Help with interrogations Crap1 credit case

[immortalrebirthsolid]

I recieved this from cap1 attorneys and i'm confused if to respond and what to respond. Please help

Interrogatories

they attached a statement showing acct number name address and balance. The attached the card agreement. The balance does not match the amount they are asking for i'm not sure what to use to counter that.

1. State personal identifying info. fullname , SSN DOB address etc

2. State name of each person answering and who have provided assistance in answering case

3. state all books, records, papers and other documents searched and or viewed in conjuction with answering this recovery requests

4. state whether or not you have been conviccted of any felony

5. for each and every residence that you have maintained in the past 10 yrs

6. state basis for defense you have raised against plaintiffs claims in this action. provide specific facts or law that support position etc

7. state name and contact of any witness

8. state name and contact of any person who has provided any assistance in any way to defend this action

9. if you dispute the account balance state the amount you believe you owe and how you calculated the amount

10. for each payment you made on account provide date of payment amount paid and manner

11. state name of any financial institution that has within the past 10 yrs on which a co-signer or signer was authorized

12. for each of the requests for admission that you did not admit state your objection and basis.

Affirmative defenses:

AFFIRMATIVE DEFENSES

1 LLC has not proven that they are authorized and licensed to collect claims for others in the State of Idaho, or solicit the right to collect or receive payment of a claim of another.

2. LLC has not proven that they were retained by Capital One Bank (USA), N.A. as it’s representative in this matter.

3. LLC has not proven that Capital One Bank (USA), N.A. is the real party in interest. Defense demands proof of ownership, specifically that the alleged account is still the legal property of Capital One Bank (USA), N.A. with all of the original creditor’s rights and privileges intact.

4.The Plaintiff has failed to provide any contract or agreement bearing the signature of the Defendant, nor any itemized statements or billing of said debts.

5. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

6.LLC has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account.

7. Defendant alleges that Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

8. Plaintiff’s alleged damages are limited to real or actual damages only.

9. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

10. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive.

I will show my requests for documents and admission but i don't want them to be able to find me here so i prefer to use PM's Thanks for any help on answering.

[FL4answer58]

Is this a debt buyer or Crap one?

OK I see...Crap 1

I was sent summons by JM LLC plaintiffs atorney. Plantiff is cap1.

Now i have a letter from the plaintiffs attorney with interrogatories,request for admission, request for production of documents, exhibits with credit card statment and agreement contract.

My questions are:

1. What do i do about the interrogatories and what not that the attorney is asking?

2. Is it too late to file motion to compel arbitration? if not how do i go about doing that?

3. do i wait for scheduled hearing to bring up arbitration or do i file, send letter to attorney and still attend hearing?

4. If i'm heading for arbitration do i still need to respond to the interrogatorie?

Really appreciate anyone who can help me. I hope trueq(How can i PM this guru) can contribute too because he seems to know alot about this.

Thanks

Edited October 10, 2010 by FL4answer58

[RebelLady]

From Idaho's RCPs:

Rule 33(a). Interrogatories to parties - Availability - Procedures for use.

(1) Use of Interrogatories. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

(2) Answers to Interrogatories. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections may be signed by the attorney making them. The party upon whom the interrogatories have been served shall serve the original of the answers, and objections if any, within 30 days after the service of the interrogatories. The court may allow a shorter or longer time. The answers shall first set forth each interrogatory asked, followed by the answer or response of the party. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer any interrogatory.

(Amended March 17, 2006, effective July 1, 2006.)

(3) Number of Interrogatories. No party shall serve upon any other single party to an action more than forty (40) interrogatories, in which sub-parts of interrogatories shall count as separate interrogatories, without first obtaining a stipulation of such party to additional interrogatories or obtaining an order of the court upon a showing of good cause granting leave to serve a specific number of additional interrogatories.

(4) Not Filed with Court. The interrogatories and the response thereto shall not be filed with the court. The propounding party shall retain both the original of the interrogatories and the original of the answers with the original proof of service affixed thereto, and the original of the sworn response until one (1) year after final disposition of the action. At that time, both originals may be destroyed, unless the court on motion of any party and for good cause shown orders that the originals be preserved for a longer period.

(5) Notice of Serving. The party serving either an interrogatory or a response thereto, shall file with the court a notice of when the interrogatory or response was served and upon whom.

(Amended December 27, 1979, effective July 1, 1980; amended March

30, 1988, effective July 1, 1988; amended February 26, 1997,

effective July 1, 1997.)

Rule 33(. Scope - Use of interrogatories at trial or on motions.

(1) Interrogatories may relate to any matters which can be inquired into under Rule 26(, and the answers may be used to the extent permitted by the Idaho Rules of Evidence.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time.

(2) If interrogatories and responses thereto are to be used at trial or are to be used either in support of, or in opposition to, a pretrial or post-trial motion, only those portions to be used shall be submitted to the court at the outset of the trial or at the filing of the motion or response thereto insofar as their use can be reasonably anticipated by the party seeking to introduce such evidence. For purposes of this rule, and unless a genuine issue of authenticity is raised a moving party need not produce portions of the original interrogatories and responses thereto, but may rely on the submission of copies of the relevant original interrogatories and responses.

(3) Interrogatories and responses thereto which have been submitted to the court pursuant to this Rule shall be returned to appropriate counsel after final disposition of the case.

(Amended March 20, 1985, effective July 1, 1985; amended March 30,

1988, effective July 1, 1988.)

Rule 33©. Option to produce records .

Where the answer to an interrogatory may be derived or ascertained from the business or other records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business or other records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.

(Amended March 17, 2006, effective July 1, 2006.)

RL

[immortalrebirthsolid]

Thanks. I feel certain things such a SSN etc is intrusion of privacy. DO i need to repl the interrogatories about that? is there some reason i can use to object?

From Idaho's RCPs:

Rule 33(a). Interrogatories to parties - Availability - Procedures for use.

(1) Use of Interrogatories. Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

(2) Answers to Interrogatories. Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The answers are to be signed by the person making them, and the objections may be signed by the attorney making them. The party upon whom the interrogatories have been served shall serve the original of the answers, and objections if any, within 30 days after the service of the interrogatories. The court may allow a shorter or longer time. The answers shall first set forth each interrogatory asked, followed by the answer or response of the party. The party submitting the interrogatories may move for an order under Rule 37(a) with respect to any objection to or other failure to answer any interrogatory.

(Amended March 17, 2006, effective July 1, 2006.)

(3) Number of Interrogatories. No party shall serve upon any other single party to an action more than forty (40) interrogatories, in which sub-parts of interrogatories shall count as separate interrogatories, without first obtaining a stipulation of such party to additional interrogatories or obtaining an order of the court upon a showing of good cause granting leave to serve a specific number of additional interrogatories.

(4) Not Filed with Court. The interrogatories and the response thereto shall not be filed with the court. The propounding party shall retain both the original of the interrogatories and the original of the answers with the original proof of service affixed thereto, and the original of the sworn response until one (1) year after final disposition of the action. At that time, both originals may be destroyed, unless the court on motion of any party and for good cause shown orders that the originals be preserved for a longer period.

(5) Notice of Serving. The party serving either an interrogatory or a response thereto, shall file with the court a notice of when the interrogatory or response was served and upon whom.

(Amended December 27, 1979, effective July 1, 1980; amended March

30, 1988, effective July 1, 1988; amended February 26, 1997,

effective July 1, 1997.)

Rule 33(. Scope - Use of interrogatories at trial or on motions.

(1) Interrogatories may relate to any matters which can be inquired into under Rule 26(, and the answers may be used to the extent permitted by the Idaho Rules of Evidence.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pre-trial conference or other later time.

(2) If interrogatories and responses thereto are to be used at trial or are to be used either in support of, or in opposition to, a pretrial or post-trial motion, only those portions to be used shall be submitted to the court at the outset of the trial or at the filing of the motion or response thereto insofar as their use can be reasonably anticipated by the party seeking to introduce such evidence. For purposes of this rule, and unless a genuine issue of authenticity is raised a moving party need not produce portions of the original interrogatories and responses thereto, but may rely on the submission of copies of the relevant original interrogatories and responses.

(3) Interrogatories and responses thereto which have been submitted to the court pursuant to this Rule shall be returned to appropriate counsel after final disposition of the case.

(Amended March 20, 1985, effective July 1, 1985; amended March 30,

1988, effective July 1, 1988.)

Rule 33©. Option to produce records .

Where the answer to an interrogatory may be derived or ascertained from the business or other records, including electronically stored information, of the party upon whom the interrogatory has been served or from an examination, audit or inspection of such business or other records, or from a compilation, abstract or summary based thereon, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit or inspect such records and to make copies, compilations, abstracts or summaries.

(Amended March 17, 2006, effective July 1, 2006.)

RL