saint al Posted April 12, 2009 Report Share Posted April 12, 2009 The Plaintiff sent me these 12 interrogatories but 2 got me thinking they got to be joking. #4. Provide below, four (4) examples of your signature? They have not yet produced anything with my signature.#11. Identify and state the names and addresses of any and all persons who know or are famililiar with your what credit cards and bank accounts you have had for five (5) years prior to the date of the filing of this lawsuit.#12. Identify and state the names and addresses of any and all persons whom lived with you for five (5) years prior to the date of this lawsuit. State their relationship to you.Can anyone help me with an answer. I put down in pencil "Not relavent to this litigation", may need something stonger or with more legalese snap. Link to comment Share on other sites More sharing options...
saint al Posted April 12, 2009 Author Report Share Posted April 12, 2009 Sorry should be 3 Link to comment Share on other sites More sharing options...
2fightback Posted April 12, 2009 Report Share Posted April 12, 2009 I'm no lawyer, but I would definitely object on the basis that all three questions are irrelevant. The last two probably also violate federal privacy laws.I'm sure someone here will give you the exact wording that you need. Link to comment Share on other sites More sharing options...
saint al Posted April 13, 2009 Author Report Share Posted April 13, 2009 Well there's one thing I'm sure of is that it ain't giong to happen. Link to comment Share on other sites More sharing options...
debtorshusband Posted April 13, 2009 Report Share Posted April 13, 2009 I'm not sure about the signature sample ones, but for the others, the following might be the wording you're looking for. Use at your own discretion.Responding party objects to this request on the grounds that it is overbroad and burdensome. It is also not relevant to the litigation at hand, nor is it likely to lead to the discovery of admissible evidence.Regards,DH Link to comment Share on other sites More sharing options...
saint al Posted April 14, 2009 Author Report Share Posted April 14, 2009 Thanks DH, I did write down not relevant to the litigation but what you are saying sound just as good. Link to comment Share on other sites More sharing options...
saint al Posted May 16, 2009 Author Report Share Posted May 16, 2009 Hello everyone well I've answered and sent my own interrogatory questions. I sent about 13 of them all were objected to. Some have some telling info. Let me give you some examples.My interrogatory questions.#3. Please provide the instrument or a genuine copy that shows defendent's signature showing legal standing to authenticated this allege debt. As stated in paragraph #4, 6, 14, and 20.Complaint #4. The Bank, at Defendants special instance and request issued a credit card to the Defendant, #6. The Defendant has breach the agreemet by failing to comply with the terms of the agreement. #14. The Defendant requested an account, which is owned by the Plaintiff...#20...the Defendent knowingly requested the funds...Objection, the request is not relevant and not reasonably calculated to lead to discovery of admissable evidence as it relates to the Defendant's liability for the debt that forms the basis of this action. Subject to and without waiving the foregoing objection, Plaintiff states: none in its possession, custody, or control. As discovery is continuing, Plaintiff is conducting a due diligent search and reasonable inquiry to discover the requested documentation and reserve the right to amend or supplement this response if and upon discovering the same. My question is should they have this information before filing a lawsuit does this falls under the frivolous lawsuit catagory?#4. Please provide an account history for acct. #XXXX providing bank statements that will coincide with your facts to this acct. As stated in paragraph #9.#9. Defendant caused various charges to be made through the use of the card.Objection,...In addition, Plaintiff is without sufficient knowledge, information or belief as to those documents sent to the Defendant by the original creditor,...:confused: Well blow me over with a stick!Please provide a copy of the demand for payment referred to in paragraph #12.#12. Plaintiff has made demand upon Defendent for payment.Objection...and ill-defined in its request for "The demand for payment." Subject to and without waiving the foregoing objection, Plaintiff is without sufficient information, knowledge or belief as to all demands for payments made by the original creditor.Hey I sent it in english!#11. Please provide a copy of the business transactions and any agreement referred to in paragraph #21.#21. Before the institution of this actin Plaintiff and Defendant had business transactions between them and they agreed to the resulting balance.Plaintiff objects...request seeks to discover documentation that is subject to client-attorney privilege, the work-product doctrine...subject to trade-secret privilege...:shock:What do you think? Link to comment Share on other sites More sharing options...
rikkivs Posted May 16, 2009 Report Share Posted May 16, 2009 what's the point of discovery if the plaintiff attorneys don't answer it? I'd do a motion to compel then motion to dismiss. they clearly have nothing on you, which you have just discovered! lol!and i do think that this is a frivolous lawsuit. if you were suing someone pro se with the lack of documentation they have, the judge would throw out the suit and give you a tongue lashing. I am totally surprised that these jdb jerks can get away with this.thankfully some judges have consciences and are starting to say that these lawsuits aren't worth a damn! Link to comment Share on other sites More sharing options...
saint al Posted May 16, 2009 Author Report Share Posted May 16, 2009 what's the point of discovery if the plaintiff attorneys don't answer it? I'd do a motion to compel then motion to dismiss. they clearly have nothing on you, which you have just discovered! lol!and i do think that this is a frivolous lawsuit. if you were suing someone pro se with the lack of documentation they have, the judge would throw out the suit and give you a tongue lashing. I am totally surprised that these jdb jerks can get away with this.thankfully some judges have consciences and are starting to say that these lawsuits aren't worth a damn! Thanks rikkivs i sent out another set of interrogatories the last was directly to them, this time through the court and then i'll compel. I have also motion to strike this as a sham pleading but I was told i needed to request a trail for it. i thought that it was automatic. Hey! I'm learning. Link to comment Share on other sites More sharing options...
FlaLawyer Posted May 17, 2009 Report Share Posted May 17, 2009 You must be dealing with David B.File a Motion to Compel. Link to comment Share on other sites More sharing options...
saint al Posted May 17, 2009 Author Report Share Posted May 17, 2009 You must be dealing with David B.File a Motion to Compel. Hey! My friend How'd you quess. That is my next step. Thanks for your input. Link to comment Share on other sites More sharing options...
debtorshusband Posted May 18, 2009 Report Share Posted May 18, 2009 My question is should they have this information before filing a lawsuit does this falls under the frivolous lawsuit catagory?Although you and I, as normal, reasonable human beings, think that they should have this information before filing a lawsuit, that is not the case, and this happens all the time. And while you and I think that makes it frivolous, again that's not the case.At the risk of disagreeing with someone who is actually a lawyer in the state in question, IMHO you shouldn't send a Motion to Compel. They have basically responded with all you're going to get. A Motion to Compel is used when they don't send a response at all within the required time frame.I think what's happening is they don't have squat, they were hoping to win by default. I suspect they will dismiss the case before it comes to trial, since they don't have any evidence. Why respond to Discovery at all if you've got squat? The lawyer gets to bill his time to the plaintiff, his client. He makes more this way than if he said "Crap, this guy is going fight us and we don't have squat, let's dismiss the case." 'Nuf said?DH Link to comment Share on other sites More sharing options...
rikkivs Posted May 18, 2009 Report Share Posted May 18, 2009 debtors husband, you bring up valid points which bear discussion. I suggested filing a motion to compel to the original poster because if he or she wanted dismiss the case for lack of documentation, I believe that the courts want them to show a good faith effort to obtain the information before honoring a motion to dismiss.it sounds stupid to me too. I mean- if they file suit and don't have the paperwork but defile your good name and so forth, the courts shouldn't honor anything they put out. yet it doesn't seem to work that way.my biggest concern is whether or not i should file a motion to compel or simply let them slide because they screwed up and i will benefit later. i would hate for their screw up to cost me anything because they might use EXCUSABLE NEGLIGENCE as an excuse!I wonder about this and appreciate your perspective. it seems like you did just fine by not tipping your hand and letting them know they screwed up in your case. Do you think this is normal or depends on the case? Link to comment Share on other sites More sharing options...
saint al Posted May 20, 2009 Author Report Share Posted May 20, 2009 Although you and I, as normal, reasonable human beings, think that they should have this information before filing a lawsuit, that is not the case, and this happens all the time. And while you and I think that makes it frivolous, again that's not the case.At the risk of disagreeing with someone who is actually a lawyer in the state in question, IMHO you shouldn't send a Motion to Compel. They have basically responded with all you're going to get. A Motion to Compel is used when they don't send a response at all within the required time frame.I think what's happening is they don't have squat, they were hoping to win by default. I suspect they will dismiss the case before it comes to trial, since they don't have any evidence. Why respond to Discovery at all if you've got squat? The lawyer gets to bill his time to the plaintiff, his client. He makes more this way than if he said "Crap, this guy is going fight us and we don't have squat, let's dismiss the case." 'Nuf said?DHxangelxThanks DH but I've already filed just have to wait and see. I remember beating a grand master at chess all because as a rookie i didn't make the move that an expert would do just a dumb rookie move and won.ONLY ONCE! Link to comment Share on other sites More sharing options...
saint al Posted June 15, 2009 Author Report Share Posted June 15, 2009 I did file a motion to compel, they requested an extention of 20 days claiming that the had not receive the interrogatories (which is a lie I mailed cmrr) saying that that had just been notified of it when the judge granted my motion. Needless to say an extention was granted for the time requested. Link to comment Share on other sites More sharing options...
saint al Posted July 4, 2009 Author Report Share Posted July 4, 2009 Plaintiff requested and got a 20 day extention to answer interrogatories, and answered in 3 days, admitted it has the right without producing the requested doc. I sent a letter in good faith after the deadline asking again for those doc.s are will file maotion for sanction, mayhaps they will respond favorablely seeing the court has already been on notice of their uncooperation. Link to comment Share on other sites More sharing options...
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