Discovery to Plaintiff

[sskains]

Hello everyone,

Please take a look at my Request for Admissions, Interrogatories and Request of Production of Documents to PLAINTIFF below and offer any feedback. If you can think of better ways to word or more things to add or remove, please let me know!

Thanks in advance!

REQUEST FOR ADMISSION NUMBER ONE

Admit or deny that Plaintiff is a debt collector under the definition of the FDCPA.

INTERROGATORY NUMBER ONE

If REQUEST FOR ADMISSION NUMBER ONE is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER ONE.

REQUEST FOR ADMISSION NUMBER TWO

Admit or deny that Plaintiff regularly purchases portfolios of multiple defaulted debts.

INTERROGATORY NUMBER TWO

If REQUEST FOR ADMISSION NUMBER TWO is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER TWO.

REQUEST FOR ADMISSION NUMBER THREE

Admit or deny that Plaintiff regularly purchases portfolios of defaulted debts for a small percentage of the original balances.

INTERROGATORY NUMBER THREE

If REQUEST FOR ADMISSION NUMBER THREE is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER THREE.

REQUEST FOR ADMISSION NUMBER FOUR

Admit or deny that Plaintiff is not the original creditor of the alleged debt.

INTERROGATORY NUMBER FOUR

If REQUEST FOR ADMISSION NUMBER FOUR is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER FOUR.

REQUEST FOR ADMISSION NUMBER FIVE

Admit or deny that the Defendant has never applied for a an account with the Plaintiff.

INTERROGATORY NUMBER FIVE

If REQUEST FOR ADMISSION NUMBER FIVE is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER FIVE.

REQUEST FOR ADMISSION NUMBER SIX

Admit or deny that the Defendant has never had a business relationship with the Plaintiff.

INTERROGATORY NUMBER SIX

If REQUEST FOR ADMISSION NUMBER SIX is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER SIX.

REQUEST FOR ADMISSION NUMBER SEVEN

Admit or deny that the alleged debt was NOT purchased directly from the Original Creditor, Bank of America.

INTERROGATORY NUMBER SEVEN

If REQUEST FOR ADMISSION NUMBER SEVEN is denied, state all facts known to the Plaintiff, directly or indirectly, which the Plaintiff contends to be the basis for the denial of REQUEST FOR ADMISSION NUMBER SEVEN.

INTERROGATORY NUMBER EIGHT

Identify the person(s) answering these interrogatories. . Include their business address, business phone number and title within the Plaintiff's organization.

INTERROGATORY NUMBER NINE

Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of each testimony, giving a brief description thereof for each person you may call as a witness in this case.

INTERROGATORY NUMBER TEN

State your full name, business purpose (e.g. Creditor, Lender, Collection Agency, etc.), and your form of business organization (e.g. Corporation, Partnership, Sole Proprietorship, etc.).

INTERROGATORY NUMBER ELEVEN

Identify the persons or entities, which are the creditor regarding the debt, which you have attempted to collect from the Defendant. Identify all documents related or relevant to your contractual agreement with the Defendant.

INTERROGATORY NUMBER TWELVE

State any person who has had contact or communication on your behalf with said persons or entities regarding Defendant or Defendant's purported debt. State where, how, when and with whom said contact or communication occurred in detail and with particularity the substance thereof.

INTERROGATORY NUMBER THIRTEEN

Describe each action taken, the nature, contents and subject matter of each discussion or conversation held, and the time, place and date of each such action or conversation; and identify all documents relevant, related to of reflecting said involvement of each person.

INTERROGATORY NUMBER FOURTEEN

Describe all collection activities which you were authorized to perform by the creditor and identify the terms of the agreement between the creditor and you pursuant to which you sought to collect on this account.

INTERROGATORY NUMBER FIFTEEN

To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from the Defendant, or to any debt(s) purportedly owed by Defendant to you or the underlying creditor.

INTERROGATORY NUMBER SIXTEEN

Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your answer whether any documents or things relating to any information requested in the interrogatories, or related in any way to this lawsuit have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when, and why each document was destroyed or otherwise left your control. Also state the identity of each person who participated in any way in the destruction and/or action for destroying the document or transferring it out of your control or custody; and if any document still exists, identify the person now having control or custody of the document.

INTERROGATORY NUMBER SEVENTEEN

State all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay Plaintiff.

INTERROGATORY NUMBER EIGHTEEN

Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration, entered into a contract promising to pay Plaintiff.

DOCUMENTS TO BE PRODUCED

1. The alleged credit application from Account Number ##### bearing the Defendant’s signature.

2. The alleged credit agreement from Account Number ##### that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from Account Number ##### that demonstrate how the alleged amount of 15,000 was calculated;

4. A contract, agreement, assignment or other means demonstrating that Dirty Debt Buyer, had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number ##### .

5. Letter(s) sent to Defendant by Dirty Debt Buyer., demonstrating an attempt to collect on the alleged debt, Account Number ##### .

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that Plaintiff believes establish that Plaintiff had an outstanding account or debt related to Account Number ##### .

8. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt;

9. Any and all written communication, received by the Plaintiff and/or Plaintiff’s Attorney from the Defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff and/or Plaintiff’s Attorney accessing of Defendant’s Credit Report(s).

10. Any and all communications from the Plaintiff and/or Plaintiff’s Attorney explaining why Plaintiff and/or Plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining Defendant’s Credit Report(s);

11. Any and all credit report(s) Plaintiff and/or Plaintiff’s Attorney obtained from any credit reporting agency concerning the defendant;

12. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collection debts, that relate to the defendant and/or Account Number ####.

13. The Plaintiff’s Articles of Incorporation;

14. All documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in the Plaintiff’s Petition, including letters and correspondence.

15. Produce copies of all documents in your possession relevant to the proceedings herein.

16. Designate all documents you plan to introduce at any trial, hearing or arbitration of this matter and attach all originals of those exhibits.

17. Produce copies of all documents showing how the Plaintiff obtained the amount of the debt purportedly owed. Also provide copies showing the amount of interest charged, any fees, and how the Plaintiff reached its final amount that it claims the Defendant owes Plaintiff.

18. Produce copies of all documents that support that the Defendant owes Plaintiff contractual lawyer fees and court costs; also show an itemized list of each item and it's cost.

19. Produce copies of any and all documents in the form of an itemized list showing each charge on the account Plaintiff asserts as well as the date and place of each charge on the said credit account.

Edited November 19, 2010 by sskains

[BV80]

Just a few things I noticed:

Make sure you can include admissions and interrogatories together in the format you posted. In my state, Requests for Admissions and Requests for Interrogatories are 2 separate documents. Your state's Rules for Civil Procedure should give you that information.

If they are supposed to be separate documents, you could state:

"If denied, provide an explanation as to the reason for the denial."

INTERROGATORY NUMBER ELEVEN

Identify the persons or entities, which are the creditor regarding the debt, which you have attempted to collect from the Defendant.

That doesn't make sense to me. Take out the phrase "which are the creditor regarding the debt". You're left with "Identify the persons or entities which you have attempted to collect from the Defendant." They're attempting to collect persons?

Did you intend to say "Identify the persons or entities, which are the creditor regarding the debt, WHO have attempted to collect from the Defendant.", meaning that you want them to name each person within their company who attempted to collect the debt from you?

If that's the case, then #12 is redundant. Keep #12. #11 should simply be

"Identify all documents related or relevant to your contractual agreement with the Defendant."

The point is eliminate redundancy. You must remember that if this goes to trial, and a judge looks at your documents, you don't want to irritate him. Redundant or superfluous requests might do just that.

[daybyday]

You beat this in 2008, right? You'll probably get objections to most all you have requested.

Does your state allow Motion for Summary Judgment? Research MSJ. Depending on your court rules, you can use the request for admissions in your Uncontroverted Facts where they cannot object, only admit or deny (with documentation). It may also produce a quick dismissal or judgment in your favor.

*

[sskains]

BV80,

You're correct, I did this as a rough draft and haven't read over it. I plan to get rid of number 11 as you suggested.

Daybyday, yes I did defeat the previous JDB in 2008. I'm unfamiliar with using uncontroberted facts.. Do you have an example on how I would do this. I studied thru the O.C.G.A laws earlier, breifly, but didn't find anything yet. Can you give me more information? Thanks!