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Need help with discovery and interrogatories questions


booger69
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I just recently was slapped with my 1st lawsuit (and hopefully my last) the day before Thanksgiving. It is for a dentist bill that I did not finish paying because the dentist did not complete the work, it was for a crown. I answered the complaint & now realize I probably had grounds for a countersuit. Anyway, I talked with their lawyer (probably was nothing more than a collector as it appears that a CA now has the account) and he was an a-hole. So now I intend to bury him in paperwork. I need some examples of questions that I can use in the discovery or interrogatories. I am in Georgia, so I think my limit is 50. A couple of pertinent facts: I had disputed the bill from day 1 (almost 3 years ago), I had acted in good faith by showing up to the appointment to have the work completed only to discover the dentists decided to take the day off (again this was also the day before Thanksgiving - ironic huh?) and the work wasn't completed. According to a letter I got from the dental group the procedure was supposed to be completed (the permanent crown put on) within 30 days of the temporary crown or the procedure would have to be started all over. My appointment to have it completed was day 28...THEY cancelled and there was no way to have the procedure completed in 30 days (or even 45 because the next available appointment was over 2 weeks away). The entire remaining tooth and the temporary crown fell out about a week after Thanksgiving. And to top it all off, they actually billed me for a metal post that was used in the crown that was already in the same tooth from a previous procedure from another dentist (I had already paid for it!!!) Unfortunately I didn't save a bunch of the paperwork, so I plan on using the discovery to get as much of it as I can. I am determined that I am not going to roll over on this...any help would be greatly appreciated.

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Some of these may not apply and I think one is from a Fed case....but they will give you a general idea. Make sure to check your RCP on how to do these things. GOOD LUCK! :D

Example of Request for Production:

REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO PLAINTIFF

Pursuant to Rule 214 of the Illinois Rules of Civil Procedure, Defendant requests that Plaintiff produce within twenty-eight ( 28 ) days, the documents herein described and permit Defendant to inspect them and copy such of them as he may desire. Defendant requests that the documents be made available for this inspection at a location to be determined by the Defendant during normal business hours, with the least possible disruption to the ordinary course of Plaintiff’s duties and responsibilities. Defendant further requests that this inspection be permitted by Plaintiff immediately after Plaintiff’s response to this request has been filed, and that Defendant be permitted to remove from Plaintiff’s custody such of the documents as he desires to copy, on the understanding that Defendant will be responsible for these documents so long as they are in his possession, that copying will be done at Defendant’s expense, and that the documents will be promptly returned immediately after copying has been completed.

This request is intended to cover all documents in possession of the Plaintiff, or subject to his custody and control, regardless of location. As used in this request, the term ‘‘document’’ means every writing or record of every type and description that is in the possession, control or custody of Plaintiff, including but without limitation to, correspondence, memoranda, stenographic or handwritten notes, studies, publications, books, pamphlets, pictures, films, voice recordings, reports, surveys; minutes or statistical compilations, data processing cards or computer records, files, disks, or tapes or print-outs; agreements, communications, state and federal governmental hearings, and reports, correspondence, telegrams, memoranda, summaries or records of telephone conversations, summaries or records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, sketches, maps, summaries or records of meetings or conferences, summaries or reports of investigations negotiations, opinions or reports of consultants, photographs, motion picture film, brochures, pamphlets, advertisements, circulares, press releases, drafts, letters, any marginal comments appearing on any document, and all other writings.

DEFENDANT’S REQUESTS FOR PRODUCTION

Please produce the following:

1. All documents relating to the alleged debt of Defendant and the collection thereof.

2. All documents relating to Plaintiff’s activities to collect debts such as Defendant’s.

3. An organizational chart for the Plaintiff.

4. All documents between Plaintiff and the alleged original creditor, <original creditor’s name> regarding the Defendant and collection of his alleged debt.

5. All documents between Plaintiff and <name of any other debt collector> regarding the Defendant and collection of his alleged debt.

6. Copies of any litigation filed against the Plaintiff alleging violations of the Fair Debt Collection Practices Act.

7. A list of all employees engaged in the collection of debts such as the debt Defendant allegedly owes, their positions and responsibilities.

8. Any insurance policies covering the Plaintiff for violation of the Fair Debt Collection Practices Act.

9. All financial reports and statements to investors of the Plaintiff for the past two years.

10. All income tax returns of the Plaintiff for the past two years.

11. All documents in the Plaintiff’s possession sent to or received from the alleged original creditor, <name creditor>.

12. All documents in the Plaintiff’s possession sent to or received from <name of any other debt collector>.

13. All operation manuals or similar documents, etc., utilized by the Plaintiff.

14. All documents relating to the maintenance of procedures by the Plaintiff adapted to avoid any violation of the Fair Debt Collection Practices Act.

15. All documents relating to the Plaintiff’s association with a consumer reporting agency, if any.

16. All exhibits which Plaintiff proposes to introduce at trial.

This Request shall be deemed continuing so as to require further and supplemental production if Defendants obtain additional documents required to be produced herein between the time of the initial production and the time of trial.

Date:

<your name>

<street address>

<city, state, zip code>

<telephone number>

Example of Interrogatories:

Fed. R. Civ. P. 33(a) limits the number of interrogatories to 25 including subparts. This limitation may be avoided only by leave of court or written stipulation of the parties. For federal litigation, and in state courts which similarly limit discovery, the following sample interrogatories must be reduced to 25 interrogatories.

UNITED STATES DISTRICT COURT

FOR THE <name district> DISTRICT OF <name state>

)

) <name of Defendant>

) Defendant,

)

v. )

)

) <name of Plaintiff1>

) Plaintiff1.

)

Civil Action No.

INTERROGATORIES

The Defendant requests that the Plaintiff1 answer under oath, in accordance with Rule 33 of the Federal Rules of Civil Procedure, the following interrogatories.

INSTRUCTIONS AND DEFINITIONS

A. Answers to the Interrogatories must be furnished within forty-five (45) days of the service of the Summons and Complaint or within thirty (30) days of the service of these Interrogatories, whichever is later.

B. Each Interrogatory should be answered upon your entire knowledge from all sources and all information in your possession or otherwise available to you, including information from your officers, employees, agents, representatives or consultants and information which is known by each of them. An incomplete or evasive answer is a failure to answer.

C. If any answer is qualified, state specifically the terms of each qualification and the reasons for it. If an Interrogatory cannot be answered in full, state the part which can be answered and answer the same in full to the extent possible; state further and specifically the reason(s) why the remainder cannot be answered.

D. Unless otherwise specified in a particular paragraph, provide the information and documents requested for the period of one year prior to the date of filing the complaint to the present. Exhibits A and B refer to Exhibits A and B attached to the Complaint. Each Interrogatory is considered continuing, and if Plaintiff1 obtains information which renders its answers

or one of them, incomplete or inaccurate, Plaintiff is obligated to serve amended answers on the undersigned.

E. The terms ‘‘document’’ or ‘‘documents’’ in these Interrogatories shall refer to all writings and recorded materials, of any kind, that are or have been in the possession, control or custody of Plaintiff of which Plaintiff has knowledge, whether originals or copies. Such writings or recordings include, but are not limited to, contracts, documents, notes, rough drafts, interoffice memoranda, memoranda for the files, letters, research materials, correspondence, logs, diaries, forms, bank statements, tax returns, card files, books of account, journals, ledgers, invoices, diagrams, drawings, computer files, records, documents, data, print-outs or tapes, reports,

statistical computations, studies, graphs, charts, minutes, manuals, pamphlets, or books of all nature and kind whether handwritten, typed, printed, mimeographed, photocopied or otherwise reproduced, all tape recordings (whether for computer, audio, or visual replay) or other written, printed, and recorded matter or tangible things on which words, phrases, symbols or information are recorded.

F. A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or circumstances under which it was destroyed.

G. If any Interrogatory may be answered fully by a document, the document may be attached in lieu of an answer if the document is marked to refer to the Interrogatory to which it responds.

INTERROGATORIES

1. State the name(s), business address(es) and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any information used to answer each Interrogatory.

2. State the correct legal name of your organization.

3. State any other names which your organization uses to identify itself, whether such names are registered with any official, and the date and place of such registration.

4. State the form of your organization, the date and place the organization was organized and registered and/or licensed to do business.

5. State the name, title, address and job description of each director, partner, shareholder, employee, officer, and manager of Plaintiff who authorized, approved, or was aware of the collection letters sent to consumers in the form represented

by Exhibit A in attempt to collect a debt.

6. State the names, aliases, job title, business and home addresses and telephone numbers, date of initial employmentand date of and reason for termination of employment of each of your employees

a. who contacted Defendant or another person regarding this debt; and

b. who have left your employ within the last two years.

7. State the names, aliases, job title, business and home addresses and telephone numbers, date of initial employment of all current employees who engage in the collection of consumer accounts for Plaintiff.

8. Does Plaintiff provide training to new employees involved in the collection of consumer accounts?

a. if so, describe the training content, timing and duration.

b. if so, describe all documents and audio or visual materials used in such training.

c. if so, identify each person involved in providing such training.

9. Identify and describe any documents used to describe, record or establish Plaintiff’s methods and techniques to be used in the collection of consumer accounts.

10. State the number of notices, similar to those sent to the Defendant, which were sent out by the Plaintiff to consumers during the year preceding the date of the notice sent to Defendant.

11. State the number of notices, similar to those sent to the Defendant, which were sent out by the Plaintiff since the date of the notice sent to Defendant.

12. Identify by title, author, subject, and date any reports, memoranda, etc., of the Plaintiff regarding the use of notices similar to those sent to the Defendant.

13. Is Plaintiff affiliated with any other organization (e.g., common ownership, overlapping offices or managers or common facilities or employees)? If so, describe the affiliation and identify the participants.

14. Describe fully any system(s) Plaintiff maintains or operates to record contacts of its employees with consumers or third parties in connection with the collection of consumer accounts, and Plaintiff’s policies for operating such a system.

15. Identify and describe each document known to Plaintiff which is related to the account of Defendant.

16. State the name(s) and address(es) of Plaintiff’s liability insurer(s) for the last three years and the dates of coverage, type, policy number(s) of each liability insurance policy.

17. Identify and describe each claim made under each liability insurance policy in the last two years, including the date of claim, claim number, the subject of the claim, the status of the claim, the resolution of the claim, and any amounts paid under each policy.

18. Identify any notices that you have given any insurer regarding Defendant’s claim.

19. Identify the date, time, type (e.g., letter, telephone call), witnesses to or participants in, and the substance of each contact with a person other than Defendant made in connection with the collection of Defendant’s account.

20. Identify each document, recording and person furnishing information with regard to your response to the immediately preceding Interrogatory.

21. Identify all present and past contracts or agreements between Plaintiff and the creditor and give the date of the initial contract or agreement with the creditor.

22. Identify the terms of the agreement between Plaintiff and the creditor pursuant to which Plaintiff sought to collect this account from the Defendant.

23. Describe any other business other than the collection of consumer accounts in which Plaintiff now engages or in the past has engaged.

24. List and explain all abbreviations and codes, letters, numerals, or symbols regularly used by Plaintiff in its records or collection activities.

25. How did Plaintiff locate Defendant?

26. Does Plaintiff file or retain attorney(s) to file law suits to collect consumer accounts?

27. If the answer to the immediately preceding Interrogatory is affirmative:

a. Identify Plaintiff’s employee(s) who make(s) or approve(s) the decision to file suit or to request an attorney to file suit.

b. At what point in Plaintiff’s collection process is the decision to sue made?

c. State what criteria and policies are used in deciding whether to sue (e.g., minimum dollar amount, distance of consumer from Plaintiff’s office, contingency of claim, debtor’s assets, defenses to claim) and how those

criteria and policies have changed since <year> identifying any documents discussing such criteria and policies in use by Plaintiff since <year>.

d. Identify the attorney(s) retained by Plaintiff in <state> to file collection suit.

e. Identify the courts in <name state> State in which Plaintiff has initiated law suits in the last year.

f. Identify each document and other method of communication in which creditor authorizes Plaintiff to initiate law suits against consumers.

28. With regard to the debt allegedly owed by the Defendant, itemize the amount of each portion of the debt and the authority therefore.

29. State the date upon which the Plaintiff began using each type of notice sent to the Defendant and if the Plaintiff has ceased using such notices when that practice ended.

30. Describe the maintenance of all procedures utilized by the Plaintiff to avoid violation of the Fair Debt Collection Practices Act.

31. Identify all internal and external documents regarding Plaintiffs compliance or noncompliance with the Fair Debt Collection Practices Act.

32. Identify by caption, court, civil action number and result all litigation filed against the Plaintiff alleging violations of the Fair Debt Collection Practices Act.

33. Identify by name, position, address and phone number all witnesses Plaintiff proposes to call to trial.

34. List all exhibits Plaintiff proposes to introduce at trial.

35. Identify each person whom the Plaintiff expects to call as an expert witness at trial, state the subject matter on which the expert is expected to testify and the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

36. Identify the individual who telephoned Defendant on or about <date>.

a. Where was the individual employed during <month> <year>, what was their position of employment, and responsibilities?

b. What is the relationship of that individual to the Defendant?

c. How did that individual learn the location and phone number of Defendant.

d. Why did that individual telephone Defendant?

e. Restate the contents of the telephone conversation between that individual and Defendant.

37. Please state in detail the facts upon which you base your denial of Paragraph <number> of the Defendant’s Complaint.

****Repeat each paragraph denied as needed****

38. Did you receive notice of Defendant’s bankruptcy from CREDITOR or from any other source prior to the <date of letter> written communication to the Defendant? If so, please state when and from where you received such information.

39. Do you have any evidence of when the collection account which is the subject of this lawsuit was referred to you and, if so, explain and describe that evidence in detail.

40. Please state in detail the facts upon which you rely for each affirmative defense listed in your Answer.

41. If your response to the Requests for Admissions served simultaneously herewith is anything other than an unqualified admission, then please state as to each denial the specific facts forming the basis for such denial and identify each witness and document upon which you will rely to support your denial.

42. Describe, step-by-step, the process which resulted in Exhibits A and <any others> being transmitted to Defendant, beginning with the date and method of transmission of debtor information to <name>, e.g., computer tapes or other media delivered (when, by whom, where and to whom); content of computer tape or media; data input (where and by whom); computer entry or other means of directing transmission letters (where and by whom entry made), letter with debtor information printed (from where and by whom); letter with debtor information mailed (from where and by whom), computer tapes or media returned (on what occasion, when, by whom and to whom).

Date: <month><day><year>

<attorney’s name>

Attorney for Defendant

<street address>

<city, state, zip code>

<telephone number>

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