Recvd Discovery/Interrogatories

[6894]

Help. Being sued by Amex represented by CA/Attorney. The state is Florida. When I was served I responded within the timeframe. The amount is $35K. Went to attorney who advised that I file bankruptcy/reorganization. I do not want to do this. So, trying to determine if I can handle this.

Need help in responding to their Discovery/Interrogatories. Basically, Discovery is their request for everything I intend to present in court. (This would be the copies of all correspondence since 2004 when I first contacted them regarding notification that my personal info had been stolen from a large corporation's database). The interrogatories (there are 7) are:

1. full name/dob/dl number/last four of your ssn/current residence address

2. name/addr/tel number of your present employer, position and length

3. Known by any other names and if so, state each name and date(s) you were known by such name(s)

4. Do you owe any money to Amex? If so, what amount?

5. Do you contend that any charges were made by some else as result of fraud or identity theft and was this reported to creditor? Was it reported to appropriate authority? State name/addr/# for the authority

6. Name/adr/tel# of each/every person known or believed by you to have knowledge of the facts of the case

Next question? I think I should send them my request for documents and interrogatories? What do you think? And, do you have appropriate form for discovery and sample interrogatory question?

7. Do you owe Amex the amount of money set forth in the complaint? If not, state any/all reasons for your contention and all facts supporting same; as well as name/addr/tel# of all persons having knowledge of such facts.

[nascar]

...2004 when I first contacted them regarding notification that my personal info had been stolen from a large corporation's database.

Is this where the 35K in charges came from?

[6894]

Yes, most. A portion could be mine but I could never say for sure and never got Amex to provide addl info so I could actually verify. (The card was used for my small business, so often times the charges not at point of sale).

[nascar]

But you did make AMEX aware of the fraudulent charges when they were happening, right?

[6894]

Yes, have copies of letters requesting they close the account, letters stating unauthorized charges were on my account, more letters asking why they were allowing charges when I had closed the account. At one point, I did get them to take some charges off, but they discontinued their investigation when I was turned me over to collections - at that point, they would not assist me in getting to the bottom of the matter. Then, they turned me over to a CA. I sent a request for validation letter to CA and AMEX. That CA stopped calling. Then, I got contacted by another CA and sent the same letter. Never, a response from either CA or Amex. Then, I get served.

[nascar]

I think you might want to look into the protection available under the identity theft laws. You should be able to end this whole thing rather quickly.

[6894]

I never filed a police report as I did not know to do that in 2004. And, I was told that without following the rules, there was no protection under FL law.

[nascar]

Who told you and what rules were they referring to?

[6894]

Actually, the CA/law firm representing Amex.

[nascar]

Why am I not surprised?

Your local sheriff's office will have the FTC identity theft packages and affidavits. It would be worth your time to go down there and file one.

[6894]

So, just to make sure I understand....I can file the paperwork regarding identity theft NOW that actually happened in 2004?

I assume that I respond to the interrogatories???