Jump to content

Sample Interrogatories and Admissions to send to CA Attorney


Guest Jary
 Share

Recommended Posts

Guest Jary

Does any one have any sample Interrogatories and Addissions to send the CA Attorney in regards to a civil case, me being the defendant? I have this so far:

FIRST SET OF INTERROGATORIES PROPOUNDED TO PLANTIFF BY DEFENDANT

Now comes Defendant, ME, and request Plaintiff, THEM to answer under oath the following interrogatories. Please answer the following interrogatories pursuant to the Massachusetts Code of Civil Procedure within forty-five (45) days:

INSTRUCTIONS

a. These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial.

b. Where name and identity of a person is required, please state full name, home address and also business address, if known.

c. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and unless privileged, his attorney's. When answer is made by corporate defendant, state the name, address and title of persons supplying the information and making the affidavit, and announce the source of his or her information.

d. The pronoun "you" refers to the party to whom the Interrogatories are addressed and the parties mentioned in clause (d).

e. "Identify" when referring to an individual, corporation, or other entity shall mean to set forth the name and telephone number, and if a corporation or other entity, its principle place of business, or if an individual, the present or last known home address, his or her job title or titles, by whom employed and address of the place of employment.

INTERROGARTORY NO. 1: Identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the Plaintiff’s Organization.

INTERROGARTORY NO. 2: Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case.

INTERROGARTORY NO. 3: State your full name, your business purpose, (e.g. Creditor, Lender, Collection Agency, etc.) and your form of Business organization (e.g. corporation, partnership, sole proprietorship, etc.)

INTERROGARTORY NO. 4: Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

INTERROGARTORY NO. 5: In regards to the contract or agreement alleged in this action, please state the following:

A) Terms of the contract or agreement

B) Credit limit or amount financed in the alleged contract or agreement.

C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement

D) Date and monetary value of any valuable consideration received on the contract or agreement

E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

INTERROGATORY NO. 6: If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following:

A) Creditor name

B) Creditor Address

C) Creditor account or reference number for the subject of this action

D) State all facts in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs

E) Identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs

F) Identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs

INTERROGATORY NO. 7: For each person who has had any involvement in any manner in any efforts on your behalf to collect or attempt to collect any debt(s) purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.

INTERROGARTORY NO. 8: Describe each action taken, the nature, contents and subject matter of each discussion or conversation held, and the time, place and the date of each such action or conversation; and identify all documents relevant, related to or reflecting said involvement of each such person.

INTERROGARTORY NO. 9: Describe the maintenance of all procedures utilized by you, at any time from March 30, 2007, the date account was alleged opened with Providian National Bank, through the present to assure accuracy against violations of the Fair Debt Collection Practices Act.

INTERROGARTORY NO. 10: Describe the maintenance of all procedures utilized by you, at any time from March 30, 2007, the date account was alleged opened with BANK, through the present to assure accuracy against violations of the Massachusetts Code of Civil Procedures.

INTERROGARTORY NO. 11: Describe the maintenance of all procedures utilized by you at any time from March 30, 2007 the date account was alleged opened with Bank, through the present to assure accuracy against violations of the Massachusetts Credit Law.

INTERROGARTORY NO. 12: Identify the persons or entities, which are the creditor(s) regarding any debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.

INTERROGARTORY NO. 13: Identify each person who has had any contact or communication on your behalf with said persons or entities regarding Defendant or Defendant’s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof.

INTERROGARTORY NO. 14: Describe all collection activities, which you were authorized to perform by the creditor, and identify the terms of the agreement between the creditor(s) and you pursuant to which you sought to collect this account.

INTERROGARTORY NO. 15: To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying creditor(s).

INTERROGARTORY NO. 16: Describe your procedure and policy with respect to the Maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

INTERROGARTORY NO. 17: State all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.

INTERROGARTORY NO. 18: Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.

INTERROGARTORY NO. 19: Identify the relationship between you and Bank, with regards to the legal relation with one another, revenue sharing, and contractual agreements.

INTERROGARTORY NO. 20: Identify the relationship between you and Midland Credit Management, with regards to the legal relation with one another, revenue sharing, and contractual agreements.

INTERROGARTORY NO. 21: State if you has a legal department and if so, identify the location of the legal department, the dates the legal department has been in existence, the names, positions, telephone numbers and credentials off all employees in the legal department.

INTERROGARTORY NO. 22: Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in Plaintiff’s Claim.

INTERROGARTORY NO. 23: Identify all documents that the Plaintiff’s collectively intent to rely upon as a defense in this Counter-Claim.

INTERROGARTORY NO. 24: Identify all recordings you ever possessed in relation to Defendant of this action.

INTERROGARTORY NO. 25: State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

INTERROGARTORY NO. 26: State completely the factual basis of each defense, which you now assert or will assert in this action.

INTERROGARTORY NO. 27: State all the facts that show that the complaint fails to state a claim upon which relief may be granted, that Defendants claims fail and are barred against Plaintiff by the doctrine of unclean hands and that there has been a failure to comply with pertinent provisions of the Massachusetts Code of Civil Procedure.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed by

U.S. Mail Certified Mail this day of to xxxxxxx

Respectfully submitted,

xxxxxxx

Do they look ok, or should I change/add something??? I also need sample Request for Admissions that I can send them. Thanks

Link to comment
Share on other sites

You might want to ask specific questions about the interest rate and calculation, if the JDB is trying to collect interest in addition to the amount sold by the OC. You would also want to add an affirmative defense for usury interest if the interest rate is excessive.

Link to comment
Share on other sites

Guest Jary
You might want to ask specific questions about the interest rate and calculation, if the JDB is trying to collect interest in addition to the amount sold by the OC. You would also want to add an affirmative defense for usury interest if the interest rate is excessive.

Yesterday 06:16 PM

Tazjeepcj7 You may want to edit your post and delete any personal info.

Thanks, I got a little bit ahead of myself. About the interest how would I word that? Also I was thinking of adding in to it something about the Affidavit Attached to the Complaint stating that the Lawyer has personal knowledge of the debt. Something like:

In regards to the Affidavit Pursuant to MGL Chapter 231, Section 13B which was attached to the Complaint please state the following:

a. The affiant is the legal counsel retained by Plaintiff and not an employee of the assignor, Providian National Bank.

b. The affiant is not personally familiar with the books and records as they pertain to the alleged account because he is not an employee of assignor, Providian National Bank and his statement is based on hearsay.

Any ideas? I also need to send them Request for Admissions, but not sure how to start those...

Link to comment
Share on other sites

Not familiar with Mass law. Usually law libraries have books of forms for pleadings that will give you an idea on how to word your documents. I have seen interrogatories that ask for detailed explainations of negative responses to requests for admission "If you denied or answered negatively any of the attached Requests for Admissions of Fact, please explain each denial or negative answer and identify the facts that support your denial."

Link to comment
Share on other sites

These things should be structured to get information. How do your questions fit into your defense strategy or are you asking questions just to take up space on paper?

Why don't you owe the plaintiff ?

What do you need in order to prove your reason for not owing the plaintiff?

Are you in possession of that information already?

If not, can you get what you need from the Plaintiff ?

If yes, then structure your discovery around getting that information.

Have you done a "Request for Admissions" yet?

Link to comment
Share on other sites

Guest Jary
Have you done a "Request for Admissions" yet?

No I have not, I had sent them a Request for Production of Documents and their response was to send me Admission Request, POD, and Interrogatories (i have posted them in a different thread)

I thought maybe I should send my own or maybe I should just wait to see if they respond to my R for POD.

Link to comment
Share on other sites

Don't wait! You have nothing to gain by NOT submitting Requests for Admission and Interrogatories. Asking questions the Plaintiff does not want to answer is one way to get the Plaintiff to throw in the towel. Worked in my case, anyway. The Plaintiff's lawyer will probably tell you they will have to order the documents you requested and that you will have to wait weeks or months for them; hard for them to explain why they can't answer interrogatories that deal specifically with the JDB that owns the debt.

Link to comment
Share on other sites

Guest Jary

Thanks for the information, I am working on my Interrogatories, Now I have to work on my Request for Admission, not sure how to start it though, I will post a Draft when I have one.

Link to comment
Share on other sites

Guest Jary

This is my Draft for Request for Admission I am going to send to the CA Lawyer, any input will be appreciated.

REQUEST NO. 1

Plaintiff is a “debt collector” under the definitions of the FDCPA.

REQUEST NO. 2

Plaintiff is not the Assignee but owner of Bank Account XXXXXXXXXXXXXX .

REQUEST NO. 3

Plaintiff does not have a copy of any contract showing Defendant owes the money sought in the complaint.

REQUEST NO. 4

Plaintiff cannot state which date (or dates) the contract sued upon was entered into.

REQUEST NO. 5

Plaintiff cannot state in detail what goods or services were allegedly provided to the Defendant.

REQUEST NO. 6

Plaintiff cannot identify the specific charges represented by the balance sought in the complaint.

REQUEST NO. 7

Plaintiff has no documentation, which would prove Defendant received any of the services or items, which are represented in the balance sought in this action.

REQUEST NO. 8

Plaintiff's attorney submitted an Affidavit along with his Complaint against Defendant.

REQUEST NO. 9

In regards to the Affidavit Pursuant to MGL Chapter 231, Section 13B which was attached to the Complaint please state the following:

a. The affiant is the legal counsel retained by Plaintiff and not an employee of the assignor, Providian National Bank.

b. The affiant is not personally familiar with the books and records as they pertain to the alleged account because he is not an employee of assignor, Providian National Bank and his statement is based on hearsay.

REQUEST NO. 10

Plaintiff through his counsel was contacted by Defendant in or about February 23, 2007 regarding Defendant's dispute on Account XXXXXXXXXXXXXX.

REQUEST NO. 11

Plaintiff received said letter on or about February 26, 2007.

REQUEST NO. 12

Plaintiff has yet to provide Defendant with validation of alleged debt per FDCPA as requested on said letter.

REQUEST NO. 13

As a result of the February 23, 2007 request for verification from Defendant, Plaintiff then started legal action against Defendant for account above.

REQUEST NO. 14

After commencing legal action against the Defendant, Plaintiff mailed a collection letter dated April 4, 2007 in an attempt to collect on alleged account.

REQUEST NO. 15

Plaintiff is not reported as owner of alleged account on Defendant’s Credit Reports.

REQUEST NO. 16

Plaintiff and Midland Credit Management are one and the same company.

REQUEST NO. 17

Plaintiff and Midland Credit Management have the same mailing address of 8875 Aero Drive Suite 200, San Diego, CA 92123.

REQUEST NO. 18

Plaintiff and Midland Credit Management are owned by the same company Encore Capital Group, Inc.

REQUEST NO. 19

Plaintiff represented the amount owed on Complaint dated March 30, 2007 as being the sum of $2,898.59

REQUEST NO. 20

Plaintiff represented the amount owed on collection letter sent to the Defendant dated April 4, 2007 as being the sum of $3,134.41.

Respectfully submitted,

Link to comment
Share on other sites

Keep in mind that admissions are to determine issues of fact, not law. Overbroad questions may not provide you the answer you are looking for. The is usually a set number of allowed Admissions of Fact questions and a set number of Interrogatory questions allowed.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.