need help asap with dicovery

[bad day]

being sued in ohio by jdb for an account # i've never seen.i did have an account with same oc long time ago.i've heard some oc account #'s change after default. heres how my answers for dicovery are going. need help yes i've been reading the forums for help.

1 admit that the assignment attached to complaint is valid and plaintiff is owner of the account

Defendant objects to this request as the Plaintiff is asking for information as to the custody of an account as belonging to a business of which the Defendant is neither an employee nor a custodian of records

2.Admit that defendant maintained a charge account with bank of america

Defendant objects to this Request as the use of the term “charge account” as being vague, ambiguous, overly broad and lacking any specificity.

3 Admit that defendant received a copy of the terms and condition for the charge account

Defendant objects to this Request as the use of the terms ”terms and conditions” as being vague, ambiguous, overly broad and lacking any specificity. 4 Admit that defendant purchased merchandise on the charge account

Plaintiff has not submitted any proof that Defendant or persons authorized by Defendant made purchases and/or received cash advances utilizing Bank of Americas The Defendant has also made a reasonable inquiry and that the information known or readily obtainable is insufficient to enable an admission or denial. Defendant reserves the right to amend admissions if proof is submitted by Plaintiff that conclusively proves otherwise.

5 Admit that prices for merchandise was the agreed price paid

Plaintiff has not submitted any proof that Defendant or persons authorized by Defendant made purchases and/or received cash advances utilizing Bank of Americas “charge account” The Defendant has also made a reasonable inquiry and that the information known or readily obtainable is insufficient to enable an admission or denial. Defendant reserves the right to amend admissions if proof is submitted by Plaintiff that conclusively proves otherwise.

6 Admit that defendant received statement from bank of America

Plaintiff has not submitted any proof that Defendant received statements concerning “charge Account”. The Defendant has also made a reasonable inquiry and that the information known or readily obtainable is insufficient to enable an admission or denial. Defendant reserves the right to amend admissions if proof is submitted by Plaintiff that conclusively proves otherwise.

7 Admit that all things purchased by defendant are currently reflected on plaintiffs records

Defendant objects to this Request as the use of the term “records” as being vague, ambiguous, overly broad and lacking any specificity. Plaintiff has not submitted any proof that they have any “Records “ The Defendant has also made a reasonable inquiry and that the information known or readily obtainable is insufficient to enable an admission or denial. Defendant reserves the right to amend admissions if proof is submitted by Plaintiff that conclusively proves otherwise.

8 Admit that the principal alleged in complaint was computed accurately

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

9 Admit that the balance sued for is due and owing to plaintiff

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

10 Admit that each item purchased by the defendant through use of this credit card conforms to any representation and warranties made Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff

11 Admit that the defendant has never notified bank of America of any claims of nonconforming or defective goods or services

trick question?

12 Admit that plaintiff has made a written demand on the defendant for payment of the claim sued upon more than 30 days prior to the date suit was filed

don’t know how to answer

13 Admit that defendant is not entitled to any credits, offsets, or deductions, except what is shown on bank of america’s records

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

14 Admit there are no facts which form the basis of any defense in this action

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

Without waiving her objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this, at a later time when that decision is made.

15 Admit that there are no documents, writings, letters, records or other papers of any sort upon which defendant intends to utilize as evidence of a basis for any defense in this action

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

Without waiving her objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this at a later time when that decision is made.

16 Admit that interest on the claim asserted herein by plaintiff is due

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff.

ANY HELP would great. my head swimmimg

bad day

[musimann]

there is some advice for that here. Also if you do a search here you will find many other threads on this issue.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298689

[MG05]

Deny #12 Let me say it again DENY#12

[DFS]

If I understand this they are wanting you to admit they sent you a"Notice of right to Cure". They probably did not send you one, but they want you to admit it so you can't use that later in your defense - also comes in handy if you go to Arbitration.

[merrybucks]

Your answers will result in a motion to compel. Why not just deny?

[bad day]

Your answers will result in a motion to compel. Why not just deny?

what about 11

[bad day]

Your answers will result in a motion to compel. Why not just deny?

what about 11

[unusualsuspect]

Deny #11 as well.... it's a way of getting you to admit the BofA was the OC.

///

Have you sent your own discovery yet? If not, I'd get going on sending them something.