Need help answering: Request to Admit, Interrogatories & Request for Production

[S&K]

Hello all,

My wife received a summons from Capital Alliance Financials, LLC. and the alleged debt is an old bank of America card.

I have answered the summons and now have received Request to Admit, Interrogatories and Request for Production.

My wife is unemployed and I am searching out answers on how to answer these request.

I have not sent my own discovery or interrogatories.

I need help. In a little over my head. Thanks in Advance.

We are in Allen County, Indiana.

Request to admit:

1. You personally opened the credit card in your name.

2. The credit card was issued on the account.

3. You received the credit card.

4. You received the cardholder agreement regarding the credit card account.

5. You activated the credit card.

6. You used the credit card.

7. You made one or more payments on the account after using the credit card.

8. Plaintiff is the current owner of the debt owed on the account.

9. Plaintiff is the correct entity entitled to receive payment on the account.

10. You personally used the credit card to make purchases and/or cash advances.

11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account.

12. You defaulted in making payments to the issuer for charges you incurred on the account.

13. You received bills on a monthly basis from issuer which detailed all charges on your account.

14. You never objected in writing or otherwise to the detailed bills received from the issuer.

15. The balance on the account on the date the issuer charged of the account was $4,193.94.

16. The current balance is $5,595.84.

17. The cardholder agreement attached as exhibit A is the agreement governing the transaction between you and the issuer/plaintiff.

18. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as exhibit B.

19. You did not dispute the debt after receiving the Demand letter.

**NOTE** The demand letter sent as Exhibit B is addressed to the wrong address. It was never received.

Now for INTERROGATORIES:

1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)?

2. (a) What do you believe the current balance of the account is at this time? ( How did you calculate the amount?

3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s).

4. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account.

5. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from.

6. With respect to the account, other than the plaintiff, is any other party currently attempting to collect this debt? If so, please identify the party and the dates of such collection attempts.

7. State every address you have lived at since March 9, 2004.

8. Do you currently work? Is so, please identify your employer and provide the address and telephone number.

9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated.

10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party.

11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses.

12. If you admit the you owe the debt on the account, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff.

13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.

14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories.

Request for Production:

1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account.

2. A copy, front and back, of the credit card.

3. Copies of all correspondence received from the issuer or other third parties related to collection of the account.

4. Copies of all letters or correspondence from the you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account.

5. All correspondence from you to any third party, other than your attorney, pertaining to this account.

6. If you deny having received or used the credit card, please produce all of your bank statements for the period from March 9, 2004 to April 30, 2006.

7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production.

8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit.

9. All documents you intend to rely upon or introduce into evidence at trial in this matter.

10. A list of any and all witnesses you plan to call for testimony at trial in this matter.

[RebelLady]

You say this is an "old BoA account"...how old is it? If memory serves...the choice of law state in the BoA cardholder's agreement is Delaware. The statute of limitations in Delaware is three years.

RL

[admin]

it would help both you and us if you took a crack at this first yourself and then ask specific questions.

[S&K]

You say this is an "old BoA account"...how old is it? If memory serves...the choice of law state in the BoA cardholder's agreement is Delaware. The statute of limitations in Delaware is three years.

RL

Thank you very much. I read the extremely small contract they sent as exhibit A, and in section 17.8, it states: GOVERNING LAW: THIS CONTRACT IS GOVERNED BY THE LAWS OF THE STATE OF DELEWARE (WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES) AND BY APPLICABLE FEDERAL LAW.

This is over 5.5 yrs old, so how do I respond? Do I object to Exhibit A, or do I need to file something?

[RebelLady]

If the date of the last activity (usually a payment) on the alleged account was over three years ago (not the age of the account itself but the last activity on the account), you can use the time-barred debt affirmative defense when you file your answer. And you must file your answer!

This forum has lots of good examples of how to answer admissions and interrogatories and examples of affirmative defenses that you can tailor to fit your specific situation. Look under Sample Forms for help.

Good luck!

RL

Edited July 22, 2010 by RebelLady