savethemiddleclass Posted July 30, 2008 Report Share Posted July 30, 2008 Thank you to all who have helped me in the past. Now, after submitting my answer, affirmitive defenses and a bill of particulars (NY), the lawyer has now sent me a combined request for production of documents and interrogatories and notice to admit. Many of the demands here would seem to self-incriminate me if I answered them, such as producing cancel payment checks. The original CC was for around 2K and they are suing for 7K. How do I respond to this? Why isn't there a court date? do I need to supply you with more info? I have 20 days to respond. Thanks SO much.STMC Link to comment Share on other sites More sharing options...
admin Posted July 30, 2008 Report Share Posted July 30, 2008 When they ask you to produce cancelled checks, tell them truthfully that you do not have them. When you ask for statements, respond that there is no proof that there was ever an account in the first place; it's up to the Plaintiff to produce those kinds of documents. Link to comment Share on other sites More sharing options...
savethemiddleclass Posted July 31, 2008 Author Report Share Posted July 31, 2008 Thank you. How should I phrase the latter assertion in my reply and do I send that reply to the county clerk as well. Thanks again Link to comment Share on other sites More sharing options...
beenserved Posted July 31, 2008 Report Share Posted July 31, 2008 To the best of my knowledge, I have no such documents, either because they have been lost, destroyed, or were never in my possession in the first place! Link to comment Share on other sites More sharing options...
beenserved Posted July 31, 2008 Report Share Posted July 31, 2008 got any 'rogs asking for the same?Objection: The interrogatory is onerous, calling for information that is either not now, nor has it ever been in the possession of the defendant. signature all Objections:_____________ Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 31, 2008 Report Share Posted July 31, 2008 dangerous Link to comment Share on other sites More sharing options...
admin Posted July 31, 2008 Report Share Posted July 31, 2008 Recovering - what do you suggest? Link to comment Share on other sites More sharing options...
savethemiddleclass Posted July 31, 2008 Author Report Share Posted July 31, 2008 Thanks for the ongoing help... do I write a written response to BOTH the production of documents and the NOTICE to Admit? Also, the lawyer stated that the "media" has been requested by their client and will take up to 120 days to be submitted and forwarded to me. Am I fighting a losing battle? Should I provide exact wording for you. Again, thanks Link to comment Share on other sites More sharing options...
admin Posted July 31, 2008 Report Share Posted July 31, 2008 You are fighting a winning battle! hang in there! Link to comment Share on other sites More sharing options...
savethemiddleclass Posted August 1, 2008 Author Report Share Posted August 1, 2008 In their notice to admit, there are three demends (paraphrased here):1. That I applied for and received the CC Acct. # ****2. That I benefited from said ACCT.3. There is a balance due.My question: How to I phrase a rebuttal to this stating that I am not denying this or admitting it, but rather supply a "detailed reason" why I cannot truthfully admit or deny these matters?Also, they do have a last payment date from 3 years ago (not SOL) when I might have been making payments of $XX monthly only to be charged $2X per month. Really, why is it that difficult for them to prove that I allegedly had this contract. Is it because it has changed hands so many timesand the OC - Fleet - was sold? Link to comment Share on other sites More sharing options...
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