Please review my responses.....

[ty24]

Below are my responses to their requests for admission. Please review and give me some pointers if possible. Thanks in advance for your time and help. Responses to interrogatories and production of documents coming shortly. Please also see my questions at the bottom.

REQUESTS FOR ADMISSION

REQUEST ONE: Plaintiff is a corporation duly organized and existing under and by virtue of law.

Defendant lacks sufficient information and belief in order to truthfully admit or deny this request.

REQUEST TWO: Defendant is a resident of XXXXX, Missouri.

Defendant Admits.

REQUEST THREE: Defendant signed an application and received a credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

REQUEST FOUR: Defendant used the credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK to purchase goods and/or services.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) overwhelming evidence that the subject credit card belonged to the defendant.

REQUEST FIVE: By using the credit card, Defendant agreed to the terms and conditions of the extension of credit attached to Plaintiff’s Petition.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

REQUEST SIX: Defendant never objected through written correspondence to Plaintiff or its predecessor, to any of the terms and conditions attached to Plaintiff’s Petition.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

REQUEST SEVEN: Defendant agreed to pay per the term of the extension of credit agreement, a copy of which is attached to the Petition filed with the Court in this matter.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

REQUEST EIGHT: Plaintiff has performed all of Plaintiff’s obligations under the agreement.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant.

REQUEST NINE: Defendant breached the agreement by failing to make payments to Plaintiff as required by the contract.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

REQUEST TEN: That Defendant is indebted to Plaintiff in the principal sum of $xxxx.xx as shown in the itemized statement attached to Petition filed with the Court in this matter.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

REQUEST ELEVEN: That after all offsets and credits, Defendant is indebted to Plaintiff in the principal sum of $xxxx.xx plus interest at the rate of xx.xx% per annum from December 24, 2008 plus Court costs.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

REQUEST TWELVE: That demand for payment was made on or before December 24, 2008 and payment has been refused.Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

REQUEST THIRTEEN: Plaintiff has been damaged in the amount of xxxxx.xx plus interest at the rate of xx.xx% per annum from December 24, 2008 and reasonable attorneys fees by Defendant’s breach.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

REQUEST FOURTEEN: Defendant remains indebted to Plaintiff in the total principal sum of xxxx.xx together with all interest, attorney fees, statutory damages and Court Costs as requested in the Petition.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

MY INPUT: This is very rough. I know it could be better by stating dates which I requested documents, etc., however I haven't had time to send my own interrogatories, production of docs, etc. I also did not DV this within the time limit. I didn't find these boards in time, so I wasn't as knowledgable then as I am now. I would wait to send these until I had my interrogatories ready, but the deadline is fast approaching, so I need to get these out by tomorrow at the latest. All input is welcomed and much appreciated. Thanks!!

[ty24]

[iNTERROGATORIES

INTERROGATORY ONE: If Request One of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request One is based.

Defendant lacks sufficient information and belief in order to truthfully admit or deny this request

INTERROGATORY TWO: If Request Two of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Two is based.

Defendant admits request two.

INTERROGATORY THREE: If Request Three of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Three is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY FOUR: If Request Four of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Four is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) overwhelming evidence that the subject credit card belonged to the defendant.

INTERROGATORY FIVE: If Request Five of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Five is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY SIX: If Request Six of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Six is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY SEVEN: If Request Seven of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Seven is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY EIGHT: If Request Eight of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Eight is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant.

INTERROGATORY NINE: If Request Nine of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Nine is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY TEN: If Request Ten of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Ten is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

INTERROGATORY ELEVEN: If Request Eleven of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Eleven is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

INTERROGATORY TWELVE: If Request Twelve of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Twelve is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

INTERROGATORY THIRTEEN: If Request Thirteen of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Thirteen is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

INTERROGATORY FOURTEEN: If Request Fourteen of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Fourteen is based.

Defendant lacks sufficient information or knowledge to truthfully admit or deny. Defendant reserves the right to amend this response upon production (by the Plaintiff) of overwhelming evidence that there was a signed agreement between the Plaintiff and Defendant as well as evidence of the itemized calculations used to arrive at the said amount.

MY INPUT: These seem to be asking exactly the same thing as the requests for admission. I guess they are wanting a bit more explanation, but do I need to go any more specific? I have just answered all interrogatories exactly as I did the requests. Is this wrong? Thanks for your help!!

[ty24]

REQUESTS FOR PRODUCTION OF DOCUMENTS

All documents upon which you relied or to which you referred in answering Plaintiff’s Interrogatories to Defendant.

No documents have been relied upon in developing my answers to the Plaintiff's interrogatories.

1. All correspondence between you and Plaintiff, its predecessor, or anyone acting on its behalf, that refers, relates or pertains to any allegations in Plaintiff’s Petition.

To the best of my knowledge, I have been unable to verify that a contract or agreement under which transactions could occur ever existed between the Plaintiff and Defendant in this case. In the answer to Plaintiff’s petition I have requested strict proof of such agreement. I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place, or they simply do not exist.

• Any documents that refer, relate, or pertain to any of the occurrences mentioned in Plaintiff’s Petition..

To the best of my knowledge, I have been unable to verify that a contract or agreement under which transactions could occur ever existed between the Plaintiff and Defendant in this case. In the answer to Plaintiff’s petition I have requested strict proof of such agreement. I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place, or they simply do not exist.

• Any documents that refer, relate, or pertain to the contract with Plaintiff..

To the best of my knowledge, I have been unable to verify that a contract or agreement under which transactions could occur ever existed between the Plaintiff and Defendant in this case. In the answer to Plaintiff’s petition I have requested strict proof of such agreement. I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place, or they simply do not exist.

• Any communications between you and anyone other than your attorney that refers, relates, or pertains to any of the occurrences mentioned in Plaintiff’s Petition..

To the best of my knowledge, I have been unable to verify that a contract or agreement under which transactions could occur ever existed between the Plaintiff and Defendant in this case. In the answer to Plaintiff’s petition I have requested strict proof of such agreement. I have no such documents either because they have been lost, destroyed, or were never in my possession in the first place, or they simply do not exist.

MY INPUT: Same answer for all. I don't know if it will suffice, but if they have the burden of proof, I don't have any documentation to provide to them in order to help them. Please note that i have talked with the defendant regarding settlement, however I disclaimed our communication each and every time prior to conversation or written correspondence. Do I need to disclose this information? Furthermore I would like to point out that the exhibits that were provided with the petition were an affidavit (hearsay), an old statement stating the overdue balance which was sent to an address that I had not lived at for almost a year, and a generic agreement, which the copyright date is newer than the open account date on my CR. Since the agreement is a large part of my responses do I need to disclose that the agreement is invalid, or can I wait until court to strike it? Thanks for the help!!

[Tazjeepcj7]

I've seen an answer on this board more or less "Denied - Requires admittance of facts not yet entered into evidence."

[ty24]

I don't understand your response. Can you please elaborate on what you are talking about? If it is about my answers, why would I have to answer anything regarding the card, etc. when I have not been presented with proof that the alleged debt is even mine?

[ty24]

Ttt

[merrybucks]

I believe what Tazjeepcj7 is saying is that your answers are too wordy. You need to admit or deny. Anything that you do not admit or deny will be deemed admitted. It looks like in most of your answers you neither admit or deny.

[ty24]

Deleted

[ty24]

Ok, I somewhat understand what you are saying. How is this? Please respond if you have any input at all. I need to send this off tomorrow and have a job interview, so I will have to be done with this by noon CT tomorrow. I was also wondering if anyone knew anything about the dates. My states RCPs state you tack on 3 days for response if the service is by mail. The 3rd day will be Saturday. My question is whether it needs to be postmarked by Sat, or if it must be in their posession by Sat? I contacted my clerk and they said call an attorney. Thanks in advance for your help.

REQUESTS FOR ADMISSION

REQUEST ONE: Plaintiff is a corporation duly organized and existing under and by virtue of law.

Defendant admits to Plaintiff's request for admission #1.

NOTE: Do I admit to this even though I am not knowledgable on the subject?

REQUEST TWO: Defendant is a resident of XXXXX, Missouri.

Defendant admits to Plaintiff's request for admission #2.

REQUEST THREE: Defendant signed an application and received a credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK.

Defendant denies ever signing an application. Defendant admits to having received a credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK as the Defendant possesses multiple accounts with the said bank. NOTE: Should I admit to this altogether? I do not recall ever signing an application, however it was so long ago that it is possible that I did and do not remember.

REQUEST FOUR: Defendant used the credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK to purchase goods and/or services.

Defendant admits to Plaintiff's request for admission #4. NOTE: If I am denying the above, should I be denying this?

REQUEST FIVE: By using the credit card, Defendant agreed to the terms and conditions of the extension of credit attached to Plaintiff’s Petition.

Defendant denies Plaintiff's request for admission #5.

NOTE: Again, I am denying because I do not recall every signing anything stating I agreed to the terms. The attachment was also a generic agreement which had a copyright date of 2005, however they are reporting on my CR that my account was opened well before this date. Do I need to state this or can I wait until the trial to strike?

REQUEST SIX: Defendant never objected through written correspondence to Plaintiff or its predecessor, to any of the terms and conditions attached to Plaintiff’s Petition.

Defendant admits to Plaintiff's request for admission #6. NOTE: Again, I didn't ever object, however I don't recall ever signing an agreement. Do I need to deny this on that basis?

REQUEST SEVEN: Defendant agreed to pay per the term of the extension of credit agreement, a copy of which is attached to the Petition filed with the Court in this matter.

Defendant denies Plaintiff's request for admission #7. NOTE: Answer based on never signing an agreement and the attached agreement not being valid for my specific account due to the date, as stated above.

REQUEST EIGHT: Plaintiff has performed all of Plaintiff’s obligations under the agreement.

Defendant denies Plaintiff's request for admission #8.

NOTE: Denied because I am not knowledgable of the Plaintiff's obligations and do not recall having signed any agreement. Is this ok?

REQUEST NINE: Defendant breached the agreement by failing to make payments to Plaintiff as required by the contract.

Defendant denies Plaintiff's request for admission #9. NOTE: Denied as they need to present proof.

REQUEST TEN: That Defendant is indebted to Plaintiff in the principal sum of $xxxx.xx as shown in the itemized statement attached to Petition filed with the Court in this matter.

Defendant denies Plaintiff's request for admission #10. NOTE: I'm not sure if I admit or deny this one. They do have an attached statemen for that amount, however it was sent to an address I hadn't lived at for almost a year. It also isn't really "that itemized as it only has fees that they tacked on, so it doesn't itemize the entire balance. Do I deny until they present a specific calculation of the entire balance they are stating due?

REQUEST ELEVEN: That after all offsets and credits, Defendant is indebted to Plaintiff in the principal sum of $xxxx.xx plus interest at the rate of xx.xx% per annum from December 24, 2008 plus Court costs.

Defendant denies Plaintiff's request for admission #11.

NOTE: Again, burden of proof. They haven't presented what the amount consists of and I don't recall agreeing to the interest rate.

REQUEST TWELVE: That demand for payment was made on or before December 24, 2008 and payment has been refused.

Defendant denies Plaintiff's request for admission #12.

Becuase of the statement, do I admit this? I never outright refused payment.

REQUEST THIRTEEN: Plaintiff has been damaged in the amount of xxxx.xx plus interest at the rate of xx.xx% per annum from December 24, 2008 and reasonable attorneys fees by Defendant’s breach.

Defendant denies Plaintiff's request for admission #13.

Same as above regarding amount.

REQUEST FOURTEEN: Defendant remains indebted to Plaintiff in the total principal sum of xxxx.xx together with all interest, attorney fees, statutory damages and Court Costs as requested in the Petition.

Defendant denies Plaintiff's request for admission #14.

Same as above regarding amount.

[ty24]

Ok, here is the updated response to Interrogatories based on the responses I have gotten. Please provide feedback if possible. Thanks for your help.

INTERROGATORIES

INTERROGATORY ONE: If Request One of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request One is based.

Not applicable. Assuming i continue to admit.

INTERROGATORY TWO: If Request Two of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Two is based.

Not applicable.

INTERROGATORY THREE: If Request Three of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Three is based.

Defendant denies ever having signed an application for credit. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY FOUR: If Request Four of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Four is based.

Not applicable. Assuming I continue to admit.

INTERROGATORY FIVE: If Request Five of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Five is based.

Defendant denies having signed such an agreement. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY SIX: If Request Six of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Six is based.

Not applicable. Assuming I continue to admit.

INTERROGATORY SEVEN: If Request Seven of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Seven is based.

Defendant denies having signed such an agreement. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY EIGHT: If Request Eight of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Eight is based.

Defendant denies having signed such an agreement. Defendant lacks specific information or knowledge to admit whether the Plaintiff has performed all obligations under the said agreement. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY NINE: If Request Nine of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Nine is based.

Defendant denies having signed such an agreement. Defendant lacks specific information or knowledge to admit whether the Plaintiff has performed all obligations under the said agreement. Defendant reserves the right to amend this response upon production (by the Plaintiff) of the Agreement referenced herein, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution.

INTERROGATORY TEN: If Request Ten of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Ten is based.

Defendant denies as the Plaintiff has not presented substantial evidence of an agreement between the Defendant and Plaintiff as well as an itemized calculation including all interest and fees making up the said balance as requested in the Defendant's Answer to the summons presented to the court and plaintiff's counsel on xx/xx/xxxx. Defendant reserves the right to amend this response upon production (by the Plaintiff) of these documents, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution. Not sure how to answer this one. Help would be much appreciated.

INTERROGATORY ELEVEN: If Request Eleven of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Eleven is based.

Defendant denies as the Plaintiff has not presented substantial evidence of an agreement between the Defendant and Plaintiff as well as an itemized calculation including all interest and fees making up the said balance as requested in the Defendant's Answer to the summons presented to the court and plaintiff's counsel on xx/xx/xxxx. Defendant reserves the right to amend this response upon production (by the Plaintiff) of these documents, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution. Not sure how to answer this one. Help would be much appreciated.

INTERROGATORY TWELVE: If Request Twelve of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Twelve is based.

I'm really unsure how to answer this one or if I should even be denying it. As I stated in my request to admissions, they have attached a statement with the said date and amount to the petition, however it was sent to an address that I had not lived at for nearly a year and I did not "outrightly" refuse to pay. Thoughts?

INTERROGATORY THIRTEEN: If Request Thirteen of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Thirteen is based.

Defendant denies as the Plaintiff has not presented substantial evidence of an agreement between the Defendant and Plaintiff as well as an itemized calculation including all interest and fees making up the said balance as requested in the Defendant's Answer to the summons presented to the court and plaintiff's counsel on xx/xx/xxxx. Defendant reserves the right to amend this response upon production (by the Plaintiff) of these documents, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution. Not sure how to answer this one. Help would be much appreciated.

INTERROGATORY FOURTEEN: If Request Fourteen of Plaintiff’s Request for Admission Directed to Defendant is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Fourteen is based.

Defendant denies as the Plaintiff has not presented substantial evidence of an agreement between the Defendant and Plaintiff as well as an itemized calculation including all interest and fees making up the said balance as requested in the Defendant's Answer to the summons presented to the court and plaintiff's counsel on xx/xx/xxxx. Defendant reserves the right to amend this response upon production (by the Plaintiff) of these documents, if such documentation is sufficient to establish that an agreement actually existed between Plaintiff and Defendant and contains a date of execution. Not sure how to answer this one. Help would be much appreciated.

[ty24]

Below are my updated responses to their request for production of documents. As stated previoiusly, I need to get this done by noon CT tomorrow, so any help would be appreciated. TIA!

REQUESTS FOR PRODUCTION OF DOCUMENTS

1. All documents upon which you relied or to which you referred in answering Plaintiff’s Interrogatories to Defendant.

Objection: Defendant objects to Plaintiff's request for production #1 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Subject to, and without waiving Defendant's Objections, as all documents become known to Defendant in their entirety, Defendant shall produce all such documents in Plaintiff's request within 5 business days after the completion of all other Discovery requests or such other time mutually agreed upon by both Plaintiff and Defendant.

2. All correspondence between you and Plaintiff, its predecessor, or anyone acting on its behalf, that refers, relates or pertains to any allegations in Plaintiff’s Petition.

Objection: Defendant objects as Plaintiff's request #2 as it is overly broad, oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

3. Any documents that refer, relate, or pertain to any of the occurrences mentioned in Plaintiff’s Petition.

Objection: Defendant objects as Plaintiff's request #3 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

4. Any documents that refer, relate, or pertain to the contract with Plaintiff.

Objection: Defendant objects as Plaintiff's request #4 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

5. Any communications between you and anyone other than your attorney that refers, relates, or pertains to any of the occurrences mentioned in Plaintiff’s Petition.

Objection: Defendant objects as Plaintiff's request #5 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

I'm not sure if these will suffice or not. These are responses I found in my research elsewhere and thought they fit my situation. Please advise me on whether I should be objecting to such requests. Thanks!!

[Tazjeepcj7]

I don't know that you have a very strong case. You need to send in the Requests for Admissions but I would suggest you set aside the interrogatories and requests for production of documents. The Plaintiff can try to compel you to provide these items but once you admit the debt then the discussion will be about how the number shown was calculated and what payment arrangements you can afford...

[ty24]

I don't know that you have a very strong case. You need to send in the Requests for Admissions but I would suggest you set aside the interrogatories and requests for production of documents. The Plaintiff can try to compel you to provide these items but once you admit the debt then the discussion will be about how the number shown was calculated and what payment arrangements you can afford...

Yeah, I know that I don't have a strong case. i am just wanting to buy some time and avoid a summary judgment in order to negotiate a fair settlement. I think the biggest thing I am trying to do here is avoid a summary judgment against me. Do you think I should even be admitting to such debt at this time when I have not been presented with proof that the debt is mine? What would you suggest as far as my responses are concerned/ Thank you for your help!

[nascar]

My first take on the questions you are being asked to respond to is that they are too broad to answer with certainty.

You're being asked to admit that you signed an application for a Capital One card - yeah, so what? We've all done that at one time or another. So what if you did - it may have no bearing whatsoever on the account over which you are being sued. Theoretically, you could have applied for multiple CapOne cards, received more than one, and defaulted on all of them. Theoretically, the SOL could have run on all but one of them. How do you know which card you are being sued for if you don't have an account number?

Your answers need to be structured to force them into disclosing the account number of the card they are asking you about. I would answer a broad question like Request #3 for example, by stating the following;

OBJECTION: The plaintiff has not specifically identified the subject Capital One card with sufficient detail as allow the defendant to properly admit or deny. The request is DENIED.

The rest of your answers will flow from that.

[ty24]

My first take on the questions you are being asked to respond to is that they are too broad to answer with certainty.

You're being asked to admit that you signed an application for a Capital One card - yeah, so what? We've all done that at one time or another. So what if you did - it may have no bearing whatsoever on the account over which you are being sued. Theoretically, you could have applied for multiple CapOne cards, received more than one, and defaulted on all of them. Theoretically, the SOL could have run on all but one of them. How do you know which card you are being sued for if you don't have an account number?

Your answers need to be structured to force them into disclosing the account number of the card they are asking you about. I would answer a broad question like Request #3 for example, by stating the following;

OBJECTION: The plaintiff has not specifically identified the subject Capital One card with sufficient detail as allow the defendant to properly admit or deny. The request is DENIED.

The rest of your answers will flow from that.

Do they need to disclose the account number in all documents? They did disclose it in the summons. Thank you very much for your help Nascar, you're a savior.

[ty24]

Ok, Here are my latest responses. Tomorrow is my deadline. I am planning to take these two the attorney's office which is about 1.5 hrs. away, one way. Do I need to obtain anything from them to verify they receive them tomorrow? Also, must I have the certificate of service to the court by tomorrow, or is it just the responses to the plaintiff's attorney by tomorrow and I can mail the certificate of service to the court? do you think it is even worth driving these to the attorney or do you believe I can get by with mailing them? I have been told I can probably get by with mailing them as this court level is pretty relaxed, but is it worth taking the chance? Ok, enough of the questions. On with my answers.

REQUEST FOR ADMISSIONS and interrogatories

NOTE: I put the interrogatories directly below the related RFAs this time to make it easier to review for those that are willing to help! Thank you!

REQUEST ONE: Plaintiff is a corporation duly organized and existing under and by virtue of law.

Defendant denies Plaintiff’s request for admission #1.

INTERROGATORY ONE: If Request One of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request One is based.

Defendant lacks sufficient information or knowledge to truthfully admit. The request is DENIED.

I have been told not to use lack of knowledge as a qualifier to the denial of a request for admission, but I don't know how else to answer this. I have also been told not to admit anything I'm not sure of and I really don't know for sure that they are an organized corporation. I haven't seen their articles of corporation.

REQUEST TWO: Defendant is a resident of XXXXXXXXXXXXXXX County, State of Missouri.

Defendant denies Plaintiff’s request for admission #2.

INTERROGATORY TWO: If Request Two of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Two is based.

Defendant is not a resident of XXXXXXXXXXXXXXX County, Missouri. The request is DENIED.

Yes, after about my 20th tme through I noticed that they did not spell the name of my county right.

REQUEST THREE: Defendant signed an application and received a credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK.

Defendant denies Plaintiff’s request for admission #3.

INTERROGATORY THREE: If Request Three of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Three is based.

OBJECTION: The plaintiff has not specifically identified the subject Capital One card with sufficient detail as to allow the defendant to properly admit or deny. The request is DENIED.

Straight from Nascar's recomendation. I hope you don't mind, Nascar. Thanks for your help!!

REQUEST FOUR: Defendant used the credit card issued by CAPITAL ONE BANK (USA) N.A. SUCCESSOR IN INTEREST TO CAPITAL ONE BANK to purchase goods and/or services.

Defendant denies Plaintiff’s request for admission #4.

INTERROGATORY FOUR: If Request Four of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Four is based.

OBJECTION: The plaintiff has not specifically identified the subject Capital One card with sufficient detail as to allow the defendant to properly admit or deny. The request is DENIED.

Again from nascar.

REQUEST FIVE: By using the credit card, Defendant agreed to the terms and conditions of the extension of credit attached to Plaintiff’s Petition.

Defendant denies Plaintiff’s request for admission #5.

INTERROGATORY FIVE: If Request Five of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Five is based.

OBJECTION: The plaintiff has not specifically identified the subject Capital One card with sufficient detail as to allow the defendant to properly admit or deny. The request is DENIED.

Nascar again.

REQUEST SIX: Defendant never objected through written correspondence to Plaintiff or its predecessor, to any of the terms and conditions attached to Plaintiff’s Petition.

Defendant denies Plaintiff’s request for admission #6.

INTERROGATORY SIX: If Request Six of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Six is based.

Defendant has no recollection of ever signing an agreement of the terms and conditions attached to the Plaintiff’s petition. The request is DENIED.

Because they are referenciing the petition in the RFA, which does directly state the account #, I did not think I could use Nascar's response here. Am I wrong?

REQUEST SEVEN: Defendant agreed to pay per the term of the extension of credit agreement, a copy of which is attached to the Petition filed with the Court in this matter.

Defendant denies Plaintiff’s request for admission #7.

INTERROGATORY SEVEN: If Request Seven of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Seven is based.

Defendant has no recollection of ever signing an agreement for extension of credit. The request is DENIED.

Because they are referenciing the petition in the RFA, which does directly state the account #, I did not think I could use Nascar's response here. Am I wrong?

REQUEST EIGHT: Plaintiff has performed all of Plaintiff’s obligations under the agreement.

Defendant denies Plaintiff’s request for admission #8.

INTERROGATORY EIGHT: If Request Eight of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Eight is based.

Defendant has no recollection signing an agreement with the Plaintiff. The request is DENIED.

Because they are referenciing the petition in the RFA, which does directly state the account #, I did not think I could use Nascar's response here. Am I wrong?

REQUEST NINE: Defendant breached the agreement by failing to make payments to Plaintiff as required by the contract.

Defendant denies Plaintiff’s request for admission #9.

INTERROGATORY NINE: If Request Nine of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Nine is based.

Defendant has no recollection signing an agreement with the Plaintiff. The request is DENIED.

Because they are referenciing the petition in the RFA, which does directly state the account #, I did not think I could use Nascar's response here. Am I wrong?

REQUEST TEN: That Defendant is indebted to Plaintiff in the principal sum of $xxxx.xx as shown in the itemized statement attached to Petition filed with the Court in this matter.

Defendant denies Plaintiff’s request for admission #10.

INTERROGATORY TEN: If Request Ten of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Ten is based.

Defendant lacks sufficient information or knowledge to truthfully admit. The referenced attached itemized statement does not contain any itemized listing of principle, interest, or fees, or the calculations to arrive at those amounts. Furthermore, the Defendant has no rcollection of ever signing an agreement with the Plaintiff. The request is DENIED.

I dislike this response, but don't know how else to word it. I use the lack of knowledge response again, but try to give input on what I am lacking. Thoughts to make this better?

REQUEST ELEVEN: That after all offsets and credits, Defendant is indebted to Plaintiff in the principal sum of $xxxx.xx plus interest at the rate of xx.xx% per annum from December 31, 2008 plus Court costs.

Defendant denies Plaintiff’s request for admission #11.

INTERROGATORY ELEVEN: If Request Eleven of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Eleven is based.

Defendant lacks sufficient information or knowledge to truthfully admit. The referenced attached itemized statement does not contain any itemized listing of principle, interest, or fees, or the calculations to arrive at those amounts. Furthermore, the Defendant has no rcollection of ever signing an agreement with the Plaintiff. The request is DENIED.

I dislike this response, but don't know how else to word it. I use the lack of knowledge response again, but try to give input on what I am lacking. Thoughts to make this better?

REQUEST TWELVE: That demand for payment was made on or before December 31, 2008 and payment has been refused.

Defendant denies Plaintiff’s request for admission #12.

INTERROGATORY TWELVE: If Request Twelve of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Twelve is based.

OBJECTION: The plaintiff has not specifically identified the subject Capital One card with sufficient detail as to allow the defendant to properly admit or deny. The request is DENIED.

Doesn't specifically reference the petition, so I used nascar's response again.

REQUEST THIRTEEN: Plaintiff has been damaged in the amount of xxxx.xx plus interest at the rate of xx.xx% per annum from December 31, 2008 and reasonable attorneys fees by Defendant’s breach.

Defendant denies Plaintiff’s request for admission #13.

INTERROGATORY THIRTEEN: If Request Thirteen of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Thirteen is based.

Defendant lacks sufficient information or knowledge to truthfully admit. The referenced attached itemized statement does not contain any itemized listing of principle, interest, or fees, or the calculations to arrive at those amounts. Furthermore, the Defendant has no rcollection of ever signing an agreement with the Plaintiff. The request is DENIED.

I dislike this response, but don't know how else to word it. I use the lack of knowledge response again, but try to give input on what I am lacking. Thoughts to make this better?

REQUEST FOURTEEN: Defendant remains indebted to Plaintiff in the total principal sum of xxxx.xx together with all interest, attorney fees, statutory damages and Court Costs as requested in the Petition.

Defendant denies Plaintiff’s request for admission #14.

INTERROGATORY FOURTEEN: If Request Fourteen of Plaintiff’s Request for Admission Directed to Defendant MR. X is not admitted, state fully and completely the facts upon which Defendant’s denial of Request Fourteen is based.

Defendant lacks sufficient information or knowledge to truthfully admit. The referenced attached itemized statement does not contain any itemized listing of principle, interest, or fees, or the calculations to arrive at those amounts. Furthermore, the Defendant has no rcollection of ever signing an agreement with the Plaintiff. The request is DENIED.

I dislike this response, but don't know how else to word it. I use the lack of knowledge response again, but try to give input on what I am lacking. Thoughts to make this better?

[ty24]

 

REQUEST FOR PRODUCTION

I left my responsee to the RFPs the same as they were previously. I didn't get much feedback on them, so I assumed they were ok. I got them from a pretty decent source. Let me know if they need changed.

1. All documents upon which you relied or to which you referred in answering Plaintiff’s Interrogatories to Defendant.

Objection: Defendant objects to Plaintiff's request for production #1 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Subject to, and without waiving Defendant's Objections, as all documents become known to Defendant in their entirety, Defendant shall produce all such documents in Plaintiff's request within 5 business days after the completion of all other Discovery requests or such other time mutually agreed upon by both Plaintiff and Defendant.

2. All correspondence between you and Plaintiff, its predecessor, or anyone acting on its behalf, that refers, relates or pertains to any allegations in Plaintiff’s Petition.

Objection: Defendant objects as Plaintiff's request #2 as it is overly broad, oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

3. Any documents that refer, relate, or pertain to any of the occurrences mentioned in Plaintiff’s Petition.

Objection: Defendant objects as Plaintiff's request #3 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

4. Any documents that refer, relate, or pertain to the contract with Plaintiff.

Objection: Defendant objects as Plaintiff's request #4 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

5. Any communications between you and anyone other than your attorney that refers, relates, or pertains to any of the occurrences mentioned in Plaintiff’s Petition.

Objection: Defendant objects as Plaintiff's request #5 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

[ty24]

Just wanted to thank everyone for their input on this post and my other posts regarding dates, RCP interpretations, etc. I really appreciate it. I will be taking these responses to the Plaintiff's attorney's tomorrow around 10AM CT. I would really appreciate some last minute reviews and revisions if anyone finds time. I will be sure to check this with plenty of time to make corrections. I would also like your input on whether you think it is worth me driving 1.5 hrs one way to deliver these or if I should just take my chances with the mail? Tomorrow is my final date per my state's RCPs. I also wondered if this means the certificate of service must be filed with the court by tomorrow or if it's just the responses in the plaintiff's hands? Thanks to all of you!!

[admin]

I'm not sure you can object and deny everything using almost exactly the same language. Other's thoughts?

[ty24]

I'm not sure you can object and deny everything using almost exactly the same language. Other's thoughts?

Is this in reference to the RFPs or some of my interrogatories? I don't think it's going to hurt me to change some of the responses to RFPs. I don't have any documents, so....Any thoughts on the interrogatories? Thanks Admin!!

[admin]

Well, maybe slightly more tailored to the questions being asked. Just a thought.

[ty24]

Well, maybe slightly more tailored to the questions being asked. Just a thought.

Is this any better? Good news is that I don't have to have the certificate at the courthouse today as long as it is postmarked today. with that said, I am leaning toward mailing the responses and taking the certificate to the courthouse. Bad idea? thoughts? TIA for your help.

REQUEST FOR PRODUCTION

1. All documents upon which you relied or to which you referred in answering Plaintiff’s Interrogatories to Defendant.

Defendant has not relied on or made any referance to any specific documentation outside of that which is attached to the Plaintiff’s petition in order to answer the Palintiff’s first set of interrogatories.

2. All correspondence between you and Plaintiff, its predecessor, or anyone acting on its behalf, that refers, relates or pertains to any allegations in Plaintiff’s Petition.

Objection: Defendant objects to Plaintiff's request #2 as such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

3. Any documents that refer, relate, or pertain to any of the occurrences mentioned in Plaintiff’s Petition.

Objection: Defendant objects to Plaintiff's request #3 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant. Additionally, such information could be more readily obtained from Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession, or from documents or information that Plaintiff previously produced to Defendant as Plaintiff is required in the normal course of business to retain such records or documents.

4. Any documents that refer, relate, or pertain to the contract with Plaintiff.

Defendant is unaware of such documents, as the Defendant has no recollection of signing a contract with the Plaintiff.

5. Any communications between you and anyone other than your attorney that refers, relates, or pertains to any of the occurrences mentioned in Plaintiff’s Petition.

Objection: Defendant objects to Plaintiff's request #5 as it is oppressive, unduly burdensome, and unneccessry to the extent it seeks records or documents not within the current knowledge, possession, custody or control of the Defendant.

[admin]

Much better.

[ty24]

Much better.

Thanks admin. One last question. Where do I put that I reserve the right to amend and/or add additional...I put it in my header as follows in all three of my responses, obviously with the related RCP, here is an example. Is this the wrong place to put it? If so, where do I put it? TIA!

Comes now Defendant, Mr. X, appearing pro se, in response to request for admissions regarding the following matters of fact as required by Court Rule 59.01. Defendant reserves the right to amend and/or add additional Answers at a later date.

[admin]

Thanks admin. One last question. Where do I put that I reserve the right to amend and/or add additional...I put it in my header as follows in all three of my responses, obviously with the related RCP, here is an example. Is this the wrong place to put it? If so, where do I put it? TIA!

Comes now Defendant, Mr. X, appearing pro se, in response to request for admissions regarding the following matters of fact as required by Court Rule 59.01. Defendant reserves the right to amend and/or add additional Answers at a later date.

Sure.