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Help with suit and Iterroagatories


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Ok Im new to posting.

Here is my delema?

1. Who is suing me? Weltman,Weinberg & Reis Atty for Plaintiff

2. How much? $4867.94

3. O/C? Loc Federal Credit Union(michigan)

4. How do I know im being sued? Received Summons & Complaint

5. How served? CMRRR from Clerk of Court

6. What was correspondence? Back in May 2006 with OC I could not make payments on a "signature loan" anymore and defaulted, they called, I heard nothing else from OC. Spoke with Atty in 2007 maybe, but dont recall getting anything from them but could have. Tried to settle with atty after complaint was filed, but to no avail.

7. Where do I live? OHIO

8. last time paid? May 2006

9. Status of case? pending arbitration hearing 2-21-08

10. Have I disputed debt? NO

11. Did I request DV? NO

12. Does summons require a response? yes, I already did, first reply was fro extra time to court, "Granted", answer to complaint filed by 12-20-07, set for arbitration.

13. What eveidence did they send? All fax copies of Loan Agreement as Exhibit A and stated in summons, fax copies of statements as exhibit B but no mention in summons.

14. In Ohio? 15 years, its only been 1 1/2 years.

Next page will be

Plaintiffs Interrogatories (see next post)

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These were sent from Weltman,Weinberg & Reis Atty for plaintiff.

On the bottom of the complaint I got it states

"this law firm is a debt collector attempting to collect this debt for our client an d any information obtained will be used for that purpose."

Interrogatory

1. State your full name.

Objection already in their posession

Interrogatory

2. State any other names which you have used or been known by.

None

Interrogatory

3. State your current residential address and telephone number.

Objection already in their posession

Interrogatory

4. State the period of time which you have lived at your current residential address.

Objection not relevant

Interrogatory

5. (A) If you have resided at any other address during the past ten (10) years, state previous residential address(es).

Objection, not relevant

(B) State the period of time during which you lived at each previous address listed above.

Objection not relevant

Interrogatory

6. State your date of birth.

Objection should already be in their posession

Interrogatory

7. State your social security number.

Objection, requesting privileged information

Interrogatory

8. State the name and addresses of your present employer and all former employers for the past five (5) years. With request to each Answer, state your position and amount of salary.

Objection not relevant

Interrogatory

9. State whether or not you have ever applied for the Account with Plaintiff which is the subject matter of this lawsuit, and if so, give the date of said application.

Admit, as I have had multiple accounts over time

Interrogatory

10. State with particularity the basis of any denials stated in your Answer to Plaintiff’s Complaint.

I denied the amount owed and the demand made

Interrogatory

11. State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff’s Complaint.

I beleive account was sold/transferred to debt collector based on credit report status of "Charged off as bad debt" and "Profit and loss write off" as of 5/2007 account closed.

Request for Admission

12. Admit that you received funds pursuant to the Loanliner which is the subject matter of this lawsuit.

Admit????

Interrogatory

13. If you deny Admission Number 12, state, with particularity, the basis for such denial.

Request for Admission

14. Admit that you made application for the account which is the subject matter of the lawsuit.

Admit????

Interrogatory

15. If you deny Admission Number 14, state, with particularity, the basis for such denial.

Request for Admission

16. Admit that you failed to return the funds provided to you by Plaintiff as per the terms of the Loan Agreement.

Objection, made repeated attempts to make arrangements

Interrogatory

17. If you deny Admission Number 16, state, with particularity, the basis for such denial.

Request for Admission

18. Admit that you received periodic statements of your Account with Plaintiff.

Admit???

Interrogatory

19. If you deny Admission Number 18, state, with particularity, the basis for such denial.

Request for Admission

20. Admit that the balance due and owing on the account, which is the subject matter of this lawsuit, is the amount set forth in Plaintiff’s Complaint.

Denied

Interrogatory

21. If your answer to the Request for Admission No. 20 is in the form of a denial state the amount which you admit is currently due and owing on said account, and fully explain your reason(s) why this amount is due and owing instead of the amount set forth in Plaintiff’s Complaint.

Not sure how to answer????

Request for Admission

22. Admit that the payments required by the agreement were not made in a timely manner.

Admit??? or deny???

Interrogatory

23. If you deny Admission Number 22, state, with particularity, the basis for such denial.

????

Request for Admission

24. Admit that the Plaintiff properly accelerated the time for payment of the entire balance due and owing on the account which is the subject matter of this lawsuit.

do not recall any letters from them

Interrogatory

25. If you deny Admission Number 24, state, with particularity, the basis for such denial.

????

Interrogatory

26. State the name and address of all individuals with direct knowledge of the within case and indicate which of those individuals you intend to call as a witness at trial.

None at this time but reserve the right to add at later date

Request for Production of Documents

27. You are hereby requested to produce, at the time and place set forth in the instructions, all written documents relative to the account in question currently in the possession of the Defendant and/or agent. The term “written documents” includes, but is not limited to, letters, notes of telephone calls, or any other written correspondence.

Only have my memory of phone calls, and last statement that says this will be your last statement from us, should I include?

Interrogatory

28. State the names of all individuals who have helped you answer these discovery requests.

None

Interrogatory

29. Name all witnesses which you plan to have testify at any trial, hearing or arbitration of this matter and summarize their testimony.

None at this time but reserve the right to add at later date

Interrogatory

30. Name all expert witnesses you plan to have testify at any trial, hearing or arbitration of this matter and summarize their testimony.

None at this time but reserve the right to add at later date

Request for Production of Documents

31. Designate all exhibits you plan to introduce at any trial, hearing or arbitration of this matter and attach those exhibits.

Could produce CR that shows charge off and profit and loss closed account.

Request for Production of Documents

32. Attach any documents that support the affirmative defenses in your answer.

Could produce CR that shows charge off and profit and loss closed account.

Request for Production of Documnets

33. Attach all documents in your possession relevant to the proceedings herein.

Not sure what ot produce or how to answer???

Request for Production of Documents

34. Attach evidence of any payments made by you to LOC Federal Credit Union under the terms of the Loanliner.

Objection, what should be the basis

Request for Production of Documents

35. Attach any correspondence received by you from LOC Federal Credit Union from the date of the Loanliner until now.

Could show last statement, or Object on what basis???

Request for Admission

36. Admit that all the documents attached to Plaintiff’s Complaint are true and accurate copies.

Denied, they are fax copies that look like someone could have typed them

Interrogatory

37. If you deny Admission Number 36, state, with particularity, the basis for such denial.

Not originals

Request for Admission

38. Admit that the signatures contained on the documents attached to Plaintiff’s Complaint are yours.

Denied

Interrogatory

39. If you deny Admission Number 38, state, with particularity, the basis for such denial.

Not original

Request for Admission

40. Admit that the damages that Plaintiff has designated in the Complaint are the amounts due and owing by you.

denied

Interrogatory

41. If you deny Admission Number 40, state, with particularity, the basis for such denial.

Waiting for discovery???? see my rogs next post

Request for Admission

42. Admit that you have no affirmative defenses to Plaintiff’s Complaint.

denied

Interrogatory

43. If you deny Admission Number 42, state, with particularity, the basis for such denial.

Waiting for deiscovery???see my rogs next post

Please help in editing, I know my answers are short but I have tried 4 times to post this..

Thanks

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Here is what I have so far, I need to get these out ASAP, first thing tomorrow so I get them back before arbitration 2-21-08

Interrogatories and Requests

Interrogatory

1. Identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the Plaintiffs Organization

Interrogatory

2 Identify all person 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.

Interrogatory

3. State you 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.)

Interrogatory

4. State whether there is any insurance agreement under which any person conducting an insurance business may be liable to satisfy part or all of the judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any judgment which may be entered in this action.

Interrogatory

For each person who has had any involvement in any manner in any efforts on you 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.

Interrogatory

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 person.

Answer:

Interrogatory

Describe the maintenance of all procedures utilized by you, at any time from November 11, 2004 , the date account was alleged open with LOC Federal Credit Union, through the present to assure accuracy against violations of the Fair Debt Collection Practices Act.

Interrogatory

Describe the maintenance of all procedures utilized by you, at any time from November 11, 2004, the date account was alleged opened with LOC Federal Credit Union, through the present to assure accuracy against violations of the Ohio Code of Civil Procedures.

Interrogatory

Describe the maintenance of all procedures utilized by you, at any time from November 11, 2004, the date account was alleged opened with LOC Federal Credit Union, through the present to assure accuracy against violations of the Ohio Consumer Credit Law.

Interrogatory

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.

Interrogatory

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.

Interrogatory

Describe all collection activities, which you were authorized to perform by the creditor, and identify the terms of the agreement between the creditor and you pursuant to which you sought to collect this account.

Interrogatory

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 the underlying creditor(s).

Interrogatory

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 the interrogatories, or related in any way to this judgment, 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 transfer it out of your control or custody; and if document still exists, identify the person now having control or custody of the document.

Interrogatory

State all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay Plaintiff.

Interrogatory

Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration received , entered into a contract promising to pay Plaintiff.

Interrogatory

Identify the relationship between Weltman, Weinberg & Reis Co., L.P.A., and LOC Federal Credit Union, with regards to the legal relation to one another, revenue sharing, and contractual agreements.

Interrogatory

Describe all aspects of how plaintiff has transferred this collection activity to Weltman, Weinberg & Reis Co., LPA., and provide all documents pertaining to action.

Request for production of documents

Attach any correspondence received by you "Plaintiff" from Defendant from the date of the Loanliner Until now.

Request for production of Documents

Attach evidence of any payments made by Defendant to plaintiff, under the terms of the Loanliner agreement.

Request for production of documents

Attach all documents in your posession relevant to the proceedings herein.

Request for prodection of documents

Designate all exhibits you plan to introduce at any trial, hearing or arbitration of this matter and attach all originals as those exhibits

How does this sound, should I add any more or remove some, please help me edit..

thanks

flynhigh

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On your questions where you are unsure on whether to admit...

I would consider answering "I am unsure what specific document you would be referring to. I would need to review verified, original documents, with my original signature, signed and dated by a competent fact witness for the plaintiff in order to answer this question."

OR

"Objection. Item (such and such by number)are plaintiff’s burden

to prove – not defendants’ burden to disprove."

Don't admit. Those answering discovery can only lose the case. Don't do anything to lose.

I had an actual bar attorney answer my discovery questions (yes they answered instead of the actual plaintiff, which is foolish in its own right.) in this way when I asked for the actual signed contract, "This document, if it exists, is not readily obtainable."

I just filed for summary judgment against them.

The point is NEVER, EVER answer in a way that you destroy your case or defense. These questions are designed to trip you up. That's what I did to the other attorney.

Just my 2 cents.

I'm not a lawyer and in no way am giving legal advice. Treat and use my free speech on this subject at your own risk and peril.

Good luck!!

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This debt is current and fresh as far as fighting it goes. Unless you have documented FDCPA or other violations to push back with I think you'll lose this one.

Just because the OC has charged off this debt to their profit and loss ledgers, does not mean that it has magically gone away. Sounds like they sold it and it is still perfectly valid.

It's O.K. to admit your name and address including past addresses, your answer to those is argumentative and will piss off the judge.

They have your contract, to deny the things in your contract (I assume you also signed it) you would have to be able to truthfully claim it is a forgery somehow.

They ask for your employment info to execute garnishment if they win. If they don't get it now they will haul you back in for an asset hearing and get it then.

Even though you tried to make a post default payment plan, that does not mean you adhered to the agreement as asked in their interrogatory.

I hate to be the bearer of such dismal news but I think your in damage control mode now. Maybe you can broker a better deal at arbitration.

Someone else smarter then me may have ideas too.:idea:

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I would send the lawyer a letter right now, copy to the Clerk, stating that you object to the Demand for Admissions as they improperly ask for answers concerning disputed but ultimate fact, best left for your court date. As to the Interrogatories, answer them the best you can. I think you have approached them reasonably.

Real question is, what is your defense?

I'd try to get some $$$ together and be prepared with a reasonable, rational settlement offer.

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I would send the lawyer a letter right now, copy to the Clerk, stating that you object to the Demand for Admissions as they improperly ask for answers concerning disputed but ultimate fact, best left for your court date. As to the Interrogatories, answer them the best you can. I think you have approached them reasonably.

Not sure what you mean by letter? is there an example somwhere and what does this do for me?

Real question is, what is your defense?

To be perfectly honest Im trying to buy time, for possible settlement?

I'd try to get some $$$ together and be prepared with a reasonable, rational settlement offer.

That is exactly what Im trying to do as well as avoid garnishment, or freeze bank account.

Should I still send them the Rogs???

flynhigh

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  • 3 weeks later...

I need to get this out today as I have to leave town for a week tomorrow. Can someone help edit my answers PLEASE!!!!!

Interrogatories and Requests

Interrogatory

1. State your full name.

Answer:

Stated

Interrogatory

2. State any other names which you have used or been known by.

Answer: None

Interrogatory

3. State your current residential address and telephone number.

Answer:

stated

Interrogatory

4. State the period of time which you have lived at your current residential address.

Answer: Objection, Not relevant in this matter

Interrogatory

5. (A) If you have resided at any other address during the past ten (10) years, state previous residential address(es).

(B) State the period of time during which you lived at each previous address listed above.

Answer:

(A) Objection, Not relevant in this matter

(B) Objection, Not relevant in this matter

Interrogatory

6. State your date of birth.

Answer: Objection, Already in plaintiff's possession.

Interrogatory

7. State your social security number.

Answer: Objection, already in plaintiff's possession, and plaintiff is seeking confidential information.

Interrogatory

8. State the name and addresses of your present employer and all former employers for the past five (5) years. With request to each Answer, state your position and amount of salary.

Answer: Objection, Not relevant in this matter

Interrogatory

9. State whether or not you have ever applied for the Account with Plaintiff which is the subject matter of this lawsuit, and if so, give the date of said application.

Answer: Admit as I have had several accounts with plaintiff over the years.

Interrogatory

10. State with particularity the basis of any denials stated in your Answer to Plaintiff’s Complaint.

Answer: Not sure what plaintiff is asking for.

Interrogatory

11. State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff’s Complaint.

Answer: Defendant believes that based on defendants credit report, Plaintiff has sold/transferred debt as account states, “Charge OFF” bad debt and “Profit and Loss”

wrire off, 5/2007.

Request for Admission

12. Admit that you received funds pursuant to the Loanliner which is the subject matter of this lawsuit.

Answer: Admit

Interrogatory

13. If you deny Admission Number 12, state, with particularity, the basis for such denial.

Answer: Not Applicable

Request for Admission

14. Admit that you made application for the account which is the subject matter of the lawsuit.

Answer: Admit

Interrogatory

15. If you deny Admission Number 14, state, with particularity, the basis for such denial.

Answer: Not Applicable

Request for Admission

16. Admit that you failed to return the funds provided to you by Plaintiff as per the terms of the Loan Agreement.

Answer: Objection, Defendant has made repeated attempts to make arrangements.

Interrogatory

17. If you deny Admission Number 16, state, with particularity, the basis for such denial.

Answer: Not Applicable

Request for Admission

18. Admit that you received periodic statements of your Account with Plaintiff.

Answer: Admit, as Defendant has had several accounts with Plaintiff

Interrogatory

19. If you deny Admission Number 18, state, with particularity, the basis for such denial.

Answer: Not applicable

Request for Admission

20. Admit that the balance due and owing on the account, which is the subject matter of this lawsuit, is the amount set forth in Plaintiff’s Complaint.

Answer: Objection, Defendant is not in posession of any statement from Plaintiff showing balance due.

Interrogatory

21. If your answer to the Request for Admission No. 20 is in the form of a denial state the amount which you admit is currently due and owing on said account, and fully explain your reason(s) why this amount is due and owing instead of the amount set forth in Plaintiff’s Complaint.

Answer: Objection, Defendant believes that the account has been sold/transferred for less than amount due.

Request for Admission

22. Admit that the payments required by the agreement were not made in a timely manner.

Answer: Admit

Interrogatory

23. If you deny Admission Number 22, state, with particularity, the basis for such denial.

Answer: Not Applicable

Request for Admission

24. Admit that the Plaintiff properly accelerated the time for payment of the entire balance due and owing on the account which is the subject matter of this lawsuit.

Answer: Objection, plaintiff is seeking information that is not available to defendant, as defendant is unaware of plaintiffs proper procedures for acceleration.

Interrogatory

25. If you deny Admission Number 24, state, with particularity, the basis for such denial.

Answer: Not Applicalbe

Interrogatory

26. State the name and address of all individuals with direct knowledge of the within case and indicate which of those individuals you intend to call as a witness at trial.

Answer: None at this time, but defendant reserves the right to add at a later date and time.

Request for Production of Documents

27. You are hereby requested to produce, at the time and place set forth in the instructions, all written documents relative to the account in question currently in the possession of the Defendant and/or agent. The term “written documents” includes, but is not limited to, letters, notes of telephone calls, or any other written correspondence.

Answer: Defendant has no written notes or correspondence from plaintiff or plaintiff attorney.

Interrogatory

28. State the names of all individuals who have helped you answer these discovery requests.

Answer: Not Applicable

Interrogatory

29. Name all witnesses which you plan to have testify at any trial, hearing or arbitration of this matter and summarize their testimony.

Answer: None at this time, but reserve the right to add at a later date and time.

Interrogatory

30. Name all expert witnesses you plan to have testify at any trial, hearing or arbitration of this matter and summarize their testimony.

Answer: None at this time, but reserve the right to add at a later date and time.

Request for Production of Documents

31. Designate all exhibits you plan to introduce at any trial, hearing or arbitration of this matter and attach those exhibits.

Answer: None at this time, but reserve the right to add at a later date and time.

Request for Production of Documents

32. Attach any documents that support the affirmative defenses in your answer.

Answer: None at this time, but reserve the right to add at a later date and time.

Request for Production of Documents

33. Attach all documents in your possession relevant to the proceedings herein.

Answer: None at this time, but reserve the right to add at a later date and time.

Request for Production of Documents

34.Attach evidence of any payments made by you to LOC Federal Credit Union under the terms of the Loanliner.

Answer: Objection, Defendant objects to item 34, on the grounds that plaintiff seeks information that is not within the possession or custody of the defendant.

Request for Production of Documents

35. Attach any correspondence received by you from LOC Federal Credit Union from the date of the Loanliner until now.

Answer: Objection, Defendant objects to item 35, on the grounds that plaintiff seeks information that is not within the possession or custody of the defendant.

Request for Admission

36. Admit that all the documents attached to Plaintiff’s Complaint are true and accurate copies.

Answer: Denied

Interrogatory

37. If you deny Admission Number 36, state, with particularity, the basis for such denial.

Answer: Documents are faxed copies of an agreement and not original signed copies.

Request for Admission

38. Admit that the signatures contained on the documents attached to Plaintiff’s Complaint are yours.

Answer: Objection, Defendant would need to review verified, original documents, with my original signature(s), signed and dated by a copmetent fact witness for the plaintiff to answer this question.

Interrogatory

39. If you deny Admission Number 38, state, with particularity, the basis for such denial.

Answer: Defendant would need to review verified, original documents, with my original siganture(s), signed and dated by a competent fact witness for the plaintiff's.

Request for Admission

40. Admit that the damages that Plaintiff has designated in the Complaint are the amounts due and owing by you.

Answer: Objection, Defendant objects as this is speculative.

Interrogatory

41. If you deny Admission Number 40, state, with particularity, the basis for such denial.

Answer: Amount is speculative at this time

Request for Admission

42. Admit that you have no affirmative defenses to Plaintiff’s Complaint.

Answer: Denied

Interrogatory

43. If you deny Admission Number 42, state, with particularity, the basis for such denial.

Answer: Defendant is still waiting for plaintiff's answers and production of documentation.

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