Help with Cap One Interrogatories and Answers

[Warfarin]

First off thanks to all for your encouragement. I filed my answer to Cap One. Court date is early Dec.

I received the following and would appreciate assistance in answering.

Requests for Admissions

1. That the statement or affidavit attached to the original complaint is true and correct. (No evidence other than a credit card statement with a monthly payment with no itemization)

2. That the Defendant(s) have/had an account with the Plantiff

3. That the Defendant(s) is/are indebted to the Plaintiff in the principal sum of xxxxx.

4. That the Defendant(s) has/have no good and valid defense to Plaintiff complaint.

5. That the Defendant(s) ordered goods, merchandise and/or services from Plaintiff as set forth in Plaintiff's complaint and attached Exhibits (There were no exibits other than the monthly statement)

6. That the Defendant(s) has/have not paid for all goods, merchandise and/or services ordered and received from Plaintiff.

7. That the amounts charged for the goods, merchandise and/or services ordered by the Defendant are reasonable.

8. That the Defendant(s) is the proper party Defendant(s), and the only proper party Defendants in the Plaintiff Petition

9. That the Defendant owes the Plaintiff the sum of xxxxx, together with a reasonable attorney's fee, and interest as set forth in Plaintiff's Petition.

Interrogatories.

1. Please state name, address and phone number of each lay witness who will be called by the defendant at the trial of this matter. For each witness please state nature and substance of testimony.

2. Please state name, address and phone number of each expert witness who will be called on behalf of the Defendant to testify at the trial of this cause.

3. For each expert witness who will be called on behalf of the Defendant to testify at the trial of this cause, please state the subject matter on which in the individual is expected to testify and the substance of his testimony.

4. If you listed any items of documentary evidence in your Answer to Interrogatory #3, please attach copies of all evidence. Please describe all demonstrative evidence to be offered as an exhibit at the trial of this cause, which will be used by any witness for the purpose of refreshing memory and state the name and address of the person having custody of each document.

5. If you described any demonstrative evidence in your answer to #4, please attach a copy or replica of said demonstrative evidence to your Answer. Please state the names and addresses of all persons assisting in the answering of these Interrogatories.

6. Please state in detail the nature of every defense you intend to raise at trial. Please produce all documents or other tangible items which will be introduced into evidence or referred to during testimony of any witness during trial of this matter which have not been provided in response to the previous requests for Production of Documents.

7. Please provide ten original signatures of (my name), on a blank piece of paper.

Thanks so much for help in answering these.

[Massive]

What information was included in the lawsuit and how did you answer it?

[Warfarin]

The only information in the lawsuit was that I was being sued for an (amount) and attached to the suit was a copy of a monthy credit card statement with a single amount due and terms and conditions of agreement (illegible copy)

My sole answer to every complaint was:

Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in paragraph () of the Complaint and therefore denies the same and puts Plaintiff to its strictest proof thereof.

My Affirmative Defences were as follows:

1. Defendant was not notified of any assignment of the debt that is subject of the Complaint.

2. Defendant does not consent to or ratify any assignment of the debt that is the subject of the Complaint or any portion of it.

3. Defendant reserves the right to plead further and reserves objections on the basis of lack of jurisdiction over the subject matter; lack of jurisdiction over the person; improper venue; insufficiency of process; insufficiency of service of process; failure to state facts upon which relief can be granted, and failure to join a party under Rule 19, if any.

4. Plaintiff's Complaint fails to allege a valid assignment of debt and there are no averments as to the nature of purported assignment or evidence of valuable consideration; Plaintiff's Complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

WHEREFORE, Defendant prays that the Complaint filed herein against him be dismissed; for his costs herein expended; and for any and all other just and proper relief.

[Warfarin]

I object to all of the Interrogatories, but how would I handle the request for ten original signatures on a blank sheet of paper?

[nobk4me]

I object to all of the Interrogatories, but how would I handle the request for ten original signatures on a blank sheet of paper?

Maybe object to that one because you are concerned about identity theft and forgery?

[Massive]

Maybe object to that one because you are concerned about identity theft and forgery?

Nice!!

[Warfarin]

Heard back from attorneys. They are getting ugly.

Got two letters. First was that they didn't like my answers and interrogatories, they said my answers were insufficient and that I failed to comply, they will file a motion to compel if I don't respond in 15 days.

The next letter I was copied on to the judge regarding a motion for summary judgement with copies of my answers and interrogatories attached.

How should I respond?

Thanks much!

[FL4answer58]

Heard back from attorneys. They are getting ugly.

Got two letters. First was that they didn't like my answers and interrogatories, they said my answers were insufficient and that I failed to comply, they will file a motion to compel if I don't respond in 15 days.

The next letter I was copied on to the judge regarding a motion for summary judgement with copies of my answers and interrogatories attached.

How should I respond?

How did they respond to yours - read up on interrogs - there are ways to answer them. Watch how they word thiers, copy how they did it, you may answer something in the Rogs and then mess up by answering differently in Admissions. Keep a watch out for Tricky Questions that’ll end you up in trouble.

What do interrogs want?

1.Particularize vague and uncertain pleadings;

2.Narrow issues for trial;

3.Determine facts usable as a basis for planning further discovery;

4.Obtain information that may lead to the procurement of evidence;

5.Test the merit of a claim or defense;

6.Harass the timid, exaggerating, or false claimant;

7.Harass the blustering, arrogant, or defenseless tort feasor;

8.Permit precise discovery where there exists the obstacle of foreign language, speech impediment, or hearing impairment;

9.Augment or particularize insufficient oral examination;

10.Pierce the veil of a corporate tort feasor;

11.Obtain information by which to impeach the credibility of a witness, on oral discovery or at trial;

12.Support a motion for summary judgment;

13.Obtain valuable admissions to be used as evidence at trial;

14.Obtain an occasional written statement or document for use at a trial;

15.Update discovery by use of successive interrogatories before trial, and even during trial.

Your answers: See http://howtoanswerasummons.com/?p=79

Objections to the admissibility of the information solicited by the interrogatory are improper, unless the information would not lead to admissible information.

2. Objection to Information or Response Sought:

The (plaintiff/defendant) objects to interrogatory number — on the ground that it seeks information or a response that is:

a. Obtainable from some other source that is more convenient,

b. Less burdensome or less expensive,

c. Not within the knowledge, possession, custody or control of the (plaintiff/defendant),

d. Beyond the permissible scope and requirements of the (applicable) Rules of Court,

e. Premature as it requests the (plaintiff/defendant), prior to the completion of discovery, to state all the facts supporting its present contentions and to speculate as to its future contentions,

f. Not limited in time to the years of the alleged occurrence,

g. Equally available to both parties,

h. Already in the (plaintiff’s/defendant’s) knowledge, possession, custody or control,

i. Generated or authored subsequent to the commencement of this court action,

j. Seeks statements made by witnesses without the requisite showing of substantial need and undue hardship,

3. Objection on basis of lack of relevance:

The (plaintiff/defendant) objects to interrogatory number — on the ground that it:

a. Seeks information that is not relevant to any issue in this action,

b. Seeks information not calculated to lead to the discovery of admissible evidence,

c. Seeks information not relevant to any subject matter of this action.

4. Objection on basis of privilege:

The (plaintiff/defendant) objects to interrogatory number — on the ground that it:

a. Seeks information that is privileged by virtue of the “attorney-client” privilege,

b. Seeks information that is protected by the “work product” privilege (The interrogatory calls for disclosure of information or materials prepared in anticipation of litigation and/or trial preparation material without the showing required by the (applicable) Rules of Civil Procedure. The “Work Product” privilege includes information which has been acquired or prepared in anticipation of litigation or for trial by or on behalf of a party or its attorneys as well as in information relating to the mental impressions, conclusions, opinions or legal theories of any attorney or legal representative of an insurer),

c. Seeks disclosure of information where such disclosure would violate the privacy rights of individuals,

d. Seeks information relating to any confidentiality agreement between the defendant and any individual,

e. Seeks information which would violate a court order restricting the disclosure of information,

f. Seeks information which could result in the disclosure of confidential commercial information, trade secrets or proprietary information.

5. Objecting on basis of expert witness selection:

a. In response to this interrogatory requesting information about experts, no determination as to who may be called as an expert witness has yet been made. I reserve my right to further supplement this response when such information is known to me.

b. I object to those parts of the interrogatory which seek the expert’s qualifications, social or professional relationship to the defendant, a bibliography which the expert considers authoritative, a bibliography of all published works of the expert, the manner in which the expert became familiar with the facts of the case, and a list of all cases in which the expert has testified on the grounds that the information requested is outside the scope of (applicable) rules.

c. I object to this interrogatory on the grounds that the employment of such persons, if any, occurred in anticipation of litigation, constitute work product of counsel and are not discoverable, and further that such information is specifically protected from discovery with specific exceptions, pursuant to RCP's [list your states].

Edited October 1, 2010 by FL4answer58

[FL4answer58]

How should I respond?

Hit them with your own equally challenging interrogs ASAP - then file with judge to compel!

Edited September 30, 2010 by FL4answer58

[FL4answer58]

The next letter I was copied on to the judge regarding a motion for summary judgement with copies of my answers and interrogatories attached. How should I respond?

Forgive my inexperience your honor - I'm Pro Se. I'll do better next time.

What does the Atty expect - at best the judge knows the tricks - will tell the Atty not to get his (notice Admin I didn't say her) drawers in an uproar!

At worst give you a stern look and admonishment - If you have sent them again correctly.

Then calmly quote this:

"[w]e note that the ultimate purpose of discovery is to seek the truth, so that disputes may be decided by what the facts reveal, not by what facts are concealed. Jampole v. Touchy, 673 S.W.2d 569, 573 (Tex. 1984).”

Edited September 30, 2010 by FL4answer58

[ADSOFT]

I object to all of the Interrogatories, but how would I handle the request for ten original signatures on a blank sheet of paper?

You also object to having an account with CAP ONE which is the OC?

[ADSOFT]

The next letter I was copied on to the judge regarding a motion for summary judgement with copies of my answers and interrogatories attached.

How should I respond?

Thanks much!

What does this mean? ... that they are filing/filed a Motion for Summary Judgment.

[FL4answer58]

What does this mean? ... that they are filing/filed a Motion for Summary Judgment.

MSJ - I think ... no way will judge allow!

[ADSOFT]

MSJ - I think ... no way will judge allow!

I agree, if it were me I would dispute the amount since plaintiff has not itemized bill. Also since contract has not been produced no attorney's fees.

However, IMHO, it's pretty hard to say you have not had an account with CapOne since they are the OC. How would you get around that one?

[Warfarin]

I answered each of the Answers with the below

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.

I felt that each question was basically leading me to admit to amounts I have no idea that I charged

I objected to each interrogatory.

I answered each in kind.

Object as not calculated to lead to discoverable evidence. Further, Plaintiff has provided absolutely no admissible evidence that they own the alleged debt.

Basically, I was not going to admit to anything because I have no proof of the amounts and/or charges on alleged credit card.

When I send my interrogatories, should I copy the judge on them?

I am definitely writing the judge a letter explaining my answers and interrogatories

[ADSOFT]

Are you being sued by the OC or CA or JDB?

[numedic98]

Google your court rules to make sure you are using or following the correct format. I'm not sure I would start sending the Judge any letters... Anyway, BOA/Portfolio Recovery Assoc is suing me currently, and they tried the same thing, however, the judge denied the MSJ and set a conference date. So, my suggestion is to check your court rules for your state, review your answers, and if there are any mistakes, re-submit them (normally they don't get copied to the court), they just go to the attorney's, but make sure it is sent on time and certified. Also checkout the Defendant's Package on this website, great info.

[Warfarin]

The OC. When they sent the suit, there was nothing but a unsigned credit card agreement with a monthly bill statement attached. Nothing itemized.

It's aggravating because I was never contacted with any type of settlement or list of supposed charges from their attorney or Crapital.

[ADSOFT]

The OC. When they sent the suit, there was nothing but a unsigned credit card agreement with a monthly bill statement attached. Nothing itemized.

It's aggravating because I was never contacted with any type of settlement or list of supposed charges from their attorney or Crapital.

You can always ask for proof and you will have your chance.

I'm no expert but just because they didn't produce all statments in the summons doesn't mean they can't produce them or that you didn't have the account.

It's going to be pretty hard for the judge to buy it's not your account, when all the judge/lawyer has to do is ask did you compile the charges on this statement. They don't have to have a signed contract since just by using the card you agree to the terms, sort of like the agreement when you install software, however in credit cards it's called unjust enrichment.

Now, MAYBE you might get away with saying you don't have a obligation to pay untill they produce a statements and or a contract that states by using the card you are obligated to pay: on most states all you have to do is use the card.

Of course, they can't get an MSJ on you, if they do it will pretty easy to slap it down, so in that case I would wait for the motion to compel or the MSJ.

I would start working on YOUR discovery questions. At the least you should ask for:

1) Statements of all transactions

2) Items they feel you are obligated to pay

3) How they came up with total they are suing for

4) A contract.

5) Witnesses they plan to use.

They may actually have all that since they are the OC at that point you might be obligated to settle, but like others have said, make sure they have all that stuff.

[Warfarin]

I'm sending my interrogatories tomorrow.

How would you slap down an MSJ?

[ADSOFT]

I'm sending my interrogatories tomorrow.

How would you slap down an MSJ?

First you have see what they argue on the MSJ. Right off the bat the have to show how the charges add up, so they have to produce statements, that should be enough to kill it. BUT EDUCATE YOURSELF on defending and MSJ, it's not as hard as it sounds. They got a long way to go to get an MSJ, and if you file discovery before the MSJ you have more leverage.

I don't know much about civil procedure,but I do know contract law. If I was a judge and you denied that you had an account with an OC and they produced statements, with proof that you made some payments, you better have a good answer as to why you said you didn't have an account. .... but I'm not a judge and don't have much court experience, so I don't know for sure. But if I was some kind of arbitrator and the plaintiff produced statement with your name and proof you made payments, ... it wouldn't be good for the defendent. but like I said, knowing how to write contracts, and being a judge in a breach of contract case, are two different things.

File some discovery and see what they got, protect yourself.

Don't be afraid to ask questions.

[Warfarin]

The MSJ filed states that my answers were not in the form mandated by Rules of Civil Procedure and therefore insufficient. Furthermore, the Defendant has either objected to or failed to provide a response without sufficient reason.

[Warfarin]

Should I wait on the MSJ from the judge since it was filed? I feel like I need to explain myself to the judge why I answered the way I did with the interrogatories and answers since the Plaintiff provided no itemized lists of chargles.

[ADSOFT]

Should I wait on the MSJ from the judge since it was filed? I feel like I need to explain myself to the judge why I answered the way I did with the interrogatories and answers since the Plaintiff provided no itemized lists of chargles.

I think you have to respond to the MSJ. The is a section on top of THIS section which has sample docs. There are examples of how to defend an MSJ.

Is there a motion to compel in your state?

[Massive]

I've had enough Check PM!!!!!!!!!!!!!!!!!!!!!!!!!!!!