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Credit Card Civil Suit Help with Interrogations


mikefl
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Ok, a local law firm filed suit against me. The original debt is with HSBC and the collection agency is Midland. The amount they want is close $1,000, (which includes attorney fees, original debt, etc). I have received the court summons, answered it and filed my answer. I denied it and mentioned some affirmative defenses. I have not been provided with anything except an account number so far. After this I received some additional questions from the law firm. Two of the questions I need help answering:

1. If you dispute some or all of the charges as alleged by the plaintiff, itemize each and every charge you dispute and state the date you first notified the plaintiff or its predecessor or assignor of the dispute. It goes on asking for invoices, copies of letters, blah blah.

How can I answer this question with legal blurb? I am denying this debt.

2. State whether you ever disputed any of the monthly invoices and/or statements which were mailed to you from Plaintiff or its predecessor or assignor. If so, blah blah.

I never spoke with anybody about this (lawyer, HSBC, Midland). I want to say that to the best of my knowledge I never received anything from them. How can I best answer this question with legal blurb?

I think they have no case at all. They expected just to get a default judgement or me to call them to negotiate. But since I am answering the suit, now they are trying to get me to screw up (which I haven't so far) so they can win. I don't plan to have them win and want to make them work and loose. Is now also the time for me to send me a nice list of things for them to produce?

Thanks for all help.

-Mike

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A few questions:

1. Is the debt within or outside the SOL?

Within.

2. Who owns the debt? HSBC or Midland?

Midland.

3. What did you include in your affirmative defenses?

I denied all allegations. I mentioned I have a current account with HSBC but the account number is different and that account is in good standing. Copy of statement was included. Then I mentioned 3 affirmative defenses:

Statue of frauds - no contract exists

Failure of consideration - no exchange of money or goods occurred between Midland and the defendant.

Lack of privity: No relationship exists between Midland and the defendant. I, Mike Blah never signed a contract or agreement with Midland.

-Mike

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I denied all allegations. I mentioned I have a current account with HSBC but the account number is different and that account is in good standing.

Ok, I'm a little confused. If your current account with HSBC is in good standing, on what account are they suing you? Did you have a 2nd account with HSBC. or are they suing you on an account that is not yours?

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Ok, I'm a little confused. If your current account with HSBC is in good standing, on what account are they suing you? Did you have a 2nd account with HSBC. or are they suing you on an account that is not yours?

They are suing on another account. I might have had another account with HSBC in the past.

-Mike

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Ok, a local law firm filed suit against me. The original debt is with HSBC and the collection agency is Midland. The amount they want is close $1,000, (which includes attorney fees, original debt, etc). I have received the court summons, answered it and filed my answer. I denied it and mentioned some affirmative defenses. I have not been provided with anything except an account number so far. After this I received some additional questions from the law firm. Two of the questions I need help answering:

1. If you dispute some or all of the charges as alleged by the plaintiff, itemize each and every charge you dispute and state the date you first notified the plaintiff or its predecessor or assignor of the dispute. It goes on asking for invoices, copies of letters, blah blah.

How can I answer this question with legal blurb? I am denying this debt.

2. State whether you ever disputed any of the monthly invoices and/or statements which were mailed to you from Plaintiff or its predecessor or assignor. If so, blah blah.

I never spoke with anybody about this (lawyer, HSBC, Midland). I want to say that to the best of my knowledge I never received anything from them. How can I best answer this question with legal blurb?

I think they have no case at all. They expected just to get a default judgement or me to call them to negotiate. But since I am answering the suit, now they are trying to get me to screw up (which I haven't so far) so they can win. I don't plan to have them win and want to make them work and loose. Is now also the time for me to send me a nice list of things for them to produce?

Thanks for all help.

-Mike

#1

Objection:

Defendant objects to the Plaintiff’s request for Documents as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or their attorneys. It is 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. The Defendant cannot provide what is requested.

Without waiving his objection, the Defendant at this time reserves the right , if need be, to alter Defendant's answer.

#2

Objection:

Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such

can not provide requested information.

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#1

Objection:

Defendant objects to the Plaintiff’s request for Documents as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or their attorneys. It is 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. The Defendant cannot provide what is requested.

Without waiving his objection, the Defendant at this time reserves the right , if need be, to alter Defendant's answer.

#2

Objection:

Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such

can not provide requested information.

Thank you! How do you think i'm doing so far, what do you think will happen next? I guess I will answer the few questions they sent me and send this back to them certified mail. No need or should I also send/file this with the court?

-Mike

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Through their interrogatories, Midland is trying to get you to do the work and prove their case for them.

Did they send you any documents at all? If not, you don't know what account their talking about. Donq's objections look pretty good to me. Midland brought the suit, Midland has to prove it.

If you haven't requested discovery, go for it. In your Request for Production of Documents:

1. Request any and all documentation that proves an account existed with HSBS.

2. Request proof that Midland is the current and legal owner of the alleged account.

3. Request proof that the alleged account is within the SOL.

If the debt is within the SOL, it doesn't mean Midland can prove it. Even if they can, they still have to prove they own the debt and have a right to collect.

Oh, and if they provide an affidavit from one of their "employees" stating they have knowledge of the account and you owe it....BOGUS. That Midland employee has no knowledge of anything related to HSBC or HSBC's day to day operations, so therefore, it's useless and inadmissible.

I guess I will answer the few questions they sent me and send this back to them certified mail. No need or should I also send/file this with the court?

Read your court rules. They'll tell you what needs to be filed with the court. Just make sure when you send anything certified mail, it's also return receipt requested.

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Through their interrogatories, Midland is trying to get you to do the work and prove their case for them.

Did they send you any documents at all? If not, you don't know what account their talking about. Donq's objections look pretty good to me. Midland brought the suit, Midland has to prove it.

If you haven't requested discovery, go for it. In your Request for Production of Documents:

1. Request any and all documentation that proves an account existed with HSBS.

2. Request proof that Midland is the current and legal owner of the alleged account.

3. Request proof that the alleged account is within the SOL.

If the debt is within the SOL, it doesn't mean Midland can prove it. Even if they can, they still have to prove they own the debt and have a right to collect.

Oh, and if they provide an affidavit from one of their "employees" stating they have knowledge of the account and you owe it....BOGUS. That Midland employee has no knowledge of anything related to HSBC or HSBC's day to day operations, so therefore, it's useless and inadmissible.

Read your court rules. They'll tell you what needs to be filed with the court. Just make sure when you send anything certified mail, it's also return receipt requested.

So far they have not sent me any documents. The only thing I received prior to the court summons was two letters from the law firm now suing me. In those letters they were attempting to collect.

I will request production of documents from them which I will be very surprised if they have anything at all. I am aware of your other comments as I have read that a few times. Thank you very much for your help and time!

-Mike

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So far they have not sent me any documents. The only thing I received prior to the court summons was two letters from the law firm now suing me. In those letters they were attempting to collect.

I will request production of documents from them which I will be very surprised if they have anything at all. I am aware of your other comments as I have read that a few times. Thank you very much for your help and time!

-Mike

One other thing you might do....

If you answer evasive enough, include your own affidavit with your

anwer to their rogs.

That way you are being 100% honest and truthful in swearing the answers you have

provided are honest and truthful.

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One other thing you might do....

If you answer evasive enough, include your own affidavit with your

anwer to their rogs.

That way you are being 100% honest and truthful in swearing the answers you have

provided are honest and truthful.

You mean give them a legal answer and then elaborate on that in a personal manner? Can you give me an example? Thank you.

-Mike

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  • 2 weeks later...

Ok looks like i'm going to need some more help. I responded to the Lawyers questions and also sent them my questions (discovery). I just received a letter where they reject my request for discovery because it does not comply with the rules of the court they say. Then they also want me to answer their questions again and said the following about that "Demand is now made for more specific answers to Plaintiff's discovery demands. You did not provide any form of substantive response to questions 1 through 5. Please set fourth factual basis of your defenses. If you are saying that the amount sought in the complaint is higher than what you believe is due, then provide specific details to support your position."

How should I proceed? I can post their questions and my answers if that helps.

-Mike

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Ok looks like i'm going to need some more help. I responded to the Lawyers questions and also sent them my questions (discovery). I just received a letter where they reject my request for discovery because it does not comply with the rules of the court they say. Then they also want me to answer their questions again and said the following about that "Demand is now made for more specific answers to Plaintiff's discovery demands. You did not provide any form of substantive response to questions 1 through 5. Please set fourth factual basis of your defenses. If you are saying that the amount sought in the complaint is higher than what you believe is due, then provide specific details to support your position."

How should I proceed? I can post their questions and my answers if that helps.

-Mike

Did you review your court procedures about how to file Discovery against them? If so, then I wouldn't worry. They can object to your questions, but it's up to the judge to decide.

Similarly, you can keep your answers the same and let the judge rule on whether or not they are sufficient. If you've received no evidential paperwork proving the existence of an account, I think your answers are fine.

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Did you review your court procedures about how to file Discovery against them? If so, then I wouldn't worry. They can object to your questions, but it's up to the judge to decide.

Similarly, you can keep your answers the same and let the judge rule on whether or not they are sufficient. If you've received no evidential paperwork proving the existence of an account, I think your answers are fine.

Thank you for your response. I was looking at the court rules and found the following doc (I can't post the link).

Do I need to fill this out in order for me to ask discovery questions from the lawyer? If I do please give me an idea what I need to complete if you can. I did not fill this out, I simply responded to their questions and then sent them my questions to them. I sent a copy of all that stuff to the court as well. I can post their questions, my answers and my questions to them if you like.

Now things are starting to get interesting. A day after I mailed my answers/questions to the lawyer and the court, I received a notice from the court about a non-jury trial for next month. A couple days later I received a letter from the lawyer rejecting my answers and wanting me to answer them again. I also received another letter from the lawyer saying they reject my discovery demands because they do not meet the rules of the court.

Now just a couple days ago I got another letter from the lawyer where they quote a bunch of laws and are trying to get the trial postponed so they can prepare. They sent me the same letter many times. I have no doubt they are not happy campers right now, what tuned out to be easy money using automated tools is now causing them to do some work. They are going to try to get me on technicalities no doubt. So far I still have nothing from them except a collection company name, account number and the amount they want.

-Mike

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#1

Objection:

Defendant objects to the Plaintiff’s request for Documents as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or their attorneys. It is 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. The Defendant cannot provide what is requested.

Without waiving his objection, the Defendant at this time reserves the right , if need be, to alter Defendant's answer.

#2

Objection:

Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such

can not provide requested information.

That's basically how responded to my interogatories. They provided no account so I couldn't respond.

I then went on to file my own discovery where I asked for account #, ownership, itemized bill, contract, etc.

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Ok here are their discovery questions to me and my answers. Also I am posting the discovery questions I sent to them which they did not like and said they do not meet the rules of the court.

Please note that Plaintiff requires Defendant's certified answers to the following questions:

1. If you dispute the balance due as set forth in the complaint, then state with detail the basis of your dispute and include your mathematical calculations to support how the amount sued upon is incorrect and what the amount should be.

2. If you dispute some or all of the charges as alleged by plaintiff, itemize each and every charge you dispute and state the date you first notified plaintiff or its predecessor or assignor of the dispute. Include in your answer how you notified plaintiff or its predecessor or assignor of the dispute, i.e. letter, telephone. Attach hereto a copy of your contract with plaintiff and copies of your monthly statements and all invoices and copies of all letters and documents referred to in your answer.

3 . State in detail what payments were made by you to plaintiff or to any other entity which relates to the account and/or matter sued upon in this action. Include the dates, manner and amount of each payment. If you allege a credit or set-off or deduction then explain the basis and amounts of same. Attach hereto copies of all checks and receipts pertaining to any payments you made.

4. State whether you ever disputed any of the monthly Invoices and/or statements which were mailed to you from plaintiff or its predecessor or assignor. If so, state with whom you spake regarding the dispute, the date of same, and attach a copy of any letters or telephone statement that supports your allegations.

5. State in detail every defense to this suit which will be offered by you at the trial of this action. To support any defense or allegation set forth by you, attach hereto a copy of every writing, record, document or paper forming a part of such proof.

My Answers to them:

Interrogatory No. 1 Objection:

Defendant objects on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct. The Plaintiff should have records or documents of the Amount Sued upon as being correct from Plaintiff's own files and the Defendant has asked the Plaintiff to provide this proof such as an account stated during his discovery. The Defendant has listed this as an Affirmative Defense in his Answer. The Defendant leaves the Plaintiff to its proof. Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.

Interrogatory No. 2 Objection:

Defendant objects to the Plaintiff’s request for Documents as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or their attorneys. It is 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. The Defendant cannot provide what is requested. Without waiving his objection, the Defendant at this time reserves the right, if need be, to alter Defendant's answer.

Interrogatory No. 3 Objection:

Defendant objects on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative. The Defendant has sought the Contract Alleged through Discovery and demands strict proof thereof. Without waiving the Defendant’s objection, the Defendant to the best of his knowledge has never made any payment to Midland Funding LLC.

Interrogatory No. 4 Objection:

Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such cannot provide requested information.

Interrogatory No. 5 Objection:

Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and the Plaintiff has not yet produced pertinent documents. Without waiving his 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 interrogatory at a later time when that decision is made.

They did not like my answers and said demand is now made for more specific answers to Plaintiff's discovery demands. They say I did not provide any form of substantive response to all their questions. Then they go on to say please set forth the factual basis of your defenses, if you are saying the amount sought is higher than what you believe is due then provide more specific details to support this. Do I need to do anything here at all or should I simply respond, that based on what I have received from them my answers are proper? So far all I have from them is a Name, Account Number and amount, nothing else. A non-jury trial date has just been set but they are also trying to get that date changed so they can prepare they say.

Here are my discovery questions to them which they did not like very much and rejected them saying they do not meet the rules of the court:

1. Please provide the actual credit card contract upon which your Complaint is based on.

2. Please provide a contract, agreement, assignment, or other means of demonstrating that the Plaintiff has the authority and is legally entitled to collect on the alleged debt.

3. Please furnish reasonable proof, such as an original or copies of the assignment agreement or

Assignment agreements transferring the alleged contract and/or account in question from HSBC BANK NEVADA over to MIDALND FUNDING LLC to show an Assignment has been made and that MIDALND FUNDING LLC is the real party in interest.

4. Please provide a copy of the Assignment between HSBC BANK NEVADA and MIDALND FUNDING LLC.

5. Please evidence proof of the Defendant’s alleged debt to Plaintiff, including specifically the alleged contract, between the plaintiff and defendant or any other instrument constructed solely for the purpose of creating a financial agreement between the Plaintiff and Defendant bearing Defendants signature and/or please produce the contract that legally requires the Defendant to pay the amount entered into complaint.

6. Please provide the original or copy of the account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws that the agreement and account are governed by, plus other important facts.

7. Please provide copies of the amount paid and/or the consideration due for the alleged contract/account.

8. Please provide all copies of manuals, procedures, and protocols used by Plaintiff regarding

Communication with Defendant regarding purchased debt.

9. Please evidence authorization of Plaintiff to do business, create loans, issue or extend credit, collect debts and/or operate in the State where the Plaintiff conducts their business.

10. Please evidence authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of New Jersey.

11. Please provide a document or documents(s) that proves you did send the defendant a

Notification of assignment of the account or assignment of rights.

12. Please attach any and all notices sent to Defendant by Plaintiff in regards to this account demanding payment.

13. Please attach copies of all statements generated while this alleged account was open with Plaintiff.

14. Please attach a complete and accurate history of the interest charged on this alleged account with Plaintiff. Show the exact dates those interest rates changed and list the various rates that were charged during this debt and the exact method of amortization.

15. Please attach any and all notices sent to Defendant by Plaintiff announcing changes in interest, fees or penalties and/or the terms of this alleged debt.

16. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported defendant’s debt and the dates of each such report.

17. Please provide the original dunning letter that was sent to Defendant.

18. Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from plaintiff to any collection agency or collection attorney.

19. Please attach a copy of the agreement with Plaintiff that grants Law Firm ABC

Attorney(s) the authority to collect this alleged debt.

-Mike

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I personally think your objections are a more than a little wordy, are nonsensical and state the same thing over and over. If I were a judge, I would say the answer is incomplete.

1. Defendant objects on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct. The Plaintiff should have records or documents of the Amount Sued upon as being correct from Plaintiff's own files and the Defendant has asked the Plaintiff to provide this proof such as an account stated during his discovery. The Defendant has listed this as an Affirmative Defense in his Answer. The Defendant leaves the Plaintiff to its proof. Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.

Instead, use the ones already given to you:

1. Objection:

Defendant objects to the Plaintiff’s request for Documents as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or their attorneys. It is 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. The Defendant cannot provide what is requested.

Without waiving his objection, the Defendant at this time reserves the right , if need be, to alter Defendant's answer.

2. Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such

can not provide requested information.

But I like your requests for discovery.

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I personally think your objections are a more than a little wordy, are nonsensical and state the same thing over and over. If I were a judge, I would say the answer is incomplete.

Instead, use the ones already given to you:

1. Objection:

Defendant objects to the Plaintiff’s request for Documents as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or their attorneys. It is 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. The Defendant cannot provide what is requested.

Without waiving his objection, the Defendant at this time reserves the right , if need be, to alter Defendant's answer.

2. Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such

can not provide requested information.

But I like your requests for discovery.

Thank you. What about the rest of the questions, 3,4 and 5 should I your number 2 suggestion for those as well?

-Mike

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That's basically how responded to my interogatories. They provided no account so I couldn't respond.

I then went on to file my own discovery where I asked for account #, ownership, itemized bill, contract, etc.

Great point!! How do you respond with sufficient knowledge when they haven't even proven they own the debt. Don't let them steamroll you. Stay evasive and you'll be fine. It's also good when answering interrogatories to end with, "Plaintiff has failed to prove that they own the alleged debt."

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Ok I have not sent my new answers for questions 1 through 5 yet, I am preparing them so I can send them tomorrow. Today I received a notice from the lawyer saying they are filing a Motion to Compel Discovery and I have 10 days to provide more responsive answers to questions 1 through 5. It's obvious there are trying to win this on little mistakes as it appears they have nothing else besides a name, amount and an account number. Should I answer all 5 questions with the two suggested responses posted? Thank you all for your input.

-Mike

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The Plaintiff is trying to 'rush' you into making a mistake. The Motion To Compel Discovery is just a fishing trip. Many orders on a motion to compel simply establish a new deadline, but one that can be punished by the court if missed - and by rule costs/fees that can be assessed against you if you lose the motion to compel.

I read a good tip in a lawyers blog recently:

"Best advice: take a serious look at the original discovery request. Are there requests that you can fulfill without any objection? If so, get those responses prepared and sent off. You want to reserve those questions/requests that you are unwilling to answer/produce to those items that you have a strong argument against disclosure. Just not wanting to disclose or thinking that the information is none of their business is not enough. You have to have a valid reason to protect the information."

Another here:

Legal Question - JustAnswer http://www.justanswer.com/questions/6khc-legal-question#ixzz11W2NUWQw

Most state laws will limit the number of questions asked since some attorneys will bury the other side in interrogatories to try to keep them burdened with paperwork.

Interrogatories should be straightforward, asking for information that would be readily available.

Give them just the basics:

• Joe Black objects generally to Jane Black’s first set of interrogatories on the grounds that they are overly broad and burdensome. Joe Black has made a good faith effort to respond to the interrogatories, but reserves the right to object, an to move to have vacated, all of Jane Black’s interrogatories.

• The following responses and objections are based upon information not known. Joe Black has not yet completed discovery or preparation for trial in this action and therefore will supplement these responses and objections to the extent required by the Rules of Civil Procedure.

• My name is Joe Black. I reside at XYZ Nowhere Street, Anywhere, State. I object to the remainder of the interrogatory as being irrelevant and invasive of my privacy

• The "defendant objects to this discovery request in that the items requested are within the custody and control of plaintiff and that the items requested are necessary to establish various elements of plaintiff's cause of action "

I like what Admin and Massive suggested -

--------------------

Few do it better then Google – See: As example, http://docs.justia.com/cases/federal/district-courts/georgia/gandce/1:2008cv00483/148984/47/0.pdf

GOOGLE INC.’S RESPONSE IN OPPOSITION TO

PLAINTIFF’S MOTION TO COMPEL DISCOVERY

Edited by FL4answer58
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Ok I tried to combine all the tips I received from all of you and I came up with the following to send as my new revised answers:

Dear Law Firm ABC:

Defendant MikeflJ objects generally to Law Firm ABC first set of interrogatories on the grounds that they are overly broad and burdensome. Mikefl has made a good faith effort to respond to the interrogatories, but reserves the right to object, and to motion to have vacated, all of Law Firm ABC interrogatories.

The following responses and objections are based upon information not known. Mikefl has not yet completed discovery or preparation for trial in this action and therefore will supplement these responses and objections to the extent required by the Rules of Civil Procedure.

My name is Mikefl, I reside at 1 Main St. Nowhere, NJ. I object to the remainder of the interrogatory as being irrelevant and invasive of my privacy. The "defendant objects to this discovery request in that the items requested are within the custody and control of plaintiff and that the items requested are necessary to establish various elements of plaintiff's cause of action ".

1. Defendant is unaware of owning such account as stated by the Plaintiff and has not made any payments against the account. Defendant objects on the grounds that it is overly broad and unduly burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such can not provide requested information.

2. Defendant objects on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and the Plaintiff has not yet produced pertinent documents. Without waiving his 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 interrogatory at a later time when that decision is made.

3. Defendant objects on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct. The Plaintiff should have records or documents of the Amount Sued upon as being correct from Plaintiff's own files and the Defendant has asked the Plaintiff to provide this proof such as an account stated during his discovery. The Defendant has listed this as an Affirmative Defense in his Answer. The Defendant leaves the Plaintiff to its proof. Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.

--or--

3.1.

Defendant is unable to dispute the balance due as set forth in this complaint based on the information so far provided to Defendant from Plaintiff. Plaintiff has not provided the Defendant with a contract between the Plaintiff and Defendant or any other instrument constructed solely for the purpose of creating a financial agreement between the Plaintiff and Defendant bearing Defendants signature and/or a contract that legally requires the Defendant to pay the amount entered into complaint.

4. Defendant never disputed or received any monthly invoice and/or statements from Plaintiff, Assignor or Predecessor.

5. Defendant is unaware of owning such account as stated by the Plaintiff. Plaintiff has not provided the Defendant with a contract between the Plaintiff and Defendant or any other instrument constructed solely for the purpose of creating a financial agreement between the Plaintiff and Defendant bearing Defendants signature and/or a contract that legally requires the Defendant to pay the amount entered into complaint.

You will notice that on some answers I added my own comment. And for answer 3, I provided two different answers. Please comment about my answers, provide any edit recommendations and which you think I should use and whether or not I should even use the three paragraphs in the letter I put together up top. I need to brush this up and send it out. Quick review, the Law firm requested that I provide more specific answers and they also filed a motion to compel discovery and gave me 10 days to respond. Do I need to do anything about this motion that they filed? I am basically going to send my new answers to the firm and the court. Your will find the original questions from the firm listed earlier in the thread. Thank you all for your help.

-Mike

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Don't add your own comment. Be brief and stick to the facts. Overly long or rambling statements only weaken your case.

In number 1, I'd scratch this line:

Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such can not provide requested information.

#2 good

#3 Use 3.1

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Don't add your own comment. Be brief and stick to the facts. Overly long or rambling statements only weaken your case.

In number 1, I'd scratch this line:

Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff and as such can not provide requested information.

#2 good

#3 Use 3.1

I have made those changes, thank you! Do you think I should include the letter with the three paragraphs I put together up top?

-Mike

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