pcmech

Admissions

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I made a change to one of the admissions I'll be sending in my discovery request and wanted to get input.

"Admit that no attempt to verify this debt was made after the DEFENDANT requested verification under the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809b , thus violating the DEFENDANT’s civil rights."

It may just be semantics, but I didn't want to do anything stooopid, so I thought I'd ask around.

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How about:

"Admit that no attempt to verify this debt was made after the DEFENDANT requested verification under the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809b , thus violating the DEFENDANT’s rights under this Act. "

??

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I'm no expert, but I'm thinking if you leave in that last part, whether it be about violating civil rights or violating rights under the FDCPA, the response will be something like "Objection on the grounds that the request requires a legal conclusion or interpretation of the law."

To paraphrase Joe Friday, "Stick with the facts."

Regards,

DH

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Need some constructive criticism from you guys. Here are my proposed answers to plaintiff's interrogatories. Please comment.

INTERROGATORY NO. 1: Please state the full name, address, date of birth, and social security number of the individual answering these interrogatories on behalf of this Defendant.

Answer: Defendant is answering Pro Se

INTERROGATORY NO. 2: Identify all persons with discoverable knowledge of relevant facts related to this suit, including the name, address and telephone number of each person.

Answer: The Defendant objects to interrogatory number 2 on the grounds that it seeks information or a response that is Premature as it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement

INTERROGATORY NO. 3: Identify all persons whom you expect to call as an expert witness at trial, as to each, please state:

a The subject upon which the expert(s) is/are expected to testify;

b The substance of the facts and opinions which such expert (s) has/had provided or are expected to testify;

c A summary of the grounds for each opinion; and

d Provide a complete curriculum vitae for each expert.

Answer: The Defendant objects to interrogatory number 3 on the grounds that it seeks information or a response that is premature as it requests the Defendant, prior to the completion of discovery, to state facts supporting its present contentions and to speculate as to its future contentions.

INTERROGATORY NO. 4: Identify and describe in specific detail, including the specific date of all documents and statements received directly or indirectly by the Defendant or anyone else purporting to act for or on their behalf as relates to:

(a) Correspondence, invoices, statements or refunds between Defendant; and the Plaintiff or original creditor or anyone acting on their behalf.

Answer: Defendant objects as Plaintiff's INTERROGATORY #4 is overbroad and unduly burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of the Defendant, or more readily or accessible to Plaintiff from Plaintiff's own files.. Additionally, responding to such request would be oppressive, unduly burdensome, and unnecessary, as the burden of responding to such requests and interrogatory is substantially the same or less for Plaintiff as for Defendant.

INTERROGATORY NO. 5; In the event you deny liability for any charges which are the subject of this litigation, please give each and every fact and point of law upon which you rely in denying liability for such charge(s).

Answer: Defendant objects to Plaintiff's interrogatory #5 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 6: Please state with specificity the date, description, place, and purchase price of each item purchased, or cash advance, that was made with OC Select by Outtawork

Answer: Defendant objects to Plaintiff's interrogatory #6 as the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant.

INTERROGATORY NO. 7; State whether or not you requested and received financing from OC. If so, please state what date you signed the credit agreement and terms of the Contract for payments, finance charges, and all terms related to default.

Answer: Defendant objects to Plaintiff's interrogatory #7 as the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 8: Please state with specificity each and every date Plaintiff, or anyone acting in their behalf, made demand for payment on this account.

Answer: Defendant objects to Plaintiff's interrogatory #8 as the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant.

INTERROGATORY NO. 9: State whether or not you are presently employed, and if so, please state the name, address and telephone number of your employer.

Answer: Defendant objects to Plaintiff's interrogatory #9 as it seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

INTERROGATORY NO. 10: State fully, completely and at length the factual basis of each and every defense which you now assert or intend to assert at the trial of this cause and the name and address of each person who can testify in support of said defense or defenses.

Answer: Defendant objects to Plaintiff's interrogatory #10 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 11: Please state the terms of the repayment arrangements with OC

Answer: Defendant objects to Plaintiff's interrogatory #11 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant.

INTERROGATORY NO. 12: Please list each and every mailing address that you have used since May, 2005.

Answer: I'm assuming it's OK to answer this. I say assume because you know how they are.

INTERROGATORY NO. 13: State whether or not you made purchases and/or received cash advances from OC.

Answer: Defendant objects to Plaintiff's interrogatory #13 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant.

INTERROGATORY NO. 14: State whether or not any other person assisted you in the answering of these Interrogatories. If so, please state the name, address, and telephone number of the person(s) who assisted you.

Answer: Defendant is answering Pro Se

Edited by pcmech
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Rogs part 2:

INTERROGATORY NO. 15: State with specificity, the date and description, of each amount you paid on the account OC or any other entity on this account.

Answer: Defendant objects to Plaintiff's interrogatory #15 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 16: Identify and describe in specific details all conversations which you had with the Plaintiff, OC, or any other entity regarding this account.

Answer: Defendant objects to Plaintiff's interrogatory #16 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement

Spank you very much for any and all advice.

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I know that the collection goniffs like to object to every interrogatory you might propound, but don't play that silly game. Let them be the "party of "no"". Try to answer where you can. If you have no documents, say so. If you are currently unaware of any witnsses other than yourself, sasy so. If plaitniff hasn't answered your discovery adn answers to those might make it easier for you to answer these, say so. If you never complained or had conversations, say so.

Objecting to questions for the sake of objecting, and throwing in every convoluted sentence just to adorn that objection will not serve you well in teh eyes of the judge.

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Wow, I never knew you were in Albany recovering attorney. I lived there for 5 years but moved to Long Island because I became sick of all the crime and poverty.

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I know that the collection goniffs like to object to every interrogatory you might propound, but don't play that silly game. Let them be the "party of "no"". Try to answer where you can. If you have no documents, say so. If you are currently unaware of any witnsses other than yourself, sasy so. If plaitniff hasn't answered your discovery adn answers to those might make it easier for you to answer these, say so. If you never complained or had conversations, say so.

Objecting to questions for the sake of objecting, and throwing in every convoluted sentence just to adorn that objection will not serve you well in teh eyes of the judge.

I see what you're saying. Instead of "I object because I don't have records blah blah" just say "I don't have records."

I'll be revising and re-posting. Thank you.

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Here are the revised rogs. Please comment. Thanks in advance.

INTERROGATORY NO. 1: Please state the full name, address, date of birth, and social security number of the individual answering these interrogatories on behalf of this Defendant.

Answer: Defendant is answering Pro Se

INTERROGATORY NO. 2: Identify all persons with discoverable knowledge of relevant facts related to this suit, including the name, address and telephone number of each person.

Answer: Defendant does not know of any such person, but intends to obtain this information through discovery.

INTERROGATORY NO. 3: Identify all persons whom you expect to call as an expert witness at trial, as to each, please state:

a The subject upon which the expert(s) is/are expected to testify;

b The substance of the facts and opinions which such expert (s) has/had provided or are expected to testify;

c A summary of the grounds for each opinion; and

d Provide a complete curriculum vitae for each expert.

Answer: Defendant, prior to discovery being completed, does not know of any such person.

INTERROGATORY NO. 4: Identify and describe in specific detail, including the specific date of all documents and statements received directly or indirectly by the Defendant or anyone else purporting to act for or on their behalf as relates to:

(a) Correspondence, invoices, statements or refunds between Defendant; and the Plaintiff or original creditor or anyone acting on their behalf.

Answer: Defendant does not have any such purported documents but intends to obtain them via discovery.

INTERROGATORY NO. 5; In the event you deny liability for any charges which are the subject of this litigation, please give each and every fact and point of law upon which you rely in denying liability for such charge(s).

Answer: Defendant objects to Plaintiff's interrogatory #5 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 6: Please state with specificity the date, description, place, and purchase price of each item purchased, or cash advance, that was made with OC by Outtawork

Answer: Defendant does not have any such information but intends to obtain information about these purported purchases, etc., via discovery.

INTERROGATORY NO. 7; State whether or not you requested and received financing from OC. If so, please state what date you signed the credit agreement and terms of the Contract for payments, finance charges, and all terms related to default.

Answer: Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 8: Please state with specificity each and every date Plaintiff, or anyone acting in their behalf, made demand for payment on this account.

Answer: Defendant objects to Plaintiff's interrogatory #8 as the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant.

INTERROGATORY NO. 9: State whether or not you are presently employed, and if so, please state the name, address and telephone number of your employer.

Answer: Defendant objects to Plaintiff's interrogatory #9 as it seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

INTERROGATORY NO. 10: State fully, completely and at length the factual basis of each and every defense which you now assert or intend to assert at the trial of this cause and the name and address of each person who can testify in support of said defense or defenses.

Answer: Defendant objects to Plaintiff's interrogatory #10 as being premature in that it requests the Defendant, prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions. Additionally, the request is overly broad and unduly burdensome to the extent that it seeks Defendant to state facts upon such information and records that are not within the knowledge, possession, custody or control of the Defendant. Defendant has denied having any records of purported account in possession, and Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an agreement.

INTERROGATORY NO. 11: Please state the terms of the repayment arrangements with OC

Answer: As Defendant has denied knowledge of any such purported account, Defendant cannot possibly know what the payment arrangements were on such alleged account.

INTERROGATORY NO. 12: Please list each and every mailing address that you have used since May, 2005.

Answer: 123 Main St (I’m assuming it’s OK to answer this and they can’t “twist” it anyway against me since a person’s address is on the public record

INTERROGATORY NO. 13: State whether or not you made purchases and/or received cash advances from OC.

Answer: As Defendant has denied knowledge of any such purported account, Defendant cannot possibly know what purchases and advances were made on such alleged account.

INTERROGATORY NO. 14: State whether or not any other person assisted you in the answering of these Interrogatories. If so, please state the name, address, and telephone number of the person(s) who assisted you.

Answer: Defendant is answering Pro Se

INTERROGATORY NO. 15: State with specificity, the date and description, of each amount you paid on the account OC or any other entity on this account.

Answer: As Defendant has denied knowledge of any such purported account, Defendant cannot possibly know what payments were made on such alleged account.

INTERROGATORY NO. 16: Identify and describe in specific details all conversations which you had with the Plaintiff, OC, or any other entity regarding this account.

Answer: Defendant has not had any conversations with the plaintiff or Original creditor on such alleged account. Additionally, Plaintiff has yet to furnish bona fide evidence that there is in fact an account subject to an alleged agreement.

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Sorry to bring up an old thread, but it's been almost 2 years and I haven't heard anything else out of them, but it's still an active case with the court.

Should I file an MSJ for failure to prosecute? I really want this off my shoulders.

Bear in mind, I'm kinda rusty on all this. I shouldn't have ignored this and let it drag on, but I was waiting to see their next move, and it got out of hand.

Sorry, diggingmyheelsin, I didn't see your post 'til now.

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Read your court rules to see if they state how long a case can remain active before the court can dismiss. Some courts will dismiss on their own if a case is inactive for a certain period of time.

OR, you can simply call the clerk of court and ask that question.

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Sorry to bring up an old thread, but it's been almost 2 years and I haven't heard anything else out of them, but it's still an active case with the court.

Should I file an MSJ for failure to prosecute? I really want this off my shoulders.

Bear in mind, I'm kinda rusty on all this. I shouldn't have ignored this and let it drag on, but I was waiting to see their next move, and it got out of hand.

Sorry, diggingmyheelsin, I didn't see your post 'til now.

One issue you will want to watch out for in researching the law of the state of Boonies.

In some states, there are two separate schemes for dismissal for want of prosecution: discretionary and mandatory. So, for example, if the case has been pending for 3-4 years without (being set for trial, any activity, etc), the court MAY dismiss. If the case has been pending for 5 years, the Court MUST dismiss.

Usually, the prevailing wisdom is that if you are operating in the period of discretionay dismissal, you do not want to bring a motion absent unusual circumstances. To do so might just wake sleeping dogs. In other words, if the Court denies the motion, plaintiff will come to life and do whatever is required.

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