need help to fill out the disclosure

[jennie409]

hi all,

i just receive a summon paper from the court that left on my front door. there are questions from the plaintiff's disclosures that i do not know how to answer, please help ( i live in tx)

the plaintiff is PALISADES COLLECTION, LLLC and the law firm that represent them is regent and associates,

it states that the plaintiff requests the following disclosures from defendant:

a. the correct names of the parties to the lawsuit;

b. the names, addresses, and the telephone numbers of any potential parties;

c. the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial);

d. the amount and any method of calculating economic damages;

e. the name, adddress, and telephone number of persons having knowledge or relevant facts and a brief statemnet of each identfied person's connection with the case;

f. for any testifying expert:

1. the expert's name, address, and telephone number;

2. the subject mater on which the expert will testify;

3. the general substance of the expert's mental imjpressions and opnions and a brief summary of the basic for them, or if the expert is not retained by, employed by, or other wise subject to the control of the respoding party, documents reflecting such information;

4. if the expert is retained by, employed by, or otherwise subject to the control of the responding party:

A. all documents, tangible things, reports, models or data complilations that have been provided to re viwed by, or prepared by or for the expert in anticipation of the expert's testimony; and

B. the expert's current resume and bibliography;

g. any indemnity and insuring agreements described in Rule 192.3(f);

h. any settlement aggrements described in Rule 192.3(g)

i. any witness satements described in Rule 192.3(h);

j. in a suit alleging physical or mental injury and damages from the occurrence that is the subjecxt of the case, all medical records and bills abtained by the responding party by virtue of an authorization furnished by the request party.

in the package that i receive, there is only one page that call the <account information> with the client: Palisades collection,llc

account #: xxxxxx

interest rate: .06

principal: xxxx.xx

interest: xxxx.xx

total balance: xxxx.xx

and my name with my address on it

they also give me the request of admissions which i think i know how to do it but i still need people advice to help me

1. the plantiff (or Plaintiff's predecessor in interst) entered into a contract with defendant.

deny. plaintiff failed to state the basic of the claim. (in the whole package the keep saying plaintiff predecessor but with no name)

2. base on defendant's reqest, plaintiff or plaintiff's predecessor in terest opene the Account;

3. plaintiff is the owner of the indebtedness on the Account.

4. plaintiff ( or plaintiff's predecessor in terest) and defendant elntered into an agreement to create an account for credit.

5. plaintiff ( or plaintff's predecessor in terest offered an extension of crdit to defendant in exchange for defendant's promise to repay the credit.

6. defendant has understood from the time the account was opened that plaintiff (or plaintiff's predesessor in terest) made a loan on behalf of defendant for the amount requested.

defendant has understood from the time the account was opened that defendant is required and obligate to repay all charges or fees incurred on the account.

7. after the account was opened, defendat received statements showing the balance remaining on the account, along with the minumum payment required.

8. since the account was opened, defendant has not notified plaintifff or plaintiff's predecessor in interst of a dispute or error regarding any information contained in any of tjhe business records associated wtih the account;

9. defendent presently owes plaintifff the sum of xxxx.xx

10. the attached business records accurately state the amount of money that defendant owes on the account

11. defendant has breached the tract wtih plaintiff or plaintiff's predecessor in interest

12. plaintiff made demand on defendalnt befor filing suit, for payment of the outstanding balance due at that time

13. you received a demand letter from plaintiff of plaintiff's predecessor in interest or plaintiff's attorneys for payment on the account

14. at no time prior to the filing of this suit did defendant or defendant's representative request verification of the debt from plantiff or plaintiff's predecessor in interest agents;

15. at no time prior to the filing of this suit did defendant dispute the debt owing on the account

16. defendat is not a member of any military service wht assignments or orders that would give the defendant a right to delay under the law.

17. defendant has no defense to this suit, and judgementshould be granted as prayed for.

18. at least xxxx.xx should be awarded to plaintiff as attorney's fes in this suit.

19. the documents attached to this petition are true and correct coppies of the business records maintained by plaintiff

20. plaintiff or plaintiff's predecessor in interest has applied all just and lawful offsets to the account

21. if defendant requested verification of the debt from plaintiff, plaintiff verified the debt prior to filing this lawsuit.

in which i deny all of the above.

1. deny. plaintiff failure to state the basic jof the claim

2. same as 1

3. deny. plaintiff failure of consideration???

4. deny. same as 1 ( the complaint fails to allege the contract as no contract is attached and it doest not properly allege that defendat assented to its term)

5. deny, statue of frauds

6. deny, statue of frauds

7. deny, same as #1

8. deny, same as #1

9. deny

10. deny

11. deny

12. deny

13. deny

14. deny

15. deny

16. deny *i do not know how to answer this one*

17. deny

18. deny

19. deny

20. deny

21. deny

for all of the above, i have never receive any letter from them at all so i do not know wihich <account> are they talking about

there is no evidence at this point beside a computer paper with my name and the CA (plaintiff) on it with the interest and ect.

please help since i am new to this

from number 9 - 21 i do not know how to state my claim

and please help me to answer for the disclosure above

thankx to all

Edited July 25, 2010 by jennie409

[nobk4me]

This sounds like discovery. Have you actually received the summons and complaint? And if so, have you answered it? That is the first step.

For No. 16, you might admit if it is true, that you are not a member of the military. The rest of them, just deny.

[jennie409]

thankx nob....can anyone help me to answer the questions from a to j please????

[jennie409]

can anyone help me to answer this question from the attorney please because i surely do not understand it?????

c. the legal theories and, in general, the factual bases of the responding party's claims or defenses (the responding party need not marshal all evidence that may be offered at trial);

d. the amount and any method of calculating economic damages;

e. the name, adddress, and telephone number of persons having knowledge or relevant facts and a brief statemnet of each identfied person's connection with the case;

f. for any testifying expert:

1. the expert's name, address, and telephone number;

2. the subject mater on which the expert will testify;

3. the general substance of the expert's mental imjpressions and opnions and a brief summary of the basic for them, or if the expert is not retained by, employed by, or other wise subject to the control of the respoding party, documents reflecting such information;

4. if the expert is retained by, employed by, or otherwise subject to the control of the responding party:

A. all documents, tangible things, reports, models or data complilations that have been provided to re viwed by, or prepared by or for the expert in anticipation of the expert's testimony; and

B. the expert's current resume and bibliography;

g. any indemnity and insuring agreements described in Rule 192.3(f);

h. any settlement aggrements described in Rule 192.3(g)

i. any witness satements described in Rule 192.3(h);

j. in a suit alleging physical or mental injury and damages from the occurrence that is the subjecxt of the case, all medical records and bills abtained by the responding party by virtue of an authorization furnished by the request party.

please help me......

Edited July 26, 2010 by jennie409

[nobk4me]

You could object to it as unduly burdensome. For c, legal theories, just refer them to your answer. And for the rest, say you have not identified the witnesses or documentary evidence you will present at trial at this time.

But, you do have a continuing responsibility to update your answers when such information does become available. If you don't, they are entitled to strike it at the trial.

[jennie409]

CAN ANYONE HELP ME TO ANSWER <G> AND <J> PLEASE

[skippy1960]

The party objects to this request on grounds , among others, that: it is overly broad as to time and subject matter, and as such is not calculated to lead to the discovery of relevant or admissible evidence: it calls for information not relevant to the subject matter of this action nor reasonalbly calculated to lead to discovery of admissable evidence: and it assumes facts not in evidence.

Discovery is ongoing and this party reserves the right toe amend and supplement this response as necessary.

Also you are from Texas I would check out Budd Hibbs.com he is based in texas and Palisades is on his list of worst collectors. I have seen some good information on texas law....

Good Luck

[ping]

sounds like the AZ 26.1 disclousre form it's really simple to fill in and there is a copy of one floating around here; let me find it.

it's nothing that you admit or deny; but you have to fill out pre discovery as part of the Rules of civil procedure.

http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302360&highlight=26.1+disclosure

Edited July 29, 2010 by ping
found it