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How would you answer this??


mtnair
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I won't presume to tell you how to answer as I'm not familiar with the details of your case.

If your defenses looked anything like your proposing to answer their interrogatories, you are headed towards a summary judgment against you.

General denials, claims of irrelevancy, and failing to provide any factual evidence of a dispute means you've not sufficiently raised any issues for the judge to decide. Which is what's necessary to defeat summary judgment.

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Be complete in your research, do your homework and you'll be OK. What the other side is trying to do is limit your case. If you attempt to raise anything at trial over and above what you were asked to produce in discovery, it can be excluded (at least in the jurisdictions I am familiar with).

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END is right.

There is nothing wrong with them asking you to set forth the facts under which you base a pleaded defense. That is what discovery is for. But discovery is a 2 way street, and an aggressive defense is one in which you engage in using discovery to find out what the plaintiff has, Hopefully, you will discover the nuggets that support all those fancy defenses. If not, you may have to shed yourself of the irrelevant ones.

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They have admitted that they do not have any proof. No original application from OC, no signature, no statements from the OC.

Only thing they do have is a confused witness that admits no application, calls alledged debt: credit agreement, revolving charge account, installment payments and also calls it a promissory note.

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