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REQUEST FOR ADMISSIONS AND INTERRAGATORIES

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OK folks.. here is what the lawyer sent to my mom after we filed the answer.

Now nothing other than the summons and complaint and her answer have been filed with the court. No written contract, no proof of services. … nothing at all.

I could use some help in answering these things.And writing up my own counters to these. I ahve the things the lawyer told me to ask for..which is going to tick them off.. but what else should I ask for?

Also.. since I demanded strict proof in the answer.. don’t they have to fess up with Something to prove that the money is even owed???

Thanks.

Request For Admissions

1 You have had business dealings with the Plaintiff in the above styled action

2. You received from the Plaintiff a Statement of Account which represents the debt sued upon in the Complaint filed herein as an Exhibit

((Now there is NO exhibit that was filed with the summons & complaint. The clerk says NOTHING else has been filed. Could we answer that we have not seen such statement of account and that no exhibit has been filed with the Court? ))

3. The Statement of Account included all of the dealings between you and the Plaintiff

during the period it purports to cover.

4. This Statement of Account was sufficiently detailed and organized so as to enable you to say the charges are fair and reasonable.

5. After receiving the Statement of Account, you retained it without making any objection to the Plaintiff. ((do they mean the original bill which she did call about and then went to insurance about?))

6. You have never made any payments on the account since you received the statement. ((Insurance paid over 2500 on this.. they are charging almost 4500 for a scope down her throat.. she was at the hospital a total of an hour))

7. Prior to the filing of this lawsuit, you never notified Plaintiff of any reason why you were not obligated to pay the Plaintiff for the amount sued for.((We did dispute with CA.. next thing we got was Summons)

8. You have no evidence of any kind showing that the principle balance claimed by Plaintiff was not accurately computed.((we have no evidence that it was))

9. You owe the balance herein sued for and it is now due to the Plaintff.

10. You have made no payments to the Plaintiff which are not revealed in the principal balance due in Plaintiff’s Complaint.

11. Demand has been made by Plaintiff upon you for payment of this Claim herein sued upon.

12. Except as shown in Plaintiff’s Complaint or Exhibits hereto, you are not entitled to any credits, offsets or deductions.

13. There are no documents, writings, letters, records, or papers of any sort which you intend to utilize as a basis for, any defense in this action. ((intend to show copies of letters sent to first CA))

14. Every statement and allegation contained in Plaintiff’s Complaint is true and correct.

INTERROGARTIOIES ACCOMPANYINUG REQUEST FOR ADMISSIONS

1. State your name address

2. state your employer and place of business

3. state the date which you first received notice from Plaintiff that you owed money on account to the Plaintiff.

4. Attatch to your Anwer to these Interragatories a copy of each and every notice, writing, paper, or letter which you received from the Plaintiff regarding this account; or in the alternative state at length and verbatim the contents of each and every such document, additionally stating the date and circumstances of receipt.

Wouldnt this be burdensome to ask a consumer?

5. State the date if each and every communication you have had with Plaintiff prior to filing an Answer in this case that denies the debt or amount owed to Plaintiff.

6. State the factual basis of each defense which you now assert or will assert in this action.

7. If you have not submitted any one or more statements of the Plaintiffs request for Admissions served upon you of even date herewith, then with respect to each such statement not fully admitted, state all facts known to you directly or indirectly which you contend to be a basis or refusal to admit each request.

Thanks again.. you guys are the best

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The email I sent was from my personal case....which I'm not going to share much (sorry). However, here's the link to where CRDT helped me with my Interrogs. I used pretty much everything said here...a few differences. http://www.artofcredit.com/phpBB2/viewtopic.php?t=14049

Also, in writing my own, I used the lawfirm's format in phrasing and then asked the questions I needed answered/asked for any document I could think of to prove my case and make them prove theirs. And here are examples I worked off of....from TowerRat.:

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Appendix I

Sample Discovery

This appendix contains sample Fair Debt Collection Practices Act interrogatories, requests for production of documents, and requests for admissions. These and more than fifteen other sample FDCPA discovery materials are found on the CD-Rom accompanying this volume. For more detail, see the CD-Rom Contents, reprinted at the end of this volume’s Table of Contents. Hundreds of consumer law pleadings on this and other topics also can be found in National Consumer Law Center, Consumer Law Pleadings (Cumulative CD-Rom and Index Guide) and Consumer Law in a Box.

I.1 Sample Set of Interrogatories

The following interrogatories are to be reviewed and used as applicable to the facts of each case; delete and add as appropriate. These interrogatories are also on this volume’s Companion CD-Rom. Section 2.3.3, supra, discusses discovery issues in fair debt collection cases.

Federal Rule Civil Procedure 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]

[plaintiff][name of plaintiff]

Plaintiff,

[vs.]

[defendant][name of defendant]

Defendant.

[action]Civil Action No. ______

INTERROGATORIES

The Plaintiff requests that the Defendant 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 Defendant obtains information which renders its answers or one of them, incomplete or inaccurate, Defendant 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 Defendant of which Defendant 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 Defendant 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 employment and date of and reason for termination of employment of each of your employees

a. who contacted Plaintiff 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 Defendant.

8. Does Defendant 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 Defendant’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 Plaintiff, which were sent out by the Defendant to consumers during the year preceding the date of the notice sent to Plaintiff.

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

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

13. Is Defendant 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) Defendant maintains or operates to record contacts of its employees with consumers or third parties in connection with the collection of consumer accounts, and Defendant’s policies for operating such a system.

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

16. State the name(s) and address(es) of Defendant’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 Plaintiff’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 Plaintiff made in connection with the collection of Plaintiff’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 Defendant and the creditor and give the date of the initial contract or agreement with the creditor.

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

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

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

25. How did Defendant locate Plaintiff?

26. Does Defendant 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 Defendant’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 Defendant’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 Defendant’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 Defendant since [year].

d. Identify the attorney(s) retained by Defendant in [state] to file collection suit.

e. Identify the courts in [name state] State in which Defendant has initiated law suits in the last year.

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

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

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

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

31. Identify all internal and external documents regarding Defendants 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 Defendant alleging violations of the Fair Debt Collection Practices Act.

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

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

35. Identify each person whom the Defendant 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 Plaintiff 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 Plaintiff?

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

d. Why did that individual telephone Plaintiff?

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

37. Please state in detail the facts upon which you base your denial of Paragraph [number] of the Plaintiff’s Complaint.

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

38. Did you receive notice of Plaintiff’s bankruptcy from CREDITOR or from any other source prior to the [date of letter] written communication to the Plaintiff? 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 plaintiff, 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 Plaintiff

[street address]

[city, state, zip code]

[telephone number]

I.2 Sample Request for Documents

The following request for production of documents should be reviewed before use; delete and add as appropriate to the facts of each case. These requests for production of documents are also on this volume’s companion CD-Rom.

Hundreds of consumer law pleadings on this and other topics can be found in National Consumer law Center, Consumer Law Pleadings (Cumulative CD-Rom and Index Guide) and Consumer Law in a Box.

UNITED STATES DISTRICT COURT

FOR THE [name district] DISTRICT OF [name state]

[plaintiff][name of plaintiff]

Plaintiff,

[vs.]

[defendant][name of defendant]

Defendant.

[action]Civil Action No. ______

REQUEST FOR PRODUCTION OF DOCUMENTS

DIRECTED TO DEFENDANT

Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff requests that Defendant produce within (30) days, the documents herein described and permit Plaintiff and his attorneys to inspect them and copy such of them as they may desire. Plaintiff requests that the documents be made available for this inspection at the offices of counsel for the Plaintiff, [name of plaintiff’s attorney] [full address], or at such office of the Defendant’s as may be the location of any of the documents requested, in normal business hours, with the least possible disruption to the ordinary course of Defendant’s duties and responsibilities.

Plaintiff further requests that this inspection be permitted by Defendant immediately after Defendant’s response to this request has been filed, and that his attorneys be permitted to remove from Defendant’s custody such of the documents as they desire to copy, on the understanding that Plaintiff’s attorneys will be responsible for these documents so long as they are in their possession, that copying will be done at Plaintiff’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 Defendant, 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 Defendant, 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 or 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.

REQUESTS FOR PRODUCTION

Please produce the following:

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

2. All documents relating to Defendant’s activities to collect debts such as Plaintiff’s.[nn]1@

3. All form letters, enclosures, envelopes, memoranda, etc. used by the Defendant in its debt collection activity.[nn]2@

4. All material, including video and audio tapes, pertaining to training by or for the Defendant and its employees regarding the Fair Debt Collection Practices Act.[nn]3@

5. An organizational chart for the Defendant.

6. All documents between Defendant and [creditor’s name] regarding the Plaintiff and collection of his alleged debt.

7. All documents between Defendant and [name of any other debt collector] regarding the Plaintiff and collection of his alleged debt.

8. Copies of any litigation filed against the Defendant alleging violations of the Fair Debt Collection Practices Act.[nn]4@

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

10. Any insurance policies covering the Defendant for violation of the Fair Debt Collection Practices Act.

11. All financial reports and statements to investors of the Defendant for the past two years.

12. All income tax returns of the Defendant for the past two years.

13. All documents in the Defendant’s possession sent to or received from the [name creditor].

14. All documents in the Defendant’s possession sent to or received from [name of any other debt collector].

15. All internal documents, memoranda, etc., of the Defendant regarding the use of its collection notices and collection efforts.

16. All documents, memoranda, instructions, manuals, etc., of the Defendant surveying the number of notices sent and contacts made by the Defendant in the year preceding the date of the notice sent to Plaintiff.

17. All reports, memoranda, etc., of the Defendant surveying the number of notices and contacts sent by the Defendant since the date of the notice sent to Plaintiff.

18. All operation manuals or similar documents, etc., utilized by the Defendant.[nn]5@

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

20. All documents relating to the Defendant’s procedures to provide verification of the alleged debt.

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

22. Samples of all postcards and/or envelopes used by the Defendant in its collection practices.

23. Copies of all reports and documents utilized by an expert which Defendant proposes to call at trial.

24. All exhibits which Defendant proposes to introduce at trial.

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

Date: ____________ ____________________

[name of attorney]

Attorney for Plaintiff

[street address]

[city, state, zip code]

[telephone number]

I.3 Sample Request for Admissions

The following request for admissions should be reviewed before use; delete and add as appropriate to the facts of each case. These requests for admissions are also on this volume’s companion CD-Rom.

Requests for Admission found in this appendix and a number of other FDCPA discovery material are found on the CD-Rom accompanying this volume. Hundreds of consumer law pleadings on this and other topics can be found in National Consumer Law Center, Consumer Law Pleadings (Cumulative CD-Rom and Index Guide) and Consumer Law in a Box.

UNITED STATES DISTRICT COURT

FOR THE [name district] DISTRICT OF [name state]

[plaintiff][name of plaintiff]

Plaintiff,

[vs.]

[defendant][name of defendant]

Defendant.

[action]Civil Action No. ______

REQUEST FOR ADMISSIONS

Pursuant to Rule 36 of The Federal Rules of Civil Procedure, Plaintiff requests Defendant to admit or deny the truth of the following:

1. Plaintiff [name plaintiff] is a “consumer” as defined at 15 U.S.C. § 1692a(3).

2. The obligation allegedly due [creditor] is a “debt” as defined at 15 U.S.C. § 1692a(5).

3. Defendant [name defendant] is engaged in the business of collecting consumer debts and regularly attempts and collects consumer debts allegedly owed to another and is a “debt collector” as defined at 15 U.S.C. § 1692a(6).

4. Defendant [name defendant] mailed or caused to be mailed a letter dated [date of letter] to the Plaintiff as exemplified by Exhibit A to Plaintiff’s Complaint.

[Repeat for each letter]

5. Neither of Defendant’s letters, attached to Plaintiff’s Complaint as Exhibit A, contains the validation notice required by 15 U.S.C. § 1692g.

6. The notice required by 15 U.S.C. § 1692g was not sent to the Plaintiff by the Defendant within five days after its initial communication to the Plaintiff.

7. Defendant’s letter attached to the Plaintiff’s Complaint at Exhibit A, does not contain the disclosure required by 15 U.S.C. § 1692e(11): “that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose.”

[Repeat for each letter]

8. Defendant has sent [how many] notices similar to Exhibit “A” and “B” sent to the Plaintiff during the year preceding the date of the notice sent to Plaintiff.

9. [Additional request].

10. [Additional request].

11. [Additional request].

12. Defendant telephoned the Plaintiff on or about [date].

13. Defendant, in his telephone conversation with the Plaintiff on or about [date] failed to provide the debt collection warning required by 15 U.S.C. § 1692e(11).

14. Defendant does not maintain procedures reasonably adapted to insure that the debt collection warning required by 15 U.S.C. § 1692e(11) is included in all communications.

15. Defendant does not maintain procedures reasonably adapted to insure that verification of alleged debts are provided upon the request of the consumer.

16. Defendant is not licensed to practice law in the State of [name state].

DATE: ____________ ____________________

[name of attorney]

Attorney for Plaintiff

[street address]

[city, state, zip code]

[telephone number]

I.4 Sample Class Discovery

Following is sample discovery which may be added where a class action is pled. Again, check the Local Rules of your district court for any other limitations or requirements regarding class actions.

I.4.1 Interrogatories

1. State the number of individuals with addresses within [state] to whom collection letters in the form represented by Exhibit A were sent.

2. State the name and address of each individual with an address within [state] to whom a collection letter in the form represented by Exhibit A was sent. [Repeat for each letter]

3. State the net worth of defendant [name] and how it was computed.

4. State the following information for defendant [name]:

(A) Profit before taxes,

(B) Interest expenses,

© Depreciation (Amortization),

(D) Controlling Shareholder’s compensation (salary and bonuses),

(E) Controlling shareholder’s “excess” benefits.

[Repeat for each defendant]

I.4.2 Requests for Admissions

1. Letters in the form of Exhibit A have been sent to more than 30 [state] residents.

2. Letters in the form of Exhibit A have been sent to more than 50 [state] residents.

3. Letters in the form of Exhibit A have been sent to more than 500 [state] residents.

4. Letters in the form of Exhibit A have been sent to more than 1,000 [state] residents.

5. Letters in the form of Exhibit A have been sent to more than 5,000 [state] residents.

[Repeat for each letter]

6. The net worth of defendant [name] is equal to or greater than $50,000,000.00.

I.4.3 Requests for Production of Documents

1. All documents showing who has been sent letters in the form of Exhibit A and the number of such letters sent to persons within [state]. [Repeat for each letter]

2. All documents demonstrating the calculation of the net worth of [name]. [Repeat for each defendant]

[fnn]@1@ See also Artese v. Academy Collection Service, Inc., 1997 WL 509404 (D. Conn. 1997) (collector was required to produce documents which focused on the defendant’s ability to determine that a debtor had other accounts which the collector was attempting to collect and that the consumer had counsel on some or all of those accounts. In addition, the collector should provide any documents that revealed its ability to obtain from its records the fact that it had earlier collections with the same debtor.).

[fnn]@2@ Artese v. Academy Collection Service, Inc., 1997 WL 509404 (D. Conn. 1997) (consumer requested all form letters used by defendant to collect on this client’s accounts. Defendant pointed out that it sent only one letter to the consumer. Plaintiff responded that the letter contained a settlement offer with a deadline. Other letters might give plaintiff a basis for amending the complaint and were discoverable.).

[fnn]@3@ But see Artese v. Academy Collection Service, Inc., 1997 WL 509404 (D. Conn. 1997) (a motion to produce the collector’s training and operations manuals was overbroad. If any of the manuals contained provisions dealing directly with the alleged violation, i.e., dealing with debtors who had retained counsel, the defendant should produce that portion of the manual.).

[fnn]@4@ But see Artese v. Academy Collection Service, Inc., 1997 WL 509404 (D. Conn. 1997) (production requests for “all judgments, court opinions and consent orders relating to this defendant and its acts or practices under the FDCPA” and communications with regulatory authorities concerning its collection practices since 1991 as well as documents relating to its licensing in Connecticut were far too broad. The collector was directed, however, to produce its current Connecticut license and the application).

[fnn]@5@ But see Artese v. Academy Collection Service, Inc., 1997 WL 509404 (D. Conn. 1997) (a motion to produce the collector’s training and operations manuals was overbroad. If any of the manuals contained provisions dealing directly with the alleged violation, i.e., dealing with debtors who had retained counsel, the defendant should produce that portion of the manual.).

I.2 Sample Request for Documents

UNITED STATES DISTRICT COURT

FOR THE [name district] DISTRICT OF [name state]

[plaintiff][name of plaintiff]

Plaintiff,

[vs.]

[defendant][name of defendant]

Defendant.

[action]Civil Action No. ______

REQUEST FOR PRODUCTION OF DOCUMENTS

DIRECTED TO DEFENDANT

Pursuant to Rule 34 of the Federal Rules of Civil Procedure, Plaintiff requests that Defendant produce within (30) days, the documents herein described and permit Plaintiff and his attorneys to inspect them and copy such of them as they may desire. Plaintiff requests that the documents be made available for this inspection at the offices of counsel for the Plaintiff, [name of plaintiff’s attorney] [full address], or at such office of the Defendant’s as may be the location of any of the documents requested, in normal business hours, with the least possible disruption to the ordinary course of Defendant’s duties and responsibilities.

Plaintiff further requests that this inspection be permitted by Defendant immediately after Defendant’s response to this request has been filed, and that his attorneys be permitted to remove from Defendant’s custody such of the documents as they desire to copy, on the understanding that Plaintiff’s attorneys will be responsible for these documents so long as they are in their possession, that copying will be done at Plaintiff’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 Defendant, 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 Defendant, 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 or 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.

REQUESTS FOR PRODUCTION

Please produce the following:

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

2. All documents relating to Defendant’s activities to collect debts such as Plaintiff’s.[nn]1@

3. All form letters, enclosures, envelopes, memoranda, etc. used by the Defendant in its debt collection activity.[nn]2@

4. All material, including video and audio tapes, pertaining to training by or for the Defendant and its employees regarding the Fair Debt Collection Practices Act.[nn]3@

5. An organizational chart for the Defendant.

6. All documents between Defendant and [creditor’s name] regarding the Plaintiff and collection of his alleged debt.

7. All documents between Defendant and [name of any other debt collector] regarding the Plaintiff and collection of his alleged debt.

8. Copies of any litigation filed against the Defendant alleging violations of the Fair Debt Collection Practices Act.[nn]4@

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

10. Any insurance policies covering the Defendant for violation of the Fair Debt Collection Practices Act.

11. All financial reports and statements to investors of the Defendant for the past two years.

12. All income tax returns of the Defendant for the past two years.

13. All documents in the Defendant’s possession sent to or received from the [name creditor].

14. All documents in the Defendant’s possession sent to or received from [name of any other debt collector].

15. All internal documents, memoranda, etc., of the Defendant regarding the use of its collection notices and collection efforts.

16. All documents, memoranda, instructions, manuals, etc., of the Defendant surveying the number of notices sent and contacts made by the Defendant in the year preceding the date of the notice sent to Plaintiff.

17. All reports, memoranda, etc., of the Defendant surveying the number of notices and contacts sent by the Defendant since the date of the notice sent to Plaintiff.

18. All operation manuals or similar documents, etc., utilized by the Defendant.[nn]5@

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

20. All documents relating to the Defendant’s procedures to provide verification of the alleged debt.

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

22. Samples of all postcards and/or envelopes used by the Defendant in its collection practices.

23. Copies of all reports and documents utilized by an expert which Defendant proposes to call at trial.

24. All exhibits which Defendant proposes to introduce at trial.

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

REQUEST FOR PRODUCTION OF DOCUMENTS

“Document” means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. 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 by which it was destroyed.

1. The alleged credit application from “”Account””, bearing the plaintiff’s signature;

2. The alleged credit agreement from “”Account”” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from “”Account”” that demonstrate how the alleged amount of $X,XXX was calculated;

4. A contract, agreement, assignment, or other means demonstrating that XXXX. had the authority and capacity, and was legally entitled to collect on the alleged debt from “”Account””;

5. Letter(s) sent to plaintiff by XXXX., demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to “”Account””;

8. Any further documentation, beyond what has been previously requested, that clearly establishes plaintiff’s liability and/or responsibility to the alleged debt;

9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as defendant’s accessing of plaintiff’s credit report(s).

10. Any and all communications from defendant to the plaintiff explaining

why defendant reported the alleged debt to any credit reporting agency, as well as obtaining plaintiff’s credit report(s);

11. Any and all credit report(s) defendant obtained from any credit

reporting agency concerning the plaintiff;

12. Any and all notes, memoranda, or likewise, be they handwritten,

computerized, or typed, regularly kept in the normal transaction and

business of collecting debts, that relate to the plaintiff and/or

“”Account””;

13. The defendant’s Articles of Incorporation;

For each “document” responsive to any request withheld from production by you on the ground of any privilege, please state:

1. The nature of the document (e.g., letter, memorandum, contract, etc.);

2. The author or sender of the document;

3. The recipient of the document;

4. The date the document was authored, sent, and/or received; and

5. The reason such document is allegedly privileged.

The Plaintiff requests that the Defendant 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 Defendant obtains information which renders its answers or one of them, incomplete or inaccurate, Defendant 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 Defendant of which Defendant 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.

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BUMPING for input from the lawyers.

I am really questioning the admission where they say they filed something as an exhibit when there has been nothing filed.

Can I state that no exhibit was filed and them make a motion to dimiss for not having proof there was a contract ((Or something similar to that?))

Thanks TONS to CM for her help in this but there are things in this being medical that her help just hasn't touched on

Appreciate it

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All you have to do is answer "denied". And then you ask them for said contract in your Interrogatories and/or Request for Production.

I'm not sure about the dismissal.

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In Indiana you cant just say Denied.. after reading the ROTP (rules of trial procedure) there has to be a reason..you have to state in detail why you are denying.

I want to make them look like idiots too.

Do I say?

2. You received from the Plaintiff a Statement of Account which represents the debt sued upon in the Complaint filed herein as an Exhibit

Defendant did not receive, nor does the clerk have in record any document that is listed as an exhbit, therefor defendant cannot answer that question and in effect denies.

Can I do that?

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Ooooooh, nice catch! :wink:

I would say your answer looks beautiful to me! :)% They're probably just hoping you don't answer at all so it's assumed admitted...that way they can say "yeah, well, she admitted that SHE saw it"

*nod*

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In Indiana you cant just say Denied.. after reading the ROTP (rules of trial procedure) there has to be a reason..you have to state in detail why you are denying.

I want to make them look like idiots too.

Do I say?

2. You received from the Plaintiff a Statement of Account which represents the debt sued upon in the Complaint filed herein as an Exhibit

Defendant did not receive, nor does the clerk have in record any document that is listed as an exhbit, therefor defendant cannot answer that question and in effect denies.

Can I do that?

Is this a request for admission?

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Yes this was one of the requests.

If you look at the beginning of the thread I wrote them all down.

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OK Dudes and Dudettes...

Here is how I answered the Admissions and Interragatories

1 You have had business dealings with the Plaintiff in the above styled action

Defendant admits to having previous dealings with the Plaintiff but defendant lacks sufficient knowledge as to determine which dealing Plaintiff references in this action and denies until provided strict proof thereof.

2. You received from the Plaintiff a Statement of Account which represents the debt sued upon in the Complaint filed herein as an Exhibit

Denied, as there was no such exhibit attached to the complaint or included in the file with the Clerk of Courts.

3. The Statement of Account included all of the dealings between you and the Plaintiff during the period it purports to cover.

Denied. See answer to admission # 2 above .

4. This Statement of Account was sufficiently detailed and organized so as to enable you to say the charges are fair and reasonable.

Denied. See answer to admission # 2 above.

5. After receiving the Statement of Account, you retained it without making any objection to the Plaintiff.

Denied. See answer to admission # 2 above.

6. You have never made any payments on the account since you received the statement.

Denied. See answer to admission # 2 above.

7. Prior to the filing of this lawsuit, you never notified Plaintiff of any reason why you were not obligated to pay the Plaintiff for the amount sued for. You have no evidence of any kind showing that the principle balance claimed by Plaintiff was not accurately computed.

Denied. Defendant did request Plaintiff/and or their agent prove amount was correct. Defendant has no proof that balance was accurately calculated and requests Plaintiff provide strict proof thereof.

9. You owe the balance herein sued for and it is now due to the Plaintff.

Denied. Defendant lacks sufficient knowledge to admit or deny this admission and requests that Plaintiff provide strict proof thereof.

10. You have made no payments to the Plaintiff which are not revealed in the principal balance due in Plaintiff’s Complaint.

Objection- overly vague. To the extent that Defendant must answer the admission, Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

11. Demand has been made by Plaintiff upon you for payment of this Claim herein sued upon.

Objection- overly vague. To the extent that Defendant must answer the admission, Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

12. Except as shown in Plaintiff’s Complaint or Exhibits hereto, you are not entitled to any credits, offsets or deductions.

Denied see answer to Admission #2 above.

13. There are no documents, writings, letters, records, or papers of any sort which you intend to utilize as a basis for, any defense in this action.

Denied.

14. Every statement and allegation contained in Plaintiff’s Complaint is true and correct.

Denied. Plaintiff has failed to demonstrate that defendant has any liability to Plaintiff.

Defendant requests that Plaintiff provide strict proof thereof.

INTERROGARTIOIES ACCOMPANYINUG REQUEST FOR ADMISSIONS

1. State your name address

Gave them this

2. State your employer and place of business

Gave them this

3. State the date which you first received notice from Plaintiff that you owed money on account to the Plaintiff.

Objection-overly burdensome.

4. Attatch to your Anwer to these Interrogatories a copy of each and every notice, writing, paper, or letter which you received from the Plaintiff regarding this account; or in the alternative state at length and verbatim the contents of each and every such document, additionally stating the date and circumstances of receipt.

Objection-overly burdensome.

5. State the date of each and every communication you have had with Plaintiff prior to filing an Answer in this case that denies the debt or amount owed to Plaintiff.

Objection-overly burdensome

6. State the factual basis of each defense which you now assert or will assert in this action.

Defendant has requested proof of debt from previous agency acting as agent for Plaintiff, agency and/or Plaintiff never provided this information and soon after Plaintiff filed suit. Defendant does not have sufficient knowledge to dates of service herein referenced in this action nor has Defendant been given any instrument, statements or other exhibits that prove this debt is owed

7. If you have not submitted any one or more statements of the Plaintiffs request for Admissions served upon you of even date herewith, then with respect to each such statement not fully admitted, state all facts known to you directly or indirectly which you contend to be a basis or refusal to admit each request.

Objection-overly burdensome.

Any suggestions.. other ideas?

Does this work?

Thanks again

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