Help with Interrogatories & Admissions

[NCSOS]

I had posted previously about my husband being sued by Citibank South Dakota and needing help with how to proceed. We thought about arbitration but we're not sure that Citibank has a solid case against my spouse so we're in the process of answering Interr. & Admissions now. Can someone help us with the best way to answer these without shooting ourselves in the foot??

Can I post the questions or do I need to private message them to someone willing help?

Also we still aren't sure that they provided what we asked them to! We asked the lawyers office to provide the signed contract and proof of the debt. They sent us months and months worth of internet printed statements and a copy of the contract terms but no signature! Do we request it again or use this in court, which we'd love to completely avoid going to trial if at all possible.

In return they've requested documents from us... stuff we dont have or aren't sure what it is. This is what they are requesting:

1) all correspondence from date x to date x that we sent the bank.

2) all documents that identify our responses to the Interrogatories.

3)all documents that refer to, support, relate to, comprise or evidence that we're not obligated to repay the bank.

4) all documents or things that we plan to use as exhibits at the trial.

Basically, we are lost and running out of time (again, we filed for motion to continue already).

Can anyone help?!?!?!

[admin]

1) all correspondence from date x to date x that we sent the bank.

We are unaware of any such documents and have none in our possession.

2) all documents that identify our responses to the Interrogatories.

We object to this request because it is overly vague and call for guesswork on the part of the defendant

3)all documents that refer to, support, relate to, comprise or evidence that we're not obligated to repay the bank.

Sometimes I just cite local state laws or federal laws about rules of evidence and procedure here.

4) all documents or things that we plan to use as exhibits at the trial.

If you have any documents, list them.

[NCSOS]

Thank you Admin for the help with the discovery questions. Big questions: Can we file for a motion to dismiss or motion to compel on the basis that we requested a signed contract and agreement and all they sent was a generic credit agreement? I was just reading another post and I think we're in a similar situation.

If you (or any user) doesn't mind helping us what would be the best way to answer these statements/questions?

Interrogatories:

1) state address at which we reside (obviously we state our address)

2)If contending that you aren't obligated to repay the amount owed on the account state all facts that support your contention. (We believe the creditor sold the debt twice, received monies for this account and no longer owns it, we have two letters from two different debt collectors as proof which both state different amounts owed. B&S has also not proven that Citibank has a signed contract from my husband)

3)Identify each witness who you intend to call at the trial. (we don't have any witnesses??)

4) Identify each and every exhibit that you intend to introduce at the trial of this matter. (The letters for debtors, the generic contract copy they sent without signature, anything else???)

5) Identify each charge on your credit card account which you did not make. Identify the date of such chage. (can we use the inflated interests rates?? All of the charges are accurate otherwise.)

6) If you allege that any payment was not properly credited to your account state the date & amounts of payments. (this info. is also accurate... so how do we answer?)

7)Explain with particularity any dispute concerning the account that you communicated to the bank prior to 2/1/08. (My husband was a victim of identify theft and Citibank raised our interest rates & lowered the available balance after this occured. We called to explain. The rates were not lowered but they did raise the available credit line again but not back to the normal credit line, causing the monthly payments to increase dramatically.)

8)State whether or not you used the credit card. (obviously we did! But if we're trying to say that they don't have a signed contract how do we answer this?)

9)Please explain the consideration for the accord, which you have the burden of proving. (I have no idea what they are even asking us.)

10) Did you send any dispute letter to the bank prior to 2/14/2008 (yes, we have the letter and fax confirmation about the identity thefy situation.)

11) Sate the date of your last payment to the bank for the credit account. (again, how do we answer this if we are trying to get the case dismissed over the signed contract?)

12) State whether you received monthly statements on your account. (they sent us every month's statement, printed from online, from the date the card was opened until the last payment was made as an exhibit.)

13) State whether you read the card agreements(s) provided to you by the bank and included in your monthly statements. (Definitely didn't read them, don't even recall if they were IN the statements, I'm sure they were but again, how do you answer this one??)

Admissions: (I have no idea how to answer most of these without helping their case and squashing ours).

1) Admit that you opened the account on or about "X" date.

2) Admit that when you opened the account the bank provided you with a card agreement.

3)Admit that you purchased goods and/or services with the credit card for your account.

4)Admit that the credit card agreement attached as Exhibit B is a true & accurate copy of the credit card agreement currently governing the terms and conditions of your account. (We have no idea because "exhibit b" is a generic, poorly photocopied agreement, it could be to any account!!! Who knows if it's right one?)

5)Admit that the credit card agreement governs the terms and conditions of your use of the credit card for your account. (wouldn't we need to know if it's the right agreement?)

6) Admit that you failed to make all required payments on your account as the became due.

7) Admit that you are indebted to the bank in the principal amount of "X". (this amount is sooo inflated with charges!!And the two debt collectors the debt was sold to sent letters with completely different amounts.)

8)Admit the bank provided you with periodic billing statements for the sums owed in connection with the account.

9) admit that at the time you received the periodic billing state reflecting the sums owed on this account you did not object to the bank regarding the accuracy of any particular charge for any goods and/or services reflected on periodic statements . (deny, we did object to charges as far as the increased interest rate and lowered balance. We also signed up for "credit protection" trial period after the identity theft and objected to months worth of charges for that- this was verbal, unfortunately.)

10) Admit that the card agreement provides for the payment of court costs and reasonable attorney fees in the event of an action seeking to collect debts owing on the account.

11)Admit that you have no valid defense in the law suit. (HA!!! Seriously?!?!)

12) Admit that you received the statements attached as exhibit A on or about the date reflected on each statement. (how on earth would we know what date we received statements from 5 years ago?)

13)Admit that you have received credit for all payments made on your account.

14) Admit that you received the use and benefit of all the goods and services that your purchased.

15)Admit that the statements of account attached as exhibit A are true and accurate copies of statements of your citibank account held date X through date X

16) Admit that the statements of account attached as exhibit A truly and accurately reflect an itemized accounting of all charges incurred and payments made by you with regard to your Citibank card from date x through date x.

17) Admit that Citibank is entitled to judgment against you in the prinicipal amount of X together with interest thereon at the legal rate of 8% per annum from and after the date of entry of judgment until paid in full and all costs of this action including attorney fees as provided by NCGS 6-21.2

18) Admit that you did not make any payments between date x and date x.

19) Admit that you did not send any payments to the bank after date x.

That was overwhelming just to type back out, much less try to answer... if that's the lawyers goal they succeeded- we are totally stressed now.

Thank you soooooo much for everyone's help the last few weeks and especially right now with trying to get these ?'s answered. I'd be so lost without this board.

[NCSOS]

By the way, we are in NC if that matters for the answers.

Also, in these responses is there a way to ask for them to provide us with a SIGNED contract and agreement. And for the law office to prove that they represent Citibank and aren't debt collectors?... we've requested these once and what we received was the generic agreement, no contract and no proof that Citibank currently owns the debt.

In the first summons response my hubby used "accord and satisfaction" as the first defense because we have documents proving that two different debt collectors were trying to collect on this Citibank debt, both stating different amounts... not sure if that "defense" matters at this point but it seems like good info to share.

[admin]

Answer the admissions and interrogatories - then file for MSJ.

[NCSOS]

Answer the admissions and interrogatories - then file for MSJ.

On what grounds though?

[kadesdad07]

On what grounds though?

No evidence of material fact

[NCSOS]

We're working on the answers right now, is there a link to a thread with sample answers?? I've been searching the boards and I'm just getting more confused.

Also- while working on answers & searching the board I'm starting to think they DID provide us with enough proof to proceed. We have all of the statements from the time the card was opened until it was faulted on. Does it even matter if they have a signed contract or is that all they have to provide?????? Eeek!

[NCSOS]

We're screwed. I was just googling for help on the interrogs. and stumbled across the fact that in NC a signed contract is not necessary to prove the debt if the card amount is under 50,000. So, the statements are all they need.

NOW WHAT?!?!?! Still answer the questions and go to court? Seems like a pointless process now where they will win and we will be paying court costs out the rearside.

Any advice???? We have until Thursday to submit our answers.

[kadesdad07]

lol....calm down yes file your answers. Most credit cards you get online are open contracts. You agree to the terms and conditions when you first use the card. There is pleanty they will need to prove besides that.

[NCSOS]

in our answers to the requests for admissions, can we explicitly deny and demand strict proof...or will we have to submit our own requests for inter, admin, etc to demand proof?

example request:

Admit that when you opened the account, the bank provided you with a card agreement

response?

I can neither admit or deny at this time. Plaintiff has not provided an authenticated CA provided by the OC and defendant does not have access to this information.

could I also request strict proof...like they have to produce the original card agreement, authenticated by a Citibank associate with first hand knowledge that the record presented was maintained in the regular course of business and directly applies to the account in question

?? thanks!!

[merrybucks]

I can neither admit or deny at this time

You need to admit or deny.

[NCSOS]

You need to admit or deny.

I understand.

is it incorrect to deny based on the fact that they have not provided proof?

I do understand that I have the right to request admin, inter, documents from them as well...and have read through local (and what I can gather from NC state) civil rules but am still little confused obviously

I do not want to simply "admit" or "deny" and have them quickly motion for summary judgement...

thanks so much

[musimann]

This the way I would answer that. Not saying it is the best way to not admit it but until they show me the evidence I'm not admitting anything......

Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

[NCSOS]

What's the best way to find out if Citi sold the debt? My hubby read last night that even though we have the two letters from collection agencies that doesn't mean Citibank actually SOLD it.

[NCSOS]

how does this look???

1) Provide copies of all correspondence that you sent the bank from date x to date x.

Response: The defendant is unaware of any such documents, has none in his possession, and therefore cannot produce said documents.

2)All documents identified in your responses to the Interrogatories served upon you by the bank at the same time as this Request for Production.

Response: the defendant objects to this request because it is overly vague and calls for guessword on part of the defendant.

3)All documents that refer to, support, relate to, comprise or evidence your contention that you are not obligated to repay the Bank the money owed on your account.

Response:

1)North Carolina General Statues, chapter 8c, article 10, rule 1002; requirement of originals.

2) North Carolina General Statutes, Chapter 1a, article 6, rule 43; Evidence

3) North Carolina General Statutes, Chapter 1a, article 6, rule 46; Objections and Exceptions

4)All documents that refer to, support, relate to, comprise or evidence any correspondence sent by you to bank subsequent to January 1, 2088.

Response: Defendant is unaware of any such documents, has none in his possession and therefore cannot produce said documents.

5)All documents or things that you intend to offer as evidentiary exhibits at the trial of this matter.

Response: Exhibit A) "X" Collection Firm Letter, Exhibit "X" collection firm letter, Exhibit C) Defendant's Credit Report

The defendant reserves the right to amend this response to include any additional exhibits before trial commences.

Any changes? or advice?

[unusualsuspect]

Have you sent your own discovery over to them? I'd get started ASAP.

[NCSOS]

Not yet, we're working on that now. We just sent off their set of discovery questions and we're hoping to send one to them Monday.

We're a little worried we might have done something stupid by including the credit report showing the date of "charge off" from Citi(we hid the other credit info). Kind of incriminates him that it is his debt! Too late now, its on it's way!!

[unusualsuspect]

Some starting points:

1. State how this account came into possession of the Plaintiff. If the Plaintiff purchased this account, provide information regarding the sale including:

a) the previous owner or owners of this account;

the acquisition price of this account;

c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration they received with respect to the sale.

2. If the account came into possession of the Plaintiff through assignment, the provide the following information regarding the assignment:

a) The identity of the assignor and their address;

The identity of the individual making this assignment and any materials authorizing them to do so (ex. job description, corporate resolution, etc);

c) If consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration. Identify whether consideration was to be a flat fee, or to be on a percentage basis.

3. Provide the date that this account went into default.

4. Identify all assignees of this account in and since the default on this account.

5. Provide a complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other components that contribute to the balance.

6. Provide any communication between Plaintiff and <ORIGINAL CREDITOR> regarding this account since date of default.

7. Identify the indivdual or indivduals who authorized suit on this account. State whether they are employed by the Plaintiff or <ORIGINAL CREDITOR>, or some other entity.