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Help with Interrogatories, requests for admissions, etc. in ohio


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Hi Everyone,

Thanks in advance for your help!! I am being sued by cap 1's debt collecting attorneys in ohio. I have answered my complaint and now the attorneys have sent me the 1st set of interrogatories, requests for admission, requests for production of documents, notice of service of same. It says I have to answer within 30 days and return to their office.

1. Do I also file this with the court?

I used several affirmative defenses, but the one that I have the best shot at is the SOL based on the card member agreement. They do have an acceptance ceertificate signed with my name on it. It was one of those things that you got in your bag when you purchased your text books in college. Above my signature it says "I have read the important disclosures and misc. information enclosed and agree to be bound as specified therein. You are authorized to check my credit and employment history and school status, if applicable.

So how do I proceed???

Inter #1 Name address and place of employment:

Answer the first two and say emoployment is irrelevant....I am self-employed does this matter??

Req for admiss #1: Admit that you opened an account with Capital one bank usa n.a. for an extension of credit known as a visa credit card?

Shoud I admit this??

Interr #2 If you deny above, state the reason for your denial

Interr#3 Are you or have you ever been known by other names?

I am married now, they have the suit in my maiden name. Do I have to give my married name since it was not relevant during the time the account was opened and charged off??

Interr#4 Are you or have you ever done business under any other names, trade names, or assumed names?

I don'tthink so unless my married name again???

request for admiss #2: Admit that you received an extension of credit, which you opened by signing an acceptance certificate

Like I said earlier they have a signed copy of the acceptance certificate

Interr #5: If you deny above state reasons why

Request #3: Admit that you received monthly statements for your cap 1 bank visa card account number XXXXXXXXXXXXXX

The account number is actually xx's except for the last 4 digits. I moved so many times after college that I did not receive all statements

Interr #6: Reasons for denial

Req for admiss #4: Admit that you defaulted under the terms and condition of theextension of credit by failing to pay the minimum amount due on time, in the amount stated in the cap 1 statement?

Interr # 7: If you deny the abovestate reasons

request For Admiss#5: This one is a long one it basically states the amount they say I owe after interest and penalties. The interesting thing is they use the date of 2006 instead of 2005 when the account was last paid on??

Interr #8: if you deny the above

Thats just the first few..... Any help or advice answering these would be greatly appreciated. Also should I request anything from them?

Thanks again,

Jillie

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Hi Everyone,

Thanks in advance for your help!! I am being sued by cap 1's debt collecting attorneys in ohio. I have answered my complaint and now the attorneys have sent me the 1st set of interrogatories, requests for admission, requests for production of documents, notice of service of same. It says I have to answer within 30 days and return to their office.

1. Do I also file this with the court?

Yes

I used several affirmative defenses, but the one that I have the best shot at is the SOL based on the card member agreement. They do have an acceptance ceertificate signed with my name on it. It was one of those things that you got in your bag when you purchased your text books in college. Above my signature it says "I have read the important disclosures and misc. information enclosed and agree to be bound as specified therein. You are authorized to check my credit and employment history and school status, if applicable.

If they have an application with your signature on it, they still need to produce the account number...also was the document authenticated?

Inter #1 Name address and place of employment:

Answer the first two and say emoployment is irrelevant

That's all you need to say.

Req for admiss #1: Admit that you opened an account with Capital one bank usa n.a. for an extension of credit known as a visa credit card?

Shoud I admit this??

I would.

Interr#3 Are you or have you ever been known by other names?

I am married now, they have the suit in my maiden name. Do I have to give my married name since it was not relevant during the time the account was opened and charged off??

I would admit.

Interr#4 Are you or have you ever done business under any other names, trade names, or assumed names?

I don'tthink so unless my married name again???

I don't think there's any harm in admitting it.

request for admiss #2: Admit that you received an extension of credit, which you opened by signing an acceptance certificate

Like I said earlier they have a signed copy of the acceptance certificate

I would respond by saying yes.

Request #3: Admit that you received monthly statements for your cap 1 bank visa card account number XXXXXXXXXXXXXX

The account number is actually xx's except for the last 4 digits. I moved so many times after college that I did not receive all statements

Just because they have the agreement, and account number, did they give you complete payment history? I mean, how have they proved there was an outstanding debt. If they only provided a couple of statements, that's not proof that there is a debt outstanding, potentially.

Overall, though, it looks like a fairly strong case. Sorry. :(

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