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Interrogatory questions Cap1


bevj2
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Hi all...yet another thread requesting advice/suggestions. Received combined interrogs/admissions/production of documents from debt attorney for Cap1. Hoping I can get some feedback. This is my dilemma...

In the complaint, the card agreement was referenced as an exhibit, but it was not attached. There were statements attached, but the entire account number was blacked out (not even the last four digits were visible). So now I'm going on the fact that the plaintiff has not sufficiently identified the account.

I have done a lot of research, and am not sure how to answer most of their questions. On one hand, my answer is "OBJECTION: The plaintiff has not specifically identified the subject account with sufficient detail as to allow the defendant to properly admit or deny. The request is denied." On the other hand, I'm wondering if I should just put "Denied". Then, there are some questions where it says "If answer to proceeding was in form of denial, list amounts and dates...." where I wonder if that is where I would put the "OBJECTION" answer.

Also, there are two weird questions...."State with particularity the basis of any denials stated in your Answer to Plaintiff's Complaint." and "State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff's Complaint." How should I answer those? I thought I was pretty clear in my original answer to the complaint. I denied everything, and my affirmative defenses backed up my denial (or so I thought).

I hope that someone can shed some light on this. Thanks to all (once again)!!!

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Also, there are two weird questions...."State with particularity the basis of any denials stated in your Answer to Plaintiff's Complaint." and "State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff's Complaint." How should I answer those? I thought I was pretty clear in my original answer to the complaint. I denied everything, and my affirmative defenses backed up my denial (or so I thought).

I hope that someone can shed some light on this. Thanks to all (once again)!!!

You can spell out the legal definition of the defense and how it applies: "Failed to state the basis of the lawsuit" They did not cite an actual state law which was violated - nor any legal principal upon which to base this complaint.

"Debt is time-barred" Per <your state> Revised Statutes xx.xx-2, the length of time to bring suit has passed. Last activity was xxxx-xx-xx, and SOL is xx years.

Etc.

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Recovering Attorney, here are my answers/defenses to the complaint.

COMES NOW, Defendant ME, appearing pro se, in reply to the Complaint of Capital One Bank USA NA, (hereafter "Capital One"), states as follows: All allegations of the Complaint are denied unless expressly admitted herein.

ANSWER TO COMPLAINT

1. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraphs 1, 2, 3, 4, and 5 of Plaintiff’s Complaint, therefore they are denied.

AFFIRMATIVE DEFENSES

2. As and for a First Defense – Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff’s Complaint fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

3. As and for a Second Defense – Plaintiff has failed to provide a copy of the “Agreement” of the alleged account referred to and noted as “Exhibit B” in the Complaint.

4. As and for a Third Defense – Plaintiff has failed to provide any written documentation of the alleged account or “Agreement” of the alleged account to support a claim by contract or common counts to which the Defendant’s signature is visible or by written statement with an account number which is legible.

5. As and for a Fourth Defense – Plaintiff has failed to provide a sworn statement from any employee or custodian of records testifying to the accuracy or validity of the alleged account.

6. As and for a Fifth Defense – Defendant reserves the right to raise additional Affirmative Defenses as this matter progresses.

What other facts could I possibly state to back these up? The only other thing I can think of is to say is that the lack of the cardholder agreement as an exhibit coupled with the lack of date and specificity of the agreement shows they did not cite facts sufficient to state a claim for relief. Should I also say that they did not specifically state a basis for their claim, i.e. breach of contract (which they didn't)? When filing suits like this in my county, the plaintiff completes a case information sheet, which has a list of "type of action" with check boxes next to each. Nothing was checked on mine. I have seen other cases in my county where the plaintiff DID check off "all other" and put "breach of contract" or something similar in there. Not sure if I should include that or not. Any thoughts?

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