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Response to Interrogatories, Request for Admission, and Discovery (long)


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A while back I received a Complaint from my local court. I responded to the complaint denying the debt as the only informatio provided was the OC name, the last four of the account number, and the amount. I truly was not sure if this debt was mine. I have since received a set of interrogatories, request for admission, and request to produce documents. In the new packet, there are a few credit card statements attached. OK, so now I believe the account number they are talking about was mine, but I still disagree with the amount, and still believe that pursuant to Delaware law (which is the law in which the credit card agreement they attached is governed) the debt is past the SOL. I've read numerous posts on here where others have said absolutely do not admit to the debt because you make their case for them. That being said, I have not a clue how to even begin to answer these questions, without admitting the debt. I don't want to lie under oath though...:( I've got several pages here ranging from stating my name, to admitting that I applied for, received, used, made payments on, didn't close, am responsible for, and owe the debt. I'll note that they didn't even BOTHER to answer ANY of the items I listed in my discovery request. I've searched and read these threads until I'm blue in the face...can anyone give me some pointers on how I should respond...or maybe there is a thread out there that will help, that maybe I missed? :cry:

Thanks again everyone...hoping to get this over with painlessly!

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Although I have a pretty good idea what they're asking you, it's difficult to respond to your post without actually seeing what they're asking for.

Thought someone might ask that...I've pasted below (in a couple posts though)

INTERROGATORIES

1. Please state your full name, address, phone number, social security number, date of birth, and the name and address of your current employer.

2. Please identify each and every individual with knowledge relating to the allegations contained in Plaintiff’s Complaint and/or your affirmative defenses, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge.

3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please state his/her full name, present business address, telephone number, and the substance of his/her expected testimony.

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this matter, including, but not limited to, each witness’s full name, address, telephone number, and the substance of each such witness’s expected testimony. With respect to each expert witness, include that person’s qualifications, conclusion or opinion reached, and the basis of such conclusion or opinion.

5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests.

6. List all addresses at which you have resided or received mail since XX/XX, including applicable dates you received mail at each address.

7. Please state whether you have ever applied for, possessed, or used a credit card supplied by JPMORGAN CHASE BANK? If yes, give the date of application, account number, and all parties authorized to use said card.

8. If you claim that you are not responsible for credit card account ending in XXXX, please state in detail the factual basis of your claim that you are not responsible for that account.

9. If you dispute the amount Plaintiff states is due and owing by you as set out in Plaintiff's Complaint, please state the amount you claim is due and owing on the credit card account ending in XXXX, including all calculations and assumptions made by you in determining the amount you believe is due and owing.

10. Please list each and every payment made to JPMORGAN CHASE BANK by you at any time to the credit card account ending in XXXX, including, but not limited to, the date of payment, amount of payment, and type of payment (check, cash, money order, or other source).

11. Please list every charge, credit, debit, adjustment or other entry on the credit card account ending in XXXX that you deny responsibility for or dispute, and state in detail the facts supporting your denial of responsibility and/or dispute.

12. Please state whether you advised JPMORGAN CHASE BANK that you wished to close the credit card account ending in XXXX. If you did advise JPMORGAN CHASE BANK that you wished to close the Account, please state the manner(s) by which you contacted JPMORGAN CHASE BANK, the date(s) upon which you contacted JPMORGAN CHASE BANK, and the substance of any and all communications regarding your wish to close the Account.

13. Please list each and every financial institution at which you maintained an account from which you made payment to the credit card account ending in XXXX, including, but not limited to, the name, address, and telephone number of the financial institution, the type of account(s) maintained, and the account number(s).

14. Have you ever maintained any kind of account with JPMORGAN CHASE BANK other than the credit card account ending in XXXX? If your answer to this Interrogatory is in the affirmative, state the type of account maintained and the opening and closing dates of such account.

15. Please state every fact relating to your affirmative defense in which you allege that the Complaint fails to state a claim upon which relief can be granted.

16. Please state every fact relating to your affirmative defense in which you allege that the Complaint violates the Statute of Frauds.

17. Please state every fact relating to your affirmative defense in which you allege that the Complaint was not filed within the Statute of Limitations.

18. Please state every fact relating to your affirmative defense in which you assert accord and satisfaction.

19. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.

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Although I have a pretty good idea what they're asking you, it's difficult to respond to your post without actually seeing what they're asking for.

Continued from previous post...

REQUESTS FOR ADMISSION

1. Admit that you applied for a JPMORGAN CHASE BANK credit card.

2. Admit that you received a card from JPMORGAN CHASE BANK with an account number ending in XXXX.

3. Admit that when you received your JPMORGAN CHASE BANK credit card with account number ending in XXXX that you also received a Cardmember Agreement.

4. Admit that you used your credit card ending in XXXX to purchase goods and/or services and/or to draw cash advances and/or to transfer an existing balance from another credit card account or other source.

5. Admit that you made payments to JPMORGAN CHASE BANK for the credit card account ending in XXXX.

6. Admit that you received monthly billing statements from JPMORGAN CHASE BANK.

7. Admit that you did not dispute any item listed on a monthly billing statement from JPMORGAN CHASE BANK within 60 days of receipt of the monthly billing statement containing the item at issue.

8. Admit that you did not ask JPMORGAN CHASE BANK to close the credit card account ending in XXXX.

9. Admit that you owe the sum of $XXXX plus interest at the rate of 10.00% from XX/XX for the balance due and owing on the credit card account ending in XXXX.

10. Admit that you have made no payments to either JPMORGAN CHASE BANK or Plaintiff which are not reflected in the balance(s) due and owing as stated in Plaintiff's Complaint.

11. Admit that you are responsible for the credit card account ending in XXXX.

12. Admit that you received the CHASE credit card statements attached to these requests as EXHIBIT A.

13. Admit that you received mail at 123 MY STREET NO WHERE, NA 12345 in 09/2008.

14. Admit that you are not are entitled to any credits, offsets or deductions not already reflected in the balance(s) sued for in Plaintiff's Complaint.

15. Admit that you owe the balance(s) sued for in Plaintiff's Complaint.

16. Admit that you are the party liable for the relief demanded in the Complaint.

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Although I have a pretty good idea what they're asking you, it's difficult to respond to your post without actually seeing what they're asking for.

Continued again...last time :D

REQUEST FOR PRODUCTION OF DOCUMENTS

1. Please produce all documents utilized, referred to, consulted and/or referenced in formulating your responses to these Interrogatories and Requests for Admission.

2. Please produce all documents, evidence and/or exhibits which you intend, contemplate, or expect to enter into evidence at trial, hearing, arbitration, mediation or other proceeding in this matter or to use to refresh a witness’s recollection.

3. Please produce copies of any and all documents pertaining to the debt that is the subject of this lawsuit or pertaining to your affirmative defenses (if any).

4. Please produce copies of any documents provided by you to any expert witness.

5. Please produce any and all documents relating to or comprising any expert’s report, opinion or conclusion, and a copy of each expert’s curriculum vitae or resume.

6. Please produce legible copies of any checks, check book log records, any money order receipts, wire transfers, checks by phone, or any other documents related to any method of payment and any other documentation evidencing payments made to the credit card account ending in XXXX.

7. Please produce a copy of each and every document sent by you or sent to you by JPMORGAN CHASE BANK.

8. Please produce copies of any documents reflecting payments made to JPMORGAN CHASE BANK, to Plaintiff, or to any other person for the credit card account ending in XXXX, which you believe are not credited in the balance(s) sued for in Plaintiff's Complaint.

9. Please produce copies of any documents showing that you are entitled to any credits, offsets or deductions not already reflected in the balance(s) sued for in Plaintiff's Complaint.

10. Please produce copies of any documents showing that you do not owe the balance(s) sued for in Plaintiff's Complaint.

11. Please produce copies of any documents relating to your affirmative defense in which you allege that the Complaint fails to state a claim upon which relief can be granted.

12. Please produce copies of any documents relating to your affirmative defense in which you allege that the Complaint violates the Statute of Frauds.

13. Please produce copies of any documents relating to your affirmative defense in which you allege that the Complaint was not filed within the Statute of Limitations.

14. Please produce copies of any documents relating to your affirmative defense in which you assert accord and satisfaction.

15. Please produce each and every document relating to the allegations in Plaintiff's Complaint and/or relating to your affirmative defenses (if any) that has not been produced in response to a previous request for production.

16. Please produce any and all documents supporting your answers to the attached Interrogatories and Requests for Admission, if such documents were not produced in response to Requests for Production nos. 1 through 15.

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I'll take a stab at a couple of these...you should be able to catch the drift on this stuff. They are just trying to discourage you by burying you underneath a mound of paperwork.

INTERROGATORIES

1. Please state your full name, address, phone number, social security number, date of birth, and the name and address of your current employer.

Give them your name and address. I'm debating whether or not the SSn is improper, but the rest of the request is. You can say the rest of the request is irrelevant and thus impropre.

2. Please identify each and every individual with knowledge relating to the allegations contained in Plaintiff’s Complaint and/or your affirmative defenses, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge.

List yourself

3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please state his/her full name, present business address, telephone number, and the substance of his/her expected testimony.

List no one - I can't imagine you'd have one. But if you do, you need to mention them here.

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this matter, including, but not limited to, each witness’s full name, address, telephone number, and the substance of each such witness’s expected testimony. With respect to each expert witness, include that person’s qualifications, conclusion or opinion reached, and the basis of such conclusion or opinion.

List no one - I can't imagine you'd have one. But if you do, you need to mention them here.

5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests.

List yourself.

6. List all addresses at which you have resided or received mail since XX/XX, including applicable dates you received mail at each address.

Objection; irrelevant and thus improper.

7. Please state whether you have ever applied for, possessed, or used a credit card supplied by JPMORGAN CHASE BANK? If yes, give the date of application, account number, and all parties authorized to use said card.

This is up to you. But I wouldn't lie. You still have a defense if they can't produce the contract or all the charges and payments.

8. If you claim that you are not responsible for credit card account ending in XXXX, please state in detail the factual basis of your claim that you are not responsible for that account.

You can say you have not been given authenticated documentation on how the amount of the debt was calculated.

9. If you dispute the amount Plaintiff states is due and owing by you as set out in Plaintiff's Complaint, please state the amount you claim is due and owing on the credit card account ending in XXXX, including all calculations and assumptions made by you in determining the amount you believe is due and owing.

Is it Chase suing you or a JDB? If it's the latter, they would have to prove chain of custody before they could prove you owed them a thing.

10. Please list each and every payment made to JPMORGAN CHASE BANK by you at any time to the credit card account ending in XXXX, including, but not limited to, the date of payment, amount of payment, and type of payment (check, cash, money order, or other source).

Objection: overly burdensome and calls for guesswork on the part of the Defendant. Defendant has already denied debt.

11. Please list every charge, credit, debit, adjustment or other entry on the credit card account ending in XXXX that you deny responsibility for or dispute, and state in detail the facts supporting your denial of responsibility and/or dispute.

Objection: overly burdensome and calls for guesswork on the part of the Defendant. Defendant has already denied debt.

12. Please state whether you advised JPMORGAN CHASE BANK that you wished to close the credit card account ending in XXXX. If you did advise JPMORGAN CHASE BANK that you wished to close the Account, please state the manner(s) by which you contacted JPMORGAN CHASE BANK, the date(s) upon which you contacted JPMORGAN CHASE BANK, and the substance of any and all communications regarding your wish to close the Account.

Objection: Defendant has already denied debt and therefore this question is improper.

13. Please list each and every financial institution at which you maintained an account from which you made payment to the credit card account ending in XXXX, including, but not limited to, the name, address, and telephone number of the financial institution, the type of account(s) maintained, and the account number(s).

Objection: Improper and irrelevant - does not address alleged debt in these proceedings.

14. Have you ever maintained any kind of account with JPMORGAN CHASE BANK other than the credit card account ending in XXXX? If your answer to this Interrogatory is in the affirmative, state the type of account maintained and the opening and closing dates of such account.

Objection: Improper and irrelevant - does not address alleged debt in these proceedings.

15. Please state every fact relating to your affirmative defense in which you allege that the Complaint fails to state a claim upon which relief can be granted.

If they didn't cite your state's law, this is where you get them. You need to state this in legalese, though.

16. Please state every fact relating to your affirmative defense in which you allege that the Complaint violates the Statute of Frauds.

If they can't prove a fiduciary relationship, then it's fraudulent for them to try and collect. You need to state this in legalese, though.

17. Please state every fact relating to your affirmative defense in which you allege that the Complaint was not filed within the Statute of Limitations.

You can handle this one.

18. Please state every fact relating to your affirmative defense in which you assert accord and satisfaction.

Look it up. :)

19. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.

If you have anything else, add it here.

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Originally Posted by kristy46113

15. Please state every fact relating to your affirmative defense in which you allege that the Complaint fails to state a claim upon which relief can be granted.

If they didn't cite your state's law, this is where you get them. You need to state this in legalese, though.

Can you ellaborate on this one? Would they have needed to cite the state law in the Complaint? I ask, because they haven't cited state law in ANYTHING they have sent me...so I'm curious on how to "get them". :D

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Give them your name and address. I'm debating whether or not the SSn is improper, but the rest of the request is. You can say the rest of the request is irrelevant and thus impropre.

I say Object to SSN and employer info as private in nature, not relevant to litigation at hand, and will not lead to the discovery of admissable evidence.

7. Please state whether you have ever applied for, possessed, or used a credit card supplied by JPMORGAN CHASE BANK? If yes, give the date of application, account number, and all parties authorized to use said card.

This is up to you. But I wouldn't lie. You still have a defense if they can't produce the contract or all the charges and payments.

How about Objecting on the grounds that it is overbroad, burdensome, and not limited in scope to the subject of this litigation.

Regards,

DH

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I say Object to SSN and employer info as private in nature, not relevant to litigation at hand, and will not lead to the discovery of admissable evidence.

How about Objecting on the grounds that it is overbroad, burdensome, and not limited in scope to the subject of this litigation.

Regards,

DH

Works for me. :)

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Can you ellaborate on this one? Would they have needed to cite the state law in the Complaint? I ask, because they haven't cited state law in ANYTHING they have sent me...so I'm curious on how to "get them". :D

Yeah, you need to cite your state's law.

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Yeah, you need to cite your state's law.

Forgive my ignorance as I'm trying to get through this with next to no knowledge on these documents. What type of state law and I to cite? I'm horrible at finding these things...would this just be on my states website? Thanks again everyone! :D

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