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Advice on response to admissions and interrogatories


mhutch
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I'm typing up my response to a request for admissions and interrogatories and wondered if this format seemed ok. The whole thing is long so I'm only giving you an example of how I'm responding to each.

Requests for Admissions

3 - Plaintiff States:“The parties listed are the true parties in interest as Plaintiff stands as legal owner and assignee of Washington Mutual with respect to the credit card agreement in issue hereunder”

Defendant responds: Denies statement as fact.

Interrogatories

1 - Plaintiff requests of Defendant: “Please state your full name and address”

Defendant responds: my name and address

2 -Plaintiff requests of Defendant: “If you denied or answered negatively any of the attached Requests for Admissions of Fact, please explain each denial or negative answer and identify the facts that support your denial.”

Defendant responds:

The following answers to the Plaintiff’s First Interrogatories to Defendant correspond to the numbered Requests for Admissions listed above.

3 - The Defendant is at this time without knowledge and / or information sufficient to form a belief as to the truth of the statement made by the Plaintiff, and on that basis denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

Also, they sent a request to produce documents. One of them states "Please produce a copy off all correspondence between the defendant and Plaintiff, Plaintiff's counsel, or Plaintiff's assignor"

The only correspondence I have (since the first I've heard of any of this was when I got the 2 year old summons) is the summons I received, my response to the summons and the request I am responding to.

To be precise and make sure I've covered all bases should I send copies of all of that information along with my response?

Thanks in advance for any replies! :)

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I've responded the same in every attempt:

"due to the fact I have exercised arbitration, we have not come to a formal agreement on discovery in arbitration. The court case has been stayed and this action is a violation of FDCPA, state debt collection law and the Wisconsin Deceptive Trade Practices Act."

"therefore, until we come to a proper discovery agreement under the arbitration clause, I must respectfully decline your attempt to breach the underlying cardholder agreement."

We've never gotten so far as to negotiate a discovery agreement in arbitration yet! (We haven't ever even got to "arbitrator selection" process yet. Bank refuses to pay fees or wants to settle before then!)

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Thank you for your replies.

One other question about a response.

In the interrogatories I am asked "Please list all persons who have any knowledge of any facts relating to this account. Please list the information that each person has about the account"

The response I was thinking of using:

Plaintiff has not provided information that sufficiently supports the validation and/or verification of the alleged debt. Therefore, the Defendant is at this time without knowledge and / or information sufficient to provide a list of any persons who have knowledge of any facts relating to the alleged account.

I kind of felt like this (like many others) was a trick question trying to get me to say the Plaintiff would be the only one with information and in a backwards getting me to agree that the information they had was fact.

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oh wait... one more thing: Production of documents.

I am asked to produce documents that support the statements made in my response to my complaint.

The complaint itself is the only document I have (other than this request) from the plaintiff. Should I attach it as support to the statements I made. (basically insufficient information to support validation, failure to show evidence of assignment, laches etc...)

Next they ask that I produce documents that support my response to the admissions and interrogatories. There are none (unless you count the complaint) how should I word this?

I am also asked to produce copies of all payments made as well as statements.

I don't have these because none exist what would be the best way to say this?

(Not to mention even if this were for something valid, they have never provided any type of account number to reference)

Thanks again for your help.

Edited by mhutch
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