Rainman Posted February 23, 2007 Report Share Posted February 23, 2007 I answered my summons with the info from my first thread http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=262194(denied everything and used SOL as one of my defenses) and I thank you for the info. Now i got a letter for Interrogatories and answers. Some of these questions also contradict my answer and defenses from my Answer. So how would i respond to these without incriminating myself? I also don't have any documents from this account at all since its so old. How would I answer these questions and do i send them to the court AND their attorney or just the attorney. And can I send my own discovery right along with my answer to this?1. State: the full name and residence address of each defendant. (think i understand this one heh)2. State in detail (a) what payments were made by defendant to plaintiff: ( the dates,manner and amount of each payment© if any credits or set-offs other than such payments are cliamed, set forth the nature and amounts thereof; (d) attach hereto copies of all checks and recipts pertaning to such payments.3. Has defendant received any goods or services from plaintiff? If yes (a) desribe the goods or services recieved( set forth the agreed price for the goods provided or services rendered © if there was no agreed price, set forth the amount billed by the plaintiff for the goods provided or services rendered(d) if there was no agreed price, set forth the amount defendant deems to be the reasonable value of the goods provided or services rendered.4. If delivery of defective merchandise or deficient services is alleged by defendant, state in detail the nature and extent of each defect.5.Did defendant notify plaintiff of the alleged shortcomings set forth in answer to question 4? If so state: (a) teh date of notification ( the manner of notfication© the person making the said notification of befalf of the defendant (d) the person receiving said notfication on behalf of plaintiff.(What does this one mean)6. State in detail every defense to this suit not already set forth in any of preeding answers or in the answer to the complaint, which will be offered by defendant at the trail of this action to support any defense of allegation set forth in these answers, attaching hereto a copy of every writing, record or paper foming a part of such proof.7. If there is a counterclaim filed in this action set forth all facts which defendant alleged are relevant to the counterclaim and attach hereto copies of each wrting, record or document of any kind which support said claim.8. State the names ann address of all the person who have knoeldge of any relevant facts relating to this case.9. State the names and addresses of any and all proposed expert witnesse and annex true copies of all written reports rendered to defendant by any such proposed expert witnesses. Link to comment Share on other sites More sharing options...
admin Posted February 23, 2007 Report Share Posted February 23, 2007 Some of these questions also contradict my answer and defenses from my Answer. So how would i respond to these without incriminating myself? I also don't have any documents from this account at all since its so old. How would I answer these questions and do i send them to the court AND their attorney or just the attorney.Ummmm....what do you mean? Link to comment Share on other sites More sharing options...
Nikro Posted February 23, 2007 Report Share Posted February 23, 2007 If you have no knowledge, you have no knowledge. If you have no documents, you have no documents. So, I guess I am as confused as the previous poster is as to why you think your answers are contradicting.Number 6---I THINK that was the one you were wondering about....They want to know if you are going to use any other defenses at trial that you have not brought up yet. If you used SOL and no knowledge as your answer to their summons, is there anything else you are claiming as your defenses now? As far as filing---you need to give a copy to both the court and the CA.ETA: yes. You can send your own 'rogs. I assume you DV'd them and they replied with these 'rogs. Im sure someone will correct me if I am wrong but IMO, that is their way of getting you to provide them with proof they don't have. I never sent our own 'rogs in return. I just didn't think it was necessary or in our best interest just in case they COULD drudge something up. Link to comment Share on other sites More sharing options...
Rainman Posted February 23, 2007 Author Report Share Posted February 23, 2007 Ummmm....what do you mean?what responses do i give to the interrogatories if they are asking for documents or info i don't have? The account is very old. Link to comment Share on other sites More sharing options...
Rainman Posted February 23, 2007 Author Report Share Posted February 23, 2007 Number 6---I THINK that was the one you were wondering about....They want to know if you are going to use any other defenses at trial that you have not brought up yet. If you used SOL and no knowledge as your answer to their summons, is there anything else you are claiming as your defenses now? Nothing else but i have been told to use lack of standing as a defense if they have no proof. Is there some legal way I should be answering these questions? "I ain't got it" probably wouldn't work.Is there a template for sending my own discovery? I didn't see one in the stickys or did i miss it. Link to comment Share on other sites More sharing options...
divemedic Posted February 23, 2007 Report Share Posted February 23, 2007 2. State in detail (a) what payments were made by defendant to plaintiff: ( the dates,manner and amount of each payment© if any credits or set-offs other than such payments are cliamed, set forth the nature and amounts thereof; (d) attach hereto copies of all checks and recipts pertaning to such payments.Defendant has no record of any payment ever being made to the Plaintiff. (This is technically correct, as the Plaintiff is a JDB, and any payments made on this account would have gone to the OC before it went delinquent)3. Has defendant received any goods or services from plaintiff? If yes (a) desribe the goods or services recieved( set forth the agreed price for the goods provided or services rendered © if there was no agreed price, set forth the amount billed by the plaintiff for the goods provided or services rendered(d) if there was no agreed price, set forth the amount defendant deems to be the reasonable value of the goods provided or services rendered.Defendant has not received any goods or services from the Plaintiff, nor has the Defendant ever requested any goods or services from the Plaintiff. (Once again, technically correct- this also answers 4 and 5)6. I would not reply to this one. Let him file a motion to compel.8. State the names ann address of all the person who have knowledge of any relevant facts relating to this case.Give witness list, if any.That should handle it Link to comment Share on other sites More sharing options...
nascar Posted February 23, 2007 Report Share Posted February 23, 2007 Some of these questions also contradict my answer and defenses from my Answer. So how would i respond to these without incriminating myself? This is real easy.>>>>>>>>Don't Lie<<<<<<<<<6. I would not reply to this one. Let him file a motion to compel. Be careful here. Anything you don't provide during discovery (after being asked) can be suppressed if you try to present it at trial. That could mean none of your defenses would be admissible. Link to comment Share on other sites More sharing options...
divemedic Posted February 23, 2007 Report Share Posted February 23, 2007 If the account is SOL, this shouldn't matter. Link to comment Share on other sites More sharing options...
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