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sreupert

Need Help ASAP - Not Respondid & Court next week

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I need help responding to Special Interrogatories. I have some replies but looking for advice. My court date is next Tuesday so I need a reply fast, as it will still fall in the 30 days response time:

Interrogatories

1. List your full legal name, date of birth, and the last four digits of your ss#.

Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence.

2. Please list all addresses at which you've resided and or received mail between Nov 15, 2006 and the present date, including the dates applicable to each address.

Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence.

3. If your responces to any of the Requests to Admit were anything other than unqualified admissions, set forth factual and or legal basis/bases for setting forth such a response.

HELP!

4. If you believe that anyone other than yourself is liable for this debt, whether in whole or in part, state the name and address for each person you believe is wholly or jointly responsible.

Objection - Defendant has already denied knowledge of the account and would therefore have no such facts.

5. List all banks which you had depository accounts between Nov 15, 2006 and May, 2008 including the name of the bank and the address of the branch at which you primarily conducted your banking transactions or activities.

Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence.

6. List all bank accounts from which funds were drawn to pay your bills, including but not limited to credit card accounts, between nov 15, 2006 and may 2008. This request includes all bank accounts regardless of whether your name was listed on the account.

Objection - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissable evidence.

7. Please provide the following information relevant to any billing disputes communicated by you or an authorized representative to First USA, Chase Bank, Visa, Midland Funding LLC, and or any other third-party regarding the account:

a. to whom the dispute was communicated and or directed

b. list all parties involved in the communication

c. the dates of the communication

d. the method of communication

e. the substance of the dispute.

HELP!

8. if your responce to Request to Admit No. 11 was anything other than an unqualified admission, please state the following

a. date on which you believe you last submitted a payment on the account

b. the amount

c method

d. address submitted to.

HELP!

9. Specify in detail any and all steps you took to review the validity of this debt and/or whether or not this is your credit card account balance

HELP!

10. State in detail any and all steps you took to contact Midland Funding LLC to discuss this debt.

HELP!

11 Describe in detail any and all records you reviewed and or persons with whom you communicated to review tha validity of this debt and/or whether or not this is your credit card account balance.

HELP!

12. If you acknowledge having this credit card account, but your dispute is limited to the balance, please state what you believe the balance was at the time you stopped making paymets.

Objection - Defendant has already denied knowledge of the account and would therefore have no such facts.

13. If you dispute any of the info attached as exhibit A itemize those .....

Objection - Defendant has already denied knowledge of the account and would therefore have no such facts.

14. if your responce to # 4 was anything a=other than unqualified admission ..blah

HELP!

15. Identify any and all documents turned over by the plaintiff for which you dispute the authenticity of said dacuments, and provide the following information for each document in which you dispute the authenticity:

a. basis for contention..

b. step youhave taken to determine the authenticity

c. identify winesses...

d. identify evidence

Defendant objects to this Special Interrogatory on the ground 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. Defendant also objects on the ground that the interrogatory and complaint are vague in that they do not describe the alleged debt and any agreement giving rise to the alleged debt in sufficient detail to permit defendant to respond. Defendant has asked the Plaintiff to provide proof of the account and any agreement but plaintiff has not yet responded. Defendant reserves the right to supplement his answer to this interrogatory in the event such information is provided

16. Set forth in detail any and all facts upon which your counterclaim(s) are based

HELP!

I have a claim(s) against the plaintiff and demand judgment against the plaintiff for

$1,000 on each of the following violations, per occurance, plus interest, costs, attorney fees, if any, and such other relief as the court deems proper.

1.Acting as both the “Purchaser” and ‘Assignee’. FDCPA Gearing v. Check Brokerage Corp 233 F.3d 469 (7th Cir. 2000)

2.Trying to “Re-Age” this account in hopes of keeping the negative information on my credit report longer.FCRA Section 605 © Running of the reporting period

3.Failure to validate the debt while continuing to pursue collection. FDCPA Section 809(B)

4.Failure to validate the debt while continuing to report it to the credit bureaus. FDCPA Section 809(B)

Midland Credit Management received multiple request for VALIDATION of the account with specific requests that had been mearly ignored. Letters were sent 3/18/11, 4/6/11 & were received by Midland Credit Management on 3/21/11, 4/8/11. VALIDATION was not supplied in accordinance with The Wisconsin Consumer Act, under Wis. Stat. § 425.109(2)

17. specify in detail all legal and factual bases upon which you allege that the plaintiff tried to "re-age" this account.

HELP! (I had noticed dates on my credit report only)

18. Specify in detail all legal and factual bases upon which you allege that the plaintiff failed to validate the debt, thereby entitling you to damages.

HELP! (I received a letter stating they hadn't nor needed to validate the debt because they weren't the OR)

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