donqII Posted October 21, 2010 Report Share Posted October 21, 2010 Need ideas of how to answer interrogatories.The palintiff kicked back the affirmative defenses that were used with the answers to the complaint.Obviously I can not objest to this... How do i answer?Here are a couple of examples.My defense12. PLAINTIFF'S CLAIMS ARE BASED ON A CONTRACT THAT IS ILLUSORY AND THEREFORE UNENFORCEABLE. Plaintiff brought suit arising from a claim of an alleged debt that may have been based on a contract alleged to by the Original Creditor. As Plaintiff claims to have bought said account from Original Creditor, and Plaintiff claims all assignments and rights, alleged said contract, which has not been offered into evidence, if it even exists, is false, misleading, unreal and deceptive.Their interrogatory...With respect to the twelfth affirmative defense set forth in the defendants reponsive pleadings, set forth the factual basis behind the allegations contained therein, including names, addresses, dates, times and places.ORMy affirmative defense15. FDCPA Plaintiffs' attorney violated the act by failing to verify a purported debt, when requested in writing by the Defendant. This violation constitutes a denial of due process depriving the Court of subject matter jurisdiction. Therefore there is no evidence that the purported debt is bona fide. Their interrogatoryWith respect tio the fifteenth affirmative defense set forth in the defendants responsive pleadings, set forth the factual basis behind the allegatuions contained therein, including names, addresses, dates times and places.I need ideas on how to handle these types of questions.Thanks. Link to comment Share on other sites More sharing options...
DCusr Posted October 21, 2010 Report Share Posted October 21, 2010 I am guessing they are trying to get you to present something to try to "snag" you and/or do the background work for them. For the first one, if they didn't present a contract how is in not illusory? Not sure about the debt validation, but how can you bring evidence of that which they have no evidence of? Can they prove they validated the debt? I have seen where people state in the answers they are "demanding strict proof thereof". Has there been a request for docs? Link to comment Share on other sites More sharing options...
BV80 Posted October 21, 2010 Report Share Posted October 21, 2010 A couple of questions:Plaintiff brought suit arising from a claim of an alleged debt that may have been based on a contract alleged to by the Original Creditor. In the Complaint, did the Plaintiff state that you had a contract with the Original Creditor?Plaintiffs' attorney violated the act by failing to verify a purported debt, when requested in writing by the Defendant.Did you send a DV letter, and did they fail to respond? Did you send it CMRRR? Link to comment Share on other sites More sharing options...
Massive Posted October 21, 2010 Report Share Posted October 21, 2010 Defendant objects to Plaintiff's Interrogatory no. ?? on the basis that it is vague, overly broad and not reasonably calculated to lead to discoverable evidence. Further, Plaintiff has provided no admissible evidence that they own any alleged debt. Subject to and without waiving the foregoing objection, this request is denied. Link to comment Share on other sites More sharing options...
BV80 Posted October 21, 2010 Report Share Posted October 21, 2010 Further, Plaintiff has provided no admissible evidence that they own any alleged debt. Subject to and without waiving the foregoing objection, this request is denied. Oh, I like that one. Link to comment Share on other sites More sharing options...
Massive Posted October 21, 2010 Report Share Posted October 21, 2010 Oh, I like that one. The Junk Debt Buyer doesn't like it. They can't prove they own the debt so they try to get you to do it for them. Heck, Original Creditors can't prove they own the debt either so don't help them!! lol Link to comment Share on other sites More sharing options...
donqII Posted October 21, 2010 Author Report Share Posted October 21, 2010 Defendant objects to Plaintiff's Interrogatory no. ?? on the basis that it is vague, overly broad and not reasonably calculated to lead to discoverable evidence. Further, Plaintiff has provided no admissible evidence that they own any alleged debt. Subject to and without waiving the foregoing objection, this request is denied.Thank you Massive..... Thank you all.This is a wonderful learning board for everyone. Link to comment Share on other sites More sharing options...
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