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Help double-checking a few replies to interrogatories


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(Sorry, I started a new thread because it's as new subject/question for me. I don't know if that's how I'm supposed to do it or not, but here it is.)

Just in case you need some background info:

- I am in NYC.

- Being sued by JDB Midland Funding/Credit/Whateverthehelltheycallthemselves for $8000 (never charged close to that amt) from old credit card (not past SOL.)

I am submitting my responses to their retarded Interrogatories and Demand for Bill of Particulars. I've finished with the Interrogatories, but would like some feedback on some of the responses because I'm not sure if they make sense or not.

OK, here are the ones I want to make sure are OK. I'll post the actual interrogatory from them in purple and my response in red. Just let me know if my responses make sense or not. Thanks!

4. State whether or not you owe the plaintiff the amount set forth in the plaintiff's complaint.

a) If your answer to this question is in the negative, state fully and in detail your reasons therefore.

4. In response to Interrogatory #4, Defendant disputes the alleged debt in its entirety, therefore Defendant disputes the amount set forth in Plaintiff’s complaint and/or any amount claimed by Plaintiff. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. Plaintiff fails to provide “proof” of validity of alleged debt, “proof” of purported assignment, ownership, and/or all rights and control of alleged debt. Plaintiff fails to allege details or breakdown of purported constitution of alleged debt including, but not limited to, charges, services rendered, fees, interest, memberships, etc. and/or corresponding specific dates for any of the alleged aforementioned.

7. Did you or your agents, servants or attorneys ever notify XXXCard that the amount claimed to be owed on Account Number XXXX was disputed?

a) If yes, please provide the exact dates that said disputes were made, state the subject matter of each dispute in detail, and attach hereto any and all documentation sent by defendant to the original creditor with regard to each dispute.

7. As to Interrogatory #7, Defendant objects as this question alleges conclusions which Defendant has not admitted to be factual or substantive.

10. If the defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in plaintiff’s complaint which is not elicited by the foregoing interrogatories, identify and describe same.

10. In response to Interrogatory #10, Defendant has already denied debt and therefore this question is improper. Defendant denies any and all dollar amounts owed to Plaintiff.

13. Have you ever experienced any problems with your mail?

a) If yes, was this reported to the Post Office.

B) If so, please attach any and all documentation supporting this.

13. In response to Interrogatory #13, Defendant is unaware of experiencing problems with mail, as Defendant would have no knowledge of mail not received unless said mail was knowingly forthcoming and undelivered.

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In number 7, consider incorporating by reference, your response to Rog 4 above.

In number 13, I don't understand what you mean by "unless said mail was knowingly forthcoming and undelivered. ". Consider italicizing the word "not".

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So for #7, I would say something like:

As to Interrogatory #7, Defendant objects as this question alleges conclusions which Defendant has not admitted to be factual or substantive, as stated in response #4.

And what I meann for #13 is, that unless I already knew about specific mail that was supposed to be coming but never arrived- like if someone told me they were sending me something but it never arrived because how could I know if I did not receive something I never knew was coming? Basically, I'm just saying "no, I have not had problems with the mail...that I know of." It's my little way of trying to confuse them and I know that's stupid, but I don't care. I really just felt like responding to every question with "stick it" but figured that would raise flags and they'd be determined to pursue this all the way. I KNOW they have absolutely nothing on me because when I called to ask for more time to respond to their demands, I got into it with the prick on the phone. Luckily, I said nothing to incriminate myself but he certainly tried to get me to admit or say something. In his frustration, he probably didn't even realize that he confirmed my suspicions that they haven't got s#%. That doesn't make me feel better though because I know they could win by me not responding properly or some random technicality I don't know about. It's very frustrating because the debt is not valid. It's old and I paid it off in 2006.

Thanks for your imput! I'll take your suggestions and bring everything with me tomorrow when I go to the court's resource center. (sigh) I'm sick of playing lawyer. :)

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So maybe :

In response to Interrogatory #13, Defendant is unaware of experiencing problems with mail, as Defendant would have no knowledge of mail that was NOT received.

Yeah really, can't prove a negative.

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Regarding your Demand for a Bill of Particulars -- be very careful and don't make your demands too broad or difficult for the other side to answer. I had a VERY difficult time with this last year in NY county court (111 Centre Street), and both of my subsequent motions to compel were denied.

Courts are supposed to be neutral and unbiased, but it's common knowledge that pre se defendants are seldom treated fairly -- and this particular county court is full of judges who simply want cases resolved and closed. They get very testy whenever a pro se defendant makes discovery demands. SO BEWARE!

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Regarding your Demand for a Bill of Particulars -- be very careful and don't make your demands too broad or difficult for the other side to answer. I had a VERY difficult time with this last year in NY county court (111 Centre Street), and both of my subsequent motions to compel were denied.

Courts are supposed to be neutral and unbiased, but it's common knowledge that pre se defendants are seldom treated fairly -- and this particular county court is full of judges who simply want cases resolved and closed. They get very testy whenever a pro se defendant makes discovery demands. SO BEWARE!

Thanks for the warning. I hadn't heard anything about how judges seem to respond to these cases so it's good to know.

Yesterday I attended a press conference at City Hall and then an NY State Assembly public hearing "to examine how the State can best protect consumers from unfair and deceptive practices in the debt collection and debt management industries." I'm not sure if it's against the rules to post links, but here is the link to the notice: assembly.state.ny.us/comm/Consumer/20090415/

Basically, it confirmed everything I've felt and noticed since being served. I was also able to meet the lawyer who has been helping me with my case in person. She's from a very active and well-known non-profit law firm in NY- MFY Legal Services. They are amazing! They are not representing me, but should my case actually go to court, they said they would.

Anyway, I sent them my responses to their interrogatories, bill of particulars and notice to admit truth of facts, along with my demand for a bill of particulars. They already filed a motion to compel against me (even though they gave me more time to send my answers) so I'm definitely going to court to file my opposition with proof of answers. By that date, they will also have had to respond to MY demand for a bill of particulars and hopefully, I'll be able to deal with it then too. My demand was only one page and it was quite clear. I didn't send interrogatories- just a one-page demand, so they can't try and plead the whole "too much burden" B.S. All I'm asking for is proof and I don't think that's too much. (Though it may be for them since I know they don't have any... :p)

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  • 1 month later...

Hi, Ac_nyc:

I am in nyc. Midland funding has sent me INterrogatories and Notice to admit Truth of facts separately.

I am thinking of how to reply these two letters. From their letter, they want my reply to be notarized at the page bottom. My question: Do I have to notarize my answer by law? Or if I notarize, it will work towards my benefit?

Midland funding is trying to put a judgment of 6800 on me. Goodness sake, I never ever would have charged that much on my credit card. I am within the SOL as well.

The whole thing is just about the same as your case.

I have filed an ANSWER to the Brooklyn Court Clerk's office. I am paying a lawyer right now to advise me and maybe will help me on court. But to be honest, i don't think the lawyer is that experienced as you. I want to stop using the lawyer to save money.

Could you please help me with how I can reply to their Interrogatories , and Notice to admit Truth of Facts? Thank you very much.

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Sure, I'll copy and paste my replies below. Yes, you have to get it notarized, but it's not a big deal. After you print out your answers, just bring it to a notary and sign it in front of them. It's like $2. Then make a copy of the notary's stamp/signature for your records and send the original to Midland's lawyers by certified mail. It's a pain in the a$$, but it's worth it because they will pick up on every little detail you might miss or forget, so as long as you have your paperwork in order, they can't do much.

I'm going to assume the interrogatories and notice to admit truth of facts were basically the same ones they sent to me, so just make any changes you need to so that the answers are relevant to your case. I'll put XXX or in parenthesis so you know where to enter your information.

Civil Court of the City of New York Index Number: XXX

County of (Your County)

RESPONSE TO INTERROGATORIES

Midland Funding LLC,

Plaintiff(s),

-against-

(Your name)

Defendant(s),

Defendant, (Your Name), appearing pro se, for its reply to the Interrogatories and Complaint of Midland Funding LLC states as follows:

Defendant responds to Interrogatories in the numbered order in which they appear in the Interrogatories sent by the plaintiff. All allegations of the Complaint are denied unless expressly admitted herein.

ANSWERS

1. In response to Interrogatory #1, Defendant disputes the alleged debt, as solicited in the Complaint. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves Plaintiff to provide proof. Furthermore, Defendant objects on the ground that it seeks information or a response that is premature as it requests Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions.

2. In response to Interrogatory #2 a) Defendant identifies self as person with knowledge as to all facts regarding this defense.

B) Defendant is unaware of such documents that may be relevant to its defense as Defendant, at this time, does not have sufficient knowledge or information as to the validity of the alleged debt, therefore, Defendant cannot produce said documents. Defendant disputes the alleged debt in its entirety.

3. In response to Interrogatory #3, this request calls for admission of matter Defendant has denied and thus it is improper.

4. In response to Interrogatory #4, Defendant disputes the alleged debt in its entirety, therefore, Defendant disputes the amount set forth in Plaintiff’s Complaint and/or any amount claimed by Plaintiff. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the plaintiff. Plaintiff fails to provide “proof” of validity of alleged debt, “proof” of purported assignment, ownership, and/or all rights and control of alleged debt. Plaintiff fails to allege details or breakdown of purported constitution of alleged debt including, but not limited to, charges, services rendered, fees, interest, etc. and/or corresponding specific dates for any of the alleged aforementioned.

5. In response to Interrogatory #5, Defendant has already denied the alleged debt and therefore this question is improper.

6. In response to Interrogatory #6, Defendant admits.

7. As to Interrogatory #7, Defendant objects as this question alleges conclusions which Defendant has not admitted to be factual or substantive, as stated in response #4.

8. In response to Interrogatory #8, Defendant does not have enough information to either admit or deny the information contained in this question.

9. As to Interrogatory #9, Defendant does not have enough information to answer this question.

10. In response to Interrogatory #10, Defendant has already denied the alleged debt and therefore this question is improper. Defendant denies any and all dollar amounts owed to Plaintiff.

11. As to Interrogatory #11, Defendant lists current address as address of residency for entire year of 2007 to present. Defendant objects to documentation providing proof, on grounds it is improper and irrelevant to current proceedings, and Defendant has already answered the question.

12. As to Interrogatory #12, Defendant objects on grounds it is improper and irrelevant to current proceedings. In addition, this question seeks disclosure of information where such disclosure would violate the privacy rights of the defendant.

13. In response to Interrogatory #13, Defendant is unaware of experiencing problems with mail, as Defendant would have no knowledge of mail not received unless said mail was knowingly forthcoming and undelivered.

14. In response to Interrogatory #14, Defendant does not allege Identity Theft.

15. As to Interrogatory #15, Defendant objects on grounds it is improper and irrelevant to current proceedings. In addition, this question seeks documentations and information where such disclosure would violate the privacy rights of Defendant.

16. In response to Interrogatory #16, Defendant is unaware of such documents and therefore cannot produce said documents.

17. In response to Interrogatory #17, no determination as to who may be called as an expert witness has yet been made. Defendant reserves the right to further supplement this response when such information is known. In any event, Defendant calls self as witness.

VERIFICATION

State of New York, County of (Your County) ss:

(Your name), being duly sworn, deposes and says: I have read the Response to Interrogatories and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Sworn to before me this ____ day of ________, 2009

Signature of Defendant

Notary/Court Employee

(Your address)

Defendant’s address

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NOTICE TO ADMIT TRUTH OF FACTS

(same header info as above)

(Except these contain the actual questions asked with my answers included. My answers will be in red.)

REQUEST is hereby made by plaintiff of defendant for the admission of the genuineness of the documents and the truth of the matters hereinafter set forth, within 20 days after service hereof upon you.

Each question below requests an answer or information relating to XXX, Account Number XXX, and your responses should be directed thereto.

TAKE NOTICE that if you fail to do so each of the matters as to which an admission is requested shall be deemed admitted, unless by the above mentioned time, you have acted or otherwise moved with regard to this request in accordance with the provisions of NY CPLR R. 3123.

Do you admit that:

1. You applied for credit card privileges with XXX?

Admits.

2. You were extended credit card privileges under XXX, Account Number XXX?

Admits.

3. You or persons authorized by you, made purchases and/or received cash advances utilizing XXX, Account Number XXX?

Admits.

4. You received monthly statements concerning XXX, Account Number XXX specifying previous balance, new purchases, payments, finance charges, minimum payments and new balance?

Admits.

5. You promised to pay for purchases made on XXX, Account Number XXX?

Admits.

6. You did not contest the amounts reflected on the monthly statements within the 90 days provided by law?

Defendant, without waiving rights, objects as the defendant at this time does not have sufficient knowledge or information to either confirm or deny the information contained in this question.

7. XXX, Account Number XXX, which is the subject matter of this suit, went into default for nonpayment?

Defendant, without waiving rights, objects as the defendant at this time does not have sufficient knowledge or information to either admit or deny the information contained in this question.

8. The sum alleged to be due and owing on XXX, Account Number XXX in this complaint is accurate?

Defendant denies and disputes the alleged debt as solicited in the Complaint. Further, Defendant objects to this question as pursuant to NY CPLR Section 3123 which provides that: “…a party may serve upon any other party a written request for admission by the latter of the genuineness of any papers or documents, or the correctness or fairness of representation of any photographs, described in and served with the request, or of the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial and which are within the knowledge of such other party or can be ascertained by him upon reasonable inquiry.”

9. The balance due set forth in the last monthly statement sent on XXX Account Number XXX before referral collection in the amount of $XXX is in fact, due and owing?

Defendant denies and disputes the alleged debt as solicited in the Complaint. Further, Defendant objects to this question as pursuant to NY CPLR Section 3123 which provides that: “…a party may serve upon any other party a written request for admission by the latter of the genuineness of any papers or documents, or the correctness or fairness of representation of any photographs, described in and served with the request, or of the truth of any matters of fact set forth in the request, as to which the party requesting the admission reasonably believes there can be no substantial dispute at the trial and which are within the knowledge of such other party or can be ascertained by him upon reasonable inquiry.”

The Answers given to the above questions are true and complete to the best of my knowledge.

Defendant's Signature

(Sworn Before a Notary Public)

Sworn to before me this: day of 2009

Notary Public Signature

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And for the record, all of my responses were checked by a lawyer who has been helping me (unofficially) with this case. I can't thank that law firm enough. They testified at a state assembly hearing to introduce new legislation on the debt collection industry and invited me to attend, which was extremely informative. I don't have the money to pay for a lawyer, but they have been so helpful and so far I'm doing well. The bench trial is set for July 2, so I'll know more then, but hopefully they'll end up dropping the case since they don't have any proof and they know I'm not going to back down.

If you don't answer in time, they will file a motion and you'll have to go to the motion hearing so get the paperwork in on time or it's a pain. They withdrew their motion in my case, but I still had a bunch of paperwork to do to file opposition papers.

Anyway, I hope this helps. The lawyers representing Midland were just on the news for being scumbags and doing things half-assed and without proof so they're feeling the heat right about now. Good luck!

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Whats up AC-NYC, I'm also from NY and i'm going through the same thing your going through. I cant thank you enough for posting these answers. I just have to figure out what i'm going to do with my other case. I never answered the interrogatories! I think i'm screwed with that case :(

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Ruby740,

Not answering the interrogatories isn't that big of a deal. They can file a motion to compel you to answer, but they have to notify you that they made the motion and include the date of the motion hearing. If you haven't received a notice of motion, then don't worry. You can still send your answers. You should also send your own interrogatories and/or bill of particulars to get them to prove you owe anything. If you need me to, I can post what I sent in my bill of particulars. They have never replied and the bench trial is on Thursday so I intend to ask the judge to either dismiss the case entirely or to compel them to answer. Since I've replied to all their demands, they can't do anything to me. They are the ones who didn't respond to my questions so the judge will either force them to by giving them a date or tell me I have to file a motion, which I have ready to go.

Since they are the ones who sued ME, I would think they would have that "proof" on hand since it is the basis of their entire case, but I know they don't since I paid off my card 2 years ago. It annoys the crap out of me that they sued me saying I owe THEM and it's basically up to ME to prove I DON'T! It's the kind of assbackwards legal game they play! I mean, it's ridiculous, but it is possible to beat them at their own game.

Anyway, let me know if you want me to post my bill of particulars. Good luck.

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Hi AC, thanks 4 the reply! I was so nervous because i thought the judge was going to find me responsible. Regarding the motion, they did set up another court date for discovery. i would love 4 u 2 put up the bill of particulars. And once agian thank U so much!

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Whatever you do, just make sure you show up on the day of the motion hearing or they could actually get a judgment against you and then that's a whole other battle. Send them your answers to their interrogatories and bring a copy with you to the motion hearing so you can say that you did send them. (Again, make sure you send by certified mail so you have a receipt and can show the judge that you did in fact send the answers.)

OK, so as far as a Bill of Particulars, here's what I sent to them. (And this doesn't have to be notarized, but still send everything certified mail.)

Civil Court of the City of New York Index Number: XXXX

County of (your county)

DEMAND FOR A BILL OF PARTICULARS

Midland Funding LLC

Plaintiff(s),

-against-

(your name)

Defendant(s),

Please take notice that Defendant (your name) , pursuant to NY CPLR Section 3042, requests Plaintiff, Midland Funding LLC and/or the attorneys for Plaintiff, (attorneys), to produce a verified Bill of Particulars and all requested documents for inspection and copying to the Defendant, (your name), within twenty (20) days after service of a copy of this demand:

1. Fully executed original XXX Credit Card credit application bearing Defendant’s signature with full credit agreement and terms;

2. Entire payment history including detailed breakdown of charges, interest, and fees for XXX Account #XXX that demonstrate how the alleged amount of $XXX was calculated;

3. All information and documents relating to the acquisition of the alleged debt including, without limitations, all assignments and transfers;

4. All documents evidencing any communication between Plaintiff and Defendant in connection with the alleged Agreement described in Plaintiff’s Complaint, including letters and correspondence;

5. Letter(s) sent to Defendant by Plaintiff demonstrating an attempt to collect on the alleged debt for XXX Account # XXX;

6. A contract, agreement, assignment, or other means demonstrating that Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt for XXX Account # XXX;

7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

8. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt for XXX Account # XXX;

9. Any and all written communication, received by the Plaintiff and/or Plaintiff’s attorneys from the Defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff’s and/or Plaintiff’s attorneys accessing of Defendant’s credit report(s);

10. Any and all communications from Plaintiff and/or Plaintiff’s attorneys to the Defendant explaining why Plaintiff and/or Plaintiff’s attorneys may have reported the alleged debt to any credit reporting agency, as well as obtaining Defendant’s credit report(s);

11. Any and all credit report(s) Plaintiff and/or Plaintiff’s attorneys obtained from any credit reporting agency concerning the Defendant;

12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or XXX Account # XXX.

(your name)

By: _______________________________

Dated:

(your name), Defendant

(your address)

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Ha, ha! I'm the starter of this thread! Lol! I was double-checking some things because I tend to get really anxious about little details. Anyway, I'm happy to help. I am in the process of starting a blog where I'm going to have all the documents of my case, including the stuff they sent me, from start to finish so people can see exactly what everything looks like. I'm not including my name or the case number, but I'm trying to make a simple, step-by-step, documentation of my experience so people can get a decent overview of exactly what goes on and what things look like. I"ll post the link when it's up and running. :)

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ac_nyc,

You are a prince! I just got served a summons last week and have no idea what I'm doing. I can't thank you enough for posting samples of your dialogue with the plaintiff. I'm still trying to figure out how to compose an answer to the complaint. I've never done this before and I really want to do this right. Is it possible for you to post some of the preliminary response that you developed or any other motions you submitted along the way? If I could use your answer as a "template", maybe I could start formulating my own defense strategy.

Thanks again.

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Lol, better make that princess, since I'm a girl! :)

For my Answer to the Summons and Complaint, this is what I filed (I had some extra defenses in there, but it's better to have them and not need them.)

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Civil Court of the City of New York

County of (your county) Index Number XXX

WRITTEN ANSWER

CONSUMER CREDIT TRANSACTION

Midland Funding LLC

Plaintiff(s),

-against-

(your name)

Defendant(s),

Defendant (your name) answers the Complaint as follows:

ANSWER:

1.General Denial: Defendant denies the allegations in the Complaint.

SERVICE

2. Defendant did not receive a copy of the Summons and Complaint. (just FYI, the complaint was not included)

3. Defendant received the Summons and Complaint, but service was not correct as required by law.

DEFENSES

4. Defendant does not owe this debt.

5. Defendant has paid all or part of the alleged debt.

6. Defendant disputes the amount of the debt.

7. Defendant does not have a business relationship with Plaintiff (Plaintiff lacks standing).

8. The NYC Department of Consumer Affairs shows no record of plaintiff having a license to collect debt.

9. Plaintiff does not allege a debt collector’s license number in the Complaint.

*10. Statute of limitations (the time has passed to sue on this debt).

*11. Unjust enrichment (the amount demanded is excessive compared with the original debt).

12. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

13. Plaintiff admits to purchasing the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

14. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

15. Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parole Evidence Rule.

16. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

17. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

*18. Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.

19. Since a court will not grant a judgment or other legal relief to a party who has not acted fairly by having made false representations or concealing material facts from the other party, Defendant maintains that equitable estoppel bar plaintiff’s claims.

20. Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

21. Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

*22. Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.

23. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

24. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

VERIFICATION

State of New York, County of ___________________ss:

(your name), being duly sworn, deposes and says: I have read the Answer in Writing and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

Sworn to before me this ____ day of ________, 20____.

Signature of Defendant

Notary/Court Employee

Defendant’s address

The ones I put a * before, are ones I didn't actually need and you probably shouldn't include. There were a couple others I probably don't need, but have not withdrawn either. My bench trial is set for tomorrow morning so I'll let you know what happens after that. I have motion papers sort of ready if I need to file them, but I haven't gotten them notarized yet because if I don't end up needing them, I don't want to bother getting that done. I'm also not sure if I'll end up filing a motion to compel discovery or an order to show cause, which is just the fast-track version of a motion. Anyway, hope this helps. Good luck!

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Thanks "Princess". ;) You prepared a very thorough defense. I need to get started on my answer soon. The clock is ticking away and I'm still not sure what to say or how to say it. From what I've learned on this forum so far, it appears that the ability to choose the right combination of words and statements is an essential skill in legal maneuvering.

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Yeah, I had the same question, but you can do either. I ended up typing up my own copy- I just copied their questions and added mine because I kept changing them for a while so I didn't want to have to cross anything out or whatever. It doesn't matter as long as you sign the bottom and get it notarized.

As far as an update on my case, all my preparation and defenses turned out to be utterly useless in court. I was so upset, I can't even begin to tell you. So when the judge called my case up, I went up and told him that they had not responded to any of my discovery demands. The lawyer for Midland just handed him a piece of paper and I had no idea what it was- I thought maybe it was a summary of the case or something, but it turns out that piece of s&(* lawyer gave him a statement from my old credit card. (I had NEVER seen it, they didn't send it to me and all discovery is supposed to be done BEFORE court. It should not have even been allowed.) ::rtfm::

I was SO thrown off by this, I honestly did not have the slightest clue as to how to argue my case. The statement did not list any charges, just an amount due, my account number and name, address, etc. She claimed that was the date the last payment was made and I argued how that proves no such thing. It only says a payment was made and gives a balance due, but there is no indication that payments were NOT made after that date. The judge said, "Well, then show me your bank records with the payments." I told him I obviously did not have them since I had no idea I needed them since the f-ing plaintiff did NOT comply with discovery BEFORE court. The judge was an a-hole. He says, "Well, it's not my fault you can't keep track of your financial records." xSteaminx I replied, "What are you talking about? Of course I keep track of my financial records, but given this is the first I've ever seen or heard of this statement, I would not know what to bring, but I DID make payments after that date and I have a letter of a payment agreement dated AFTER the date of the statement." He sighed and handed me a small piece of paper with a new date for a new bench trial. Then the s**bag lawyer looks at me and says, "You're done now. Bye-bye." Right. Kiss my a*#, you *&!!:thefinger:

I was very composed, but extremely flustered and I thought I argued the points as best I could given the circumstances, but I am still livid that the judge completely ignored the fact the other side did not follow the NY Laws & Rules of Civil Procedure-xrulesx which I studied and agonized over in order to prepare for court, only to find the judge not paying attention or not caring about them at all.

I left the courtroom and made it to the bathroom before breaking down. Well, at least now the lawyer who has been helping me all along said she's going to talk to her boss about representing me fully, which is a HUGE relief. I mean, seriously- it's ridiculous. It's hard enough to be pro se, but when the other side cheats and the judge doesn't have a clue as to the rules himself, it's a joke.

Anyway, that's my update. Very frustrating.

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