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please help me with discovery, etc.


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We were sued by a junk debt buyer. We answered summons, then they moved for a summary judgment, we answered that and moved for dismissal.

Their motion for summary judgment was denied and ours for dismissal was held over. (Pro se by the way)

Judge instructed us to do discovery. Several months go by and we hear nothing, now we get interrogatories and req. for production of documents.

One of the interrogatories asked for the name and account #'s of all bank accounts. Is this normal? Can I just refuse to answer this one? if so, how?

They asked us to provide cancelled checks for payments?! How do we say we're not going to make thier case for them?

They sent copies of monthly statements for a few years ago (just inside of SOL). They labeled these 'exhibits a, b, c etc" and asked to admit or deny we made those payments.

I don't know if we made those payments or not. how to answer?

They alleged in their original papers way back when that we made payments we did not make -now they don't mention those. How do we bring this up in our discovery?

How do we bring up the fact that the lawyer told the judge they did not have a bill of sale or any supporting recored at the time of hearing, and they still show us nothing?

Should we ask for the addresses and phone #'s of the people who work for the JDB who signed their affidavits (without possibly having any first hand knowledge of the debt).

And finally, they sent interrogatories, request to admit, and request for production of documents but the request for production of documents, while containing our info, was addressed to someone else (I assume another Pro Se defendant they are dealing with). How should I handle that.

Do I need to file all of our production, interrogatories, request to admit with the court or just send to their attorney?

I know this is long, but this battle has been long and I sure appreciate any input.

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I am pretty sure that you will just be sending the interrogatories,production of documents to just the plaintiff..Thats what my court said...Did you send the plaintiff your interrogatories/request for admission/production of documents FOR the plaintiff..This is where they will send you what they have bill of sale,agreement etc...This is how you will have proof if they don't have the bill of sale,besides that the plaintiff just said it to the judge etc.

One of the interrogatories asked for the name and account #'s of all bank accounts. Is this normal? Can I just refuse to answer this one? if so, how?

They also asked me this in one of their questions.At first i believe I objected being overly burdensome.Then they sent it back to me saying it wasn't fully answered..I just kept putting them off everytime.DON'T GIVE ANYONE YOUR PERSONAL INFORMATION..such as checking account numbers etc.They tried to get it from me....I spoke with a NACA lawyer he said never to do that..Not unless told so by the judge...

I don't think you want to mess around and not answer the interrogatories due to the name being different because this will only distract you.Trying to get in touch with them to discuss that etc..It will take away from the time you need to work on it.Since you know that it was directed to you dont waste time on it..Maybe just make a note back to them stating the error when you send back the documents.

Just my opinion.....

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One of the interrogatories asked for the name and account #'s of all bank accounts. Is this normal? Can I just refuse to answer this one? if so' date=' how?[/quote']

Try something along the lines of:

Responding party objects to this request as it is not relevant to the case at issue, nor will it lead to the discovery of admissable evidence.

For the case where you don't remember making payments:

Responding party lacks sufficient information and belief in order to admit or deny this request an on that basis denies same.

Good luck,

DH

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Judge instructed us to do discovery. Several months go by and we hear nothing, now we get interrogatories and req. for production of documents.

One of the interrogatories asked for the name and account #'s of all bank accounts. Is this normal? Can I just refuse to answer this one? if so, how? I would use debtorshusband's idea. Sounds good.

They asked us to provide cancelled checks for payments?! How do we say we're not going to make thier case for them? if they are lost, and you have none, you can state you have none

They sent copies of monthly statements for a few years ago (just inside of SOL). They labeled these 'exhibits a, b, c etc" and asked to admit or deny we made those payments.

I don't know if we made those payments or not. how to answer?

They alleged in their original papers way back when that we made payments we did not make -now they don't mention those. How do we bring this up in our discovery? ask for an admission

How do we bring up the fact that the lawyer told the judge they did not have a bill of sale or any supporting recored at the time of hearing, and they still show us nothing? ask for an admission in your discovery

Should we ask for the addresses and phone #'s of the people who work for the JDB who signed their affidavits (without possibly having any first hand knowledge of the debt).

And finally, they sent interrogatories, request to admit, and request for production of documents but the request for production of documents, while containing our info, was addressed to someone else (I assume another Pro Se defendant they are dealing with). How should I handle that.I would use this to deny the entire thing. No judge could ever expect you to answer questions that are addressed to someone else. That is ludicrous. Deny the entire thing based on this. They will have to start all over again. When they get it 'right' and have your name, then worry about answering it line by line.

Do I need to file all of our production, interrogatories, request to admit with the court or just send to their attorney?

I know this is long, but this battle has been long and I sure appreciate any input.

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