specifically asked for a copy of the original signed application and the executed contract that spells out the terms agreed upon. I also asked for a copy of any modifications to that agreement, a copy of all statements from the account, details about all charges, and evidence of all payments received (six total demands). The attorneys responded with the validation, and I just received the response to the req for production. First, they objected to all of the demands, saying they are "overbroad and unduly burdensome." They also called many of the demands "vague and ambiguous." In response to the demand for a copy of the original signed application, they said they are not required to keep that information as per Regulation Z. They also said they cannot comply with the demand because the account application is no longer available. In response to the demand for a copy of the executed contract that spells out the terms, they objected, saying they did not sue on a formal breach of contract but on common counts. They also objected saying that the defendent is already in possession of the requested information (which is not the case). But they claim to comply by producing the account agreement, ammended account agreement and monthly account statements. However, they say that there is no requirement that the defendent signed the account agreement. Their argument is that "defendent's own voluntary action of using the credit extended" bounds defendent by the terms of the account agreement. They did not supply the original signed applicaton or a copy of the agreement with FIA Card Services. They did send some standard generic account agreements and ammendments, along with some account statements. They also sent six copies of checks from 2006-2007 showing payments, but that's it. The most substantial info they sent was the stack of account statements. The statements consist of 5 different account numbers. QUESTIONS: 1) Don't they have to provide a copy of the signed contract in order to take this to court? Or is this not the case? My understanding was that the creditor has to prove the debt--do they still have a case without the signed contract and/or original application? 2) What is the difference between suing based upon common counts vs breach of contract, and why does this matter? 3) How should I respond to the plantiff's reponse to the req for production? Would it be better not to respond since they admitted they do not have the signed contract? Any advice will be greatly appreciated. Thank you so much.
  6. I am hoping I can get some advice here, still not completely sure how this whole process works. I am being sued in Arizona. In my county, my initial response did not require me to list affirmative defenses or go through the admit/deny stage right away. I responded, and also sent a request for production. I got a huge packet today that includes every statement of the account. The account has been sold 5 times. Included in their response are all of the bills of sale (my account not listed, just the total dollar value of the collection of accounts), an affifavit of indebtedness, all of the account statements (which includes an annotation that the account number was changed multiple times over the course of the account), and a blanked out Excel table with an account number- not sure what that goes to. The statements are intimidating, I have to admit. It makes me feel as if the battle is already lost. I guess after reading through a lot of the forums, I honestly thought they wouldn't be able to produce these. I have also received a Request for Admissions, however, these pages are literally just "admit" or "deny", and no room to write comments. Should I not use their form and re-type all of them with comments? The next set are Notice of Service of Plaintiff's Non-uniform Interrogatories. I was planning on using similar posts to figure out how to answer these. Any thoughts/ideas would be much appreciated! Thank you in advance
  7. 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.
  8. 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?