I received notice of motion for unresponsive answers to interrogatories

[K-FE]

Hi,

I just received a notice of motion from Pressler and Pressler (New Century Financial Services) for more responsive interrogatories. Mind you, they provided vague answers to the one's I sent and completely ignored my request for documents (is this something I can push them to give me?). I followed that up with a letter to Pressler and Pressler telling them that their interrogatories were unresponsive and that they needed to resubmitt (I did not do this through a motion, just a letter I sent via Certified Mail. Is this ok??) So when I answered theirs, I was also vague but mainly because it seemed that they wanted me to come up with the evidence to prove their case!!!! And also to admit that this debt is mine. (Supposidly they bought this debt from HSBC and the amount I am being sued for is $1475.) All I have received to date are their vague answers and a bill of sale. I submitted affirmative defenses with my answer, I requested documents to be produced (such as actual credit card contract, original account agreement that states interest rate, grace period, finance charges etc..etc..) And now I have received their motion for more responsive interrogatories. Trial date is scheduled for April 25th. Can I file a motion to dismiss for failure to state a claim? I live in NJ so is a bill of sale all they would need to provide in court? Do they have to provide a signed document? I'm trying to see on what grounds I could file a motion to dismiss and possibly win. There is no way (I think) that I should have to provide more details and or documentation for them when they have provided nothing to me!! They are the one's sueing me so I know that the burden of proof is on them. But how should I now answer the below? Again, can I/should I file a motion to strike their answers?

HELP!! (and sorry for such a long email)

Below is how I answered their interrogatories: (looking back I know they were too wordy but I'm thinking I answered them appropriately??)

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 involved in any actions and or conversations.

RESPONSE: Interrogatory No.1 is objected by the defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by Plaintiff. Defendant is yet to receive the contract alleged through Discovery and demands strict proof thereof and therefore has no facts to provide at this time.

Without waiving her objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.

2. Attach copies of all writing, documents or any other records which relate to the asaid account or in any way support any defenses or claims including but not limited to correspondence, contracts, agreements, notices, monthly statements, applications and any letters sent to or received in connection with the subject account.

RESPONSE: Interrogatory No.2 is objected to by the Defendant on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession custody or control of the Defendant. The Plaintiff claims to be the Assignee of the alleged account therefore Plaintiff should have records or documents in Plaintiff’s own files. The Plaintiff did not attach a copy of the alleged contract to the complaint, thus the probity of the requested information is speculative. The Defendant has sought the contract alleged through discovery and demands strict proof thereof. The Defendant to the best of her knowledge has nothing in her possession to provide.

3. Attach any documentation evidencing defendant’s mailing address(es) between 12/22/06 to 3/31/10 which should include but is not limited to copies of energy or water bills, telephone bills, lease(s) and or deed(s)/mortgages and drivers license. If said documentation is not in the possession of the defendant please list each address at which the defendant received mail during the time period requested.

RESPONSE: Defendant objects to providing any documentation as requested in Interrogatory No.3 on the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

Defendeant lists: (I put my current address here) as a mailing address for the time period of 12/22/06-3/31/10.

[Dr. Evil]

Hi,

I just received a notice of motion from Pressler and Pressler (New Century Financial Services) for more responsive interrogatories. Mind you, they provided vague answers to the one's I sent and completely ignored my request for documents (is this something I can push them to give me?). I followed that up with a letter to Pressler and Pressler telling them that their interrogatories were unresponsive and that they needed to resubmitt (I did not do this through a motion, just a letter I sent via Certified Mail. Is this ok??) So when I answered theirs, I was also vague but mainly because it seemed that they wanted me to come up with the evidence to prove their case!!!! And also to admit that this debt is mine. (Supposidly they bought this debt from HSBC and the amount I am being sued for is $1475.) All I have received to date are their vague answers and a bill of sale. I submitted affirmative defenses with my answer, I requested documents to be produced (such as actual credit card contract, original account agreement that states interest rate, grace period, finance charges etc..etc..) And now I have received their motion for more responsive interrogatories. Trial date is scheduled for April 25th. Can I file a motion to dismiss for failure to state a claim? I live in NJ so is a bill of sale all they would need to provide in court? Do they have to provide a signed document? I'm trying to see on what grounds I could file a motion to dismiss and possibly win. There is no way (I think) that I should have to provide more details and or documentation for them when they have provided nothing to me!! They are the one's sueing me so I know that the burden of proof is on them. But how should I now answer the below? Again, can I/should I file a motion to strike their answers?

HELP!! (and sorry for such a long email)

Below is how I answered their interrogatories: (looking back I know they were too wordy but I'm thinking I answered them appropriately??)

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 involved in any actions and or conversations.

RESPONSE: Interrogatory No.1 is objected by the defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by Plaintiff. Defendant is yet to receive the contract alleged through Discovery and demands strict proof thereof and therefore has no facts to provide at this time.

Without waiving her objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.

2. Attach copies of all writing, documents or any other records which relate to the asaid account or in any way support any defenses or claims including but not limited to correspondence, contracts, agreements, notices, monthly statements, applications and any letters sent to or received in connection with the subject account.

RESPONSE: Interrogatory No.2 is objected to by the Defendant on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession custody or control of the Defendant. The Plaintiff claims to be the Assignee of the alleged account therefore Plaintiff should have records or documents in Plaintiff’s own files. The Plaintiff did not attach a copy of the alleged contract to the complaint, thus the probity of the requested information is speculative. The Defendant has sought the contract alleged through discovery and demands strict proof thereof. The Defendant to the best of her knowledge has nothing in her possession to provide.

3. Attach any documentation evidencing defendant’s mailing address(es) between 12/22/06 to 3/31/10 which should include but is not limited to copies of energy or water bills, telephone bills, lease(s) and or deed(s)/mortgages and drivers license. If said documentation is not in the possession of the defendant please list each address at which the defendant received mail during the time period requested.

RESPONSE: Defendant objects to providing any documentation as requested in Interrogatory No.3 on the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

Defendeant lists: (I put my current address here) as a mailing address for the time period of 12/22/06-3/31/10.

That motion sounds about right.

[K-FE]

Thanks for your response Dr Evil. How should I answer then? If I answer with what my defenses are, isn't that admitting that I owe this debt? If you can please elaborate. Or if someone can please provide more help?

Thanks

[VADebtor]

So why not file a motion for their unresponsive response to discovery, they've provided you the proper form / format.

[Recovering Attorney]

You need to cross-move for relief.

[legaleagle]

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 involved in any actions and or conversations.

You said you listed affirmative defenses. Your answer contradicts that. This is the problem with defenses, you are required to prove them. They can ask you how. Same for answer number two. If you assert a defense and then basically say you have no basis for it because you didn't complete discovery yet, they can have it stricken. There was no need to object to number three if you listed the address as requested.

As for theirs, file a motion to compel if they did not respond. Are you in special civil or superior? The rules are different somewhat. The time frames are shorter and you are limited to the number or rogs you can send. If you sent too many, (think it's five) they don't have to answer.

[NJdefendant]

I deal with pressler now in nj they are very aggressive...read these forums! if it weren't for these forums and the help of legal eagle I would have quit by now... they filed summary judgment so I am currently dealing with that ..I had a problem with my affirmative answer I did something very stupid I almost admitted to the debt and I am now trying to amend my answer and fix that....letters are flying all over with objections and stuff...I don't know how long I can take this pressure......It's taking so much time from my family..it's all I do it's unreal...but I would say fight them for sure...good luck to you!