simba101 Posted April 27, 2005 Report Posted April 27, 2005 I am responding to interrogs from Asset and am having trouble wording the responses to a couple of the statements. Anyone willing to help? Thanks!1 Please state whether Defendant purchased goods and services on the First USA Bank credit card account that is the subject matter of Plaintiff's Complaint. (obviously, since I am questioning the validation of this account, I wouldn't want to admit this. how would I word a response?)2 Please state whether Defendant made any payments on the account that is the subject matter of Plaintiff's complaint. If yes, state the number of payments and the amount of each payment. Attach any evidence of payment that supports your statements made herein. (obviously, since I am questioning the validation of this account, I wouldn't want to admit this. how would I word a response?)3 Please state whether Defendant received statements, billss, invoices or dunning notices requesting payment on the account that is the subject matter of Plaintiff's complaint.4 State the full name of each and every person who you believe acted on behalf of the Plaintiff with which the Defendant had any contact regarding the subject matter of Plaintiff's claim or any defenses, set-offs or counterclaims you have thereto. (how would I know this?
DocPC Posted April 27, 2005 Report Posted April 27, 2005 Defendant has insufficient knowledge to confirm or deny this allegation.
Recovering Attorney Posted April 27, 2005 Report Posted April 27, 2005 when you say you are questioning the validation of this account, what does that mean? Are you saying it isn't yours? If so, the answer is clear. Are you disputing the amounts? If so, you could give a general answer. Just remember, you can't be general now, or demur now, and specific later on: your credibility under oath will be undermined.
simba101 Posted April 27, 2005 Author Report Posted April 27, 2005 The documentation that they've provided to prove that it's mine is a card agreement and 1 billing statement from OC. It would be great to say it isn't mine, but from what I've read, that's enough to prove the debt is mine so it would be difficult to dispute that at this point, correct? As far as the balance, I definitely dispute that, but if I divulge the specific reasons that I dispute the amount, then I'm admitting that the account is mine. The statement that they sent was the last statement that was sent to me, dated 7/00 for around $6000. This is also the charge off amount on my credit bureau. Don't ask why, but my husband decided it would be a good idea to pay them in 2001, and we paid around $1000, thus putting us within SOL now. So that should have made the balance around $5000. They are sueing for over $7k. I read somewhere on this board that a JDB can't add interest, fees, etc without a signed agreement from so how could the debt have jumped up to over $7k? The only type of dispute that I've ever done was through Experian. The OC was validated and the JDB was removed.These are all of the reasons that I'm so perplexed in how to respond.
Recovering Attorney Posted April 27, 2005 Report Posted April 27, 2005 You can't have it both ways. It is either your card or it isn't. If you are on the stand under oath and the judge asks you, what would you say? So if you admit to teh card but not the balance, answer simply that you admit using and paying on the card, but deny liability for the amount claimed.
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