Please Help!! Midland Civil Action Interrogatories

[trayshon9775]

I am new at this an I am contemplating getting a lawyer's help (even though I can't afford one) since I am completely ignorant in how to fight this.

I just don't want to cut and paste because it may not apply to my states laws. I've read them and have the links and I am still at a loss, I'm just very overwhelmed with this.

How Do I Answer These Questions?

1 Set Forth With Specificity All Facts In Support Of Each Defense And/or Claim Which The Defendant Has In The Above-entitled Matter Including Dates Places Names And Addresses Of Persons Present Or Involved In Any Actions And/or Conversations.

2. Attach Copies Of All Writings Documents Or Any Other Records Which Relate To Said Account Or In Amy Way Support Any Contracts Agreements Notices Monthly Statements Applications And Any Letters Sent To Or Received In Connection With The Subject Account

3.attach Any Documentation Evidencein Defendant's Mailing Address (es) Between 6/14/06-2/15/08 Which Should Include But Is Not Limited To Copies Of Energy Or Water Bills Telephone Bills Lease And Or Deed Mortgage And Dl Number If Said Documentation Is Not In The Possession Of The Defendat Pls List Each Address At Which The Defendant Received Mail During The Time Period Requested.

Any help you can provide is appreciated.

[admin]

1 Set Forth With Specificity All Facts In Support Of Each Defense And/or Claim Which The Defendant Has In The Above-entitled Matter Including Dates Places Names And Addresses Of Persons Present Or Involved In Any Actions And/or Conversations.

I'd relist your affirmative defenses

2. Attach Copies Of All Writings Documents Or Any Other Records Which Relate To Said Account Or In Amy Way Support Any Contracts Agreements Notices Monthly Statements Applications And Any Letters Sent To Or Received In Connection With The Subject Account

Other than your request for a DV (If you sent one before being sued - don't send one now), say you do not have any documentation in your possession.

3.attach Any Documentation Evidencein Defendant's Mailing Address (es) Between 6/14/06-2/15/08 Which Should Include But Is Not Limited To Copies Of Energy Or Water Bills Telephone Bills Lease And Or Deed Mortgage And Dl Number If Said Documentation Is Not In The Possession Of The Defendat Pls List Each Address At Which The Defendant Received Mail During The Time Period Requested.

I don't see a problem with this - send them a current copy of a utility bill. Say you don't have copies of any other addresses.

[lheart]

I agree with the Admin.

1. Do not give them anymore information than repeat the affirmative defenses. And object to supplying "all facts", since discovery is still taking place.

2. Give them what they have given you recently. DV letters and such. If you have a contract that you think works better for you, or if they did not include a contract and you want to include one, send it and state how you acquired it. ie OC website, etc.

3. List your addresses and object to supplying any utility bills as, "vague, ambiguous, overbroad, burdensome, oppressive, not likely to lead to admissible evidence"

And remember this is not legal advise, just the ramblings of an internet poster::idea2::

[trayshon9775]

Thank you both for your help!

[Chapel Hill]

The law firm billed their client, the plaintiff for producing the Rogs you just asked about. Well guess what. If you force them to respond to your first set of interrogatories that will cost the plaintiff as well. Keep in mind that every time you engage the other side thru their trial counsel it costs them money. Run up their legal bills enough and they may kick the case. Of course the very best way to do this is to file a cross.

[Downto0]

1. Do not give them anymore information than repeat the affirmative defenses. And object to supplying "all facts", since discovery is still taking place.

I'm going to be the odd man out here and say to be careful about purposely withholding Discovery elements that you currently have and will produce at any upcoming hearing or trial.

What's the harm in giving what you are going to use in court anyway? The judge may see it as obstinance...that you demand that he/she be present to resolve the matter when things very well could have been taken care of long before the issue was thrown in his/her lap.

I'd say to make your case to the Plaintiff now. Explain the foundation of your affirmative defenses, send a copy of whatever documentation you have, and, as Chapil Hill said, send them a set of questions in return.

If you come forward with your case and the Plaintiff hedges on their answers then you will have put yourself in a position as one who is willing to get the issue resolved while the Plaintiff is playing games.

Give them what they want, because you're going to have to do it anyway, and fire back with your own set of questions...and don't forget to send for Request for Admissions. These things are deadly if the Plaintiff does not answer within the prescribed time.

There's always that chance that the Plaintiff will realize, upon receipt of your answer, that you have a strong defense and they may dismiss their case.

[trayshon9775]

Thanks everyone for the responses.

I received the following Supplemental Interrogatories from Pressler and Pressler today and they asked one question:

1. If you admit that the subject account went into default for non-payment, please state what balance was due at the time of your default and the circumstances of same. If you do not recall an exact number, please approximate to the best of your ability.

I tried looking for an answer on this site and others but I couldn't find anything. I never admitted to default on the account. How should I answer this?

[lheart]

Answer by saying I do not admit that the subject account is mine.

They are trying to trick you into admitting the account is yours. It like the old question "when did you stop beating your wife?" the only correct answer is "I never started"

[admin]

1. If you admit that the subject account went into default for non-payment, please state what balance was due at the time of your default and the circumstances of same. If you do not recall an exact number, please approximate to the best of your ability.

What proof did they give you that the account went into default? If none, state that you did not see any proof this is the case and object to the question as it calls for guesswork on your part.

[trayshon9775]

Thanks for the response.

I received another response from Pressler.

The attorney said that I didn't answer interrogatory 3. It asked for copies of utility bills which I didn't have and if I didn't have in my possession to list the addresses for the dates listed on the interrogatories. I gave them a current copy of the utility but didn't list the addresses. Should I just list the address for the specified date range? I will have to answer this anyway right?