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answering Initial disclosure


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This is a JDB that is sueing me. And this is what they sent me and I need all the help I can get.

First lets start with Inital Disclosure.

This disclosure statement is based on information currently available and may

not represent the entirety of the Plaintiff's factual basis or legal defenses

relied on during the pendency of this action. Plaintiff researves the right to

supplement and/or amend this disclosure statement as further investigation

and discovery continues.

1. FACUTAL BASIS FOR CLAIM

The claim of JDB asserted in this action is grounded on the following

factual basis:

OC extened credit to Def. Def's debt is subject to the terms of the

agreement in which Def entered into. Pursuant to the agreement, Def failed

to make the required payments. OC mailed/sent regualr billing statements to

Def in relation to this credit. Def failed to dispute the charges as required in

the terms of the agreement. Upon default OC sold and assigned all of its

rights to the account to Plaintiff. Pursuant to the terms of the agreement,

the Def must pay the Plaintiff an amount reasonably sufficient to reimburse

the Plaintiff its attorney's fees and court cost in collecting on this action.

2. LEGAL THEORIES UPON WHIC CLAIM IS BASED

The claim of JDB asserted in this action is grounded on the legal theory of

open account/account stated and/or contract (express or implied).

3. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY WITNESSES

EXPECTED TO BE CALLED BY PLAINTIFF AT TRIAL

1. Custodian of records. The name of the witness will be disclosed prior

to trial. The custodian of records will testify as to the accuaracy of the

business records pertaining to Def's account, including but not limited to the

accounts's outstanding balance, the payment history of the account, and

the buisness practices regarding billing.

2. Any and all witnesses revealed to Plaintiff through further discovery.

3. Any and all witnesses listed or utilized by Def.

4. NAMES AND ADDRESSES OF ALL PERSONS BELIEVED TO HAVE

KNOWLEDGE OF RELEVANT INFORMATION

See above. Plaintiff supplement prior to trial if necessary.

5. NAMES AND ADDRESSES OF ALL PERSONS WHO HAVE GIVEN

STATEMENT EITHER IN WIRTTEN OR RECOREDED, SIGNED OR USIGNED AND

THE CUSTODIAN OF THE COPIES OF THOSES STATEMENTS

None known at this time. Plaintiff will supplement prior to trial if necessary.

6. NAMES AND ADDRESSES OF EACH PERSON EXPECTED TO BE CALLED

AS AN EXPERT WITNESS AT TRIAL

None known at this time. Plaintiff will supplement prior to trial if necessary.

7. COMPUTATION OR MEASURE OF DAMAGES

Pursuant to the VERIFIED Complaint, Def owes the principal balance of

XXXXX plus accruing interest, court costs and attorney's fees.

8. DESCRIPTION OF EVIDENCE OR RELEVANT DOCUMENTS PLANNED TO

BE USED IN TRIAL

Plaintiff anticipates utilizing the following Exhibits at trial, assuming

the are available. Plaintiff will supplement as other Exhibits become

available. Plaintiff's Exhibits include, but are not limited to the following.

Copies of the checked itmes are attached to this Disclosure Statement.

A. Defendant's billing statement(s)

B. Application/agreement for credit

C. Payment examples/history

D. Bill of sale/affidavit of assignement

E. Plaintiff's affidavit

F. Terms and conditions

G. Any and all correspondence between Plaintiff and the Def relevant to this action

H. Any and all responses to Uniform and/or Non-Uniform Interrogatories of ay party and attachments thereto

I. Any and all Exhibits revealed to Plaintiff through further Discovery

J Any and all Exhibits listed or utilized by Def

As to those documents or categories of documents not being produced

herewith, they shall be made available for inspection and copying on such

date and time as the parties may mutually agree to.

9. INSURANCE AGREEMENT(S) RELEVANT TO THIS ACTION

None known at this time. Plaintiff will supplement prior to trial if

necessary.

There was NO Exhibits attached to this. I.m no sure if I answer this initial disc or do I send them mine? I found this info but does it work for my answers.

1. FACUTAL BASIS FOR CLAIM: The defenses asserted in this action by the Defendant are grounded in the Plaintiff has failed to state a claim upon which relief can be granted. In addition Plaintiff has not produced a valid original contract between two parties containing the Defendant’s signature and a competent fact witness (ARS 44-101 [statute of Frauds]). Likewise Plaintiff has not maintained a valid chain of assignment pursuant to ARS 44-1031.

Therefore there exists no factual or contractual basis for the Plaintiff’s claim.

2. LEGAL THEORIES UPON WHIC CLAIM IS BASED: The defenses asserted in this action by Defendant are grounded in the legal theories of contracts, statute of frauds, unjust enrichment, a lack of privity and an invalid chain of assignment.

3. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY WITNESSES

EXPECTED TO BE CALLED BY PLAINTIFF AT TRIAL: Defendant is not aware of other persons who may be knowledgeable of relevant facts at this time. Defendant will supplement prior to trial if necessary.

4. NAMES AND ADDRESSES OF ALL PERSONS BELIEVED TO HAVE KNOWLEDGE OF RELEVANT INFORMATION: Defendant does not believe electronically stored information or documents exist that are reasonably calculated to lead to the discovery of admissible evidence. Defendant will supplement prior to trial if necessary.

5. NAMES AND ADDRESSES OF ALL PERSONS WHO HAVE GIVEN STATEMENT EITHER IN WIRTTEN OR RECOREDED, SIGNED OR USIGNED AND THE CUSTODIAN OF THE COPIES OF THOSES STATEMENTS: Defendant is not aware of other persons who may be knowledgeable of relevant facts at this time. Defendant will supplement prior to trial if necessary.

6. NAMES AND ADDRESSES OF EACH PERSON EXPECTED TO BE CALLED AS AN EXPERT WITNESS AT TRIAL: Defendant is not aware of other persons who may be knowledgeable of relevant facts at this time. Defendant will supplement prior to trial if necessary.

7.COMPUTATION OR MEASURE OF DAMAGES: Defendant alleges that Plaintiff has suffered zero damages on the basis of the nonexistence of a valid contract between the parties and the theory of unjust enrichment.

8.DESCRIPTION OF EVIDENCE OR RELEVANT DOCUMENTS PLANNED TO BE USED IN TRIAL: Not sure how to answer

9.INSURANCE AGREEMENT(S) RELEVANT TO THIS ACTION: Not sure how to answer

Edited by 12o'clocksomewhere
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There was NO Exhibits attached to this. I.m no sure if I answer this initial disc or do I send them mine?

I have ZERO experience with this since we don't have these initial disclosures here in MI (at least not yet). However with a little googling it looks like you do need to send the plaintiff your own initial disclosure. I don't THINK you need to answer the one they sent you' date=' but I'm pretty sure you need to send your own to the plaintiff. I found this:

NITIAL DISCLOSURE STATEMENT

Forty (40) days from the date the Defendant files his/her/its Answer each party must file an Initial Disclosure Statement with the other parties. The Initial Disclosure Statement itself is not filed with the court, but a notice that the Initial Disclosure Statement has been sent to the other parties is filed with the court. The Initial Disclosure Statement must contain information on all the categories as detailed in Arizona Rules of Civil Procedure 26.1. Basically, the Initial Disclosure Statement contains the factual and legal basis for any claim in the case and the documents and witnesses each party has to support the party’s position. In Arizona, the idea is that each party should know precisely what the other party’s arguments, theories and evidence is prior to trial. In short, there are no surprises at trial like there are on lawyer television shows. Parties have a continuing duty to disclose information to each other as it becomes available.

source:http://www.thompsonlawgroup.com/arizona/DisputeResolution/FilingaLawsuit.aspx

I'd check your rules of civil procedure. It likely explains it all.

As for how to format your initial disclosure statement, as with most things for a pro se the easiest way to get started is to simply look at the one the plaintiff sent you and flip it to apply to your defense.

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