jenawade

Help with Interrogatories

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I entered some answers for the Admissions section based on searches here, but I'm struggling with these particular Interrogatories:

Requests for Admissions

1. Please admit that you requested Plaintiff’s predecessor to open a credit card account in your name.

Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using this card.

2. Please admit that Plaintiff’s predecessor opened a credit card account in your name.

Defendant has already denied recollection of this card and therefore this question is improper.

3. Please admit that you made purchases and/or obtained cash advances by using your card, account number and/or any account access checks.

Defendant has already denied recollection of this card and therefore this question is improper.

4. Please admit that you agreed to pay Plaintiff’s predecessor all amounts due resulting from the use of your credit card account including any finance charges and other charges due under the terms of the agreement.

Defendant has already denied recollection of this card and therefore this question is improper.

5. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statement of account, invoice or other request for payment showing all transactions billed to your account during the billing period.

Denied. Defendant has no recollection of receiving any statements for this account, nor has proof of the delivery been provided.

6. Please admit that you never objected, in writing or otherwise, to any of the bills, statements of account or invoices you received.

Defendant has already denied recollection of this card and therefore this question is improper.

7. Please admit that you made payments towards your account balance.

Defendant has already denied recollection of this card and therefore this question is improper.

8. Please admit that there was an outstanding balance remaining on your account when you made your last payment.

Defendant has already denied recollection of this card and therefore this question is improper.

9. Please admit that you owe Plaintiff the sum of $1,794.69 plus court costs and interest.

Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by

Interrogatories

1. Please identify the person(s) answering these Interrogatories.

2. Please identify each and every person that has assisted you in responding to these Interrogatories.

3. Separately, for each of your answers to Requests for Admission 1 through 9 above where your answer is anything other than an unqualified admit, please:

a. State each fact known to you upon which you rely to support your denial or qualified answer;

b. If your response if that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request;

c. Identify each document known to you which you believe contains information relevant to your answer; and

d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the information you believe is known to them with respect to your answer.

4. If you filed affirmative defenses to Plaintiff’s Complaint, separately for each defense, please:

a. State the factual basis that supports your defense;

b. Identify each document known to you which you believe contains information relevant to your defense; and

c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense.

5. Have you ever requested Plaintiff’s predecessor to open a credit card account in your name? If so, please state the credit card account number(s).

6. Are you aware of any credit card accounts with Plaintiff’s predecessor opened in your name? If so, please state the credit card account number(s).

7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff’s predecessor? If so, please state the credit card account number(s) and the date(s) or the purchase or cash advance.

8. Has Plaintiff’s predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral.

9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent?

10. If you keep records or purchases or payments with respect to your credit card account with Plaintiff’s predecessor, do these records show a balance owing on the account? If so, what is the balance?

11. Is there any portion of Plaintiff’s claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do not owe the rest of Plaintiff’s claim.

12. If you claim that the account on which Plaintiff is suing is inaccurate, specify each inaccuracy and any facts that support your conclusion that the account is inaccurate.

Requests for Production of Documents

1. All documents identified in your answers to the Interrogatories above.

2. All documents you relied on when filing you Answer, Affidavit and/or Affirmative Defenses to Plaintiff’s Complaint.

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