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Sample interrogatories to JDB/Plaintiff (Georgia)?


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Hi folks -

Looking for sample interrogatories to send to the junk debt buyer who had the gall to sue my beloved hubs. I've perused the forum stickies and saw a few ideas, but saw a lot pertaining to verification of affidavits, which doesn't apply in Georgia.

Georgia only allows 50 interrogatories, so the ones I send must work overtime, so to speak. The JDB (who is also the attorney, so I am anticipating a lot of "attorney-client privilege" responses) is the last in a long list of assignees with the original creditor being your basic large conglomerate bank.

We haven't received discovery requests from them yet or I would know enough from what they're asking to formulate my own questions.

If I haven't provided enough info, please feel free to ask. I greatly appreciate not only this forum, but every single participant who took the time to help someone in my shoes.

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Hi folks -

Looking for sample interrogatories to send to the junk debt buyer who had the gall to sue my beloved hubs. I've perused the forum stickies and saw a few ideas, but saw a lot pertaining to verification of affidavits, which doesn't apply in Georgia.

Georgia only allows 50 interrogatories, so the ones I send must work overtime, so to speak. The JDB (who is also the attorney, so I am anticipating a lot of "attorney-client privilege" responses) is the last in a long list of assignees with the original creditor being your basic large conglomerate bank.

We haven't received discovery requests from them yet or I would know enough from what they're asking to formulate my own questions.

If I haven't provided enough info, please feel free to ask. I greatly appreciate not only this forum, but every single participant who took the time to help someone in my shoes.

Is this in Magistrate Court? Superior? Discovery is not allowed in GA Magistrate Court.

Also, make sure the Plaintiff is a JDB and not the OC.

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http://www.creditinfocenter.com/forums/there-lawyer-house/308184-request-admissions.html I used some of these from BV80. He, Linda7, Coltfan1972 were very, very helpful in my trip through this mary-go-round.

http://www.creditinfocenter.com/forums/there-lawyer-house/308608-need-some-advice-what-do-next-got-answers-today-midland.html My Doc. request and interrogatories.

Here are some things to look at concerning privilege, that I found along the way during my searching.

Georgia federal courts have consistently held that a party withholding Discovery on account of an alleged privilege must provide a privilege log. See Wood v.Archbold Medical Center, No. 7:07-CV-109, 2009 WL 3063392, at *1-2 (M.D. Ga. Sept. 17, 2009. Counsel for a party claiming a privilege bears the burden of proving that specific matters are indeed not discoverable. O.C.G.A. § 9-11-26, Fed. R. Civ. P. 26; See Munn v. Munn, 116 Ga. App. 297 (1967). A claim of privilege without evidence sustaining that claim is meaningless under the law. See Williams v. Taser Intern, Inc., 2008 WL 192991 (N. D. Ga. 2008) accordingly, a party who withholds information based on a claim of work-product or attorney client privilege must identify via a privilege log. Failure to provide a privilege log along with the discovery responses will constitute waiver of any purported privilege. In Georgia Cash Am., Inc. v. Strong, 286 Ga. App. 405, 412-13, 649 S.E.2d 548, 555 (2007). “The party claiming privilege must prove its claims regarding specific documents, beginning with an adequate privilege log”.

Good luck.

Did you get anything else with the summons? Account Statements of Affidavits? As BV80 said what Court is this in?

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Is this in Magistrate Court? Superior? Discovery is not allowed in GA Magistrate Court.

Also, make sure the Plaintiff is a JDB and not the OC.

The suit was brought in Superior Court in a county where mediation is court-ordered.

There are multiple plaintiffs: the original creditor, then a host of junk debt buyers who designate themselves as subrogees or assignees.

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I used some of these from BV80. He, Linda7, Coltfan1972 were very, very helpful in my trip through this mary-go-round.

<link omitted>

Here are some things to look at concerning privilege, that I found along the way during my searching.

Georgia federal courts have consistently held that a party withholding Discovery on account of an alleged privilege must provide a privilege log. See Wood v.Archbold Medical Center, No. 7:07-CV-109, 2009 WL 3063392, at *1-2 (M.D. Ga. Sept. 17, 2009. Counsel for a party claiming a privilege bears the burden of proving that specific matters are indeed not discoverable. O.C.G.A. § 9-11-26, Fed. R. Civ. P. 26; See Munn v. Munn, 116 Ga. App. 297 (1967). A claim of privilege without evidence sustaining that claim is meaningless under the law. See Williams v. Taser Intern, Inc., 2008 WL 192991 (N. D. Ga. 2008) accordingly, a party who withholds information based on a claim of work-product or attorney client privilege must identify via a privilege log. Failure to provide a privilege log along with the discovery responses will constitute waiver of any purported privilege. In Georgia Cash Am., Inc. v. Strong, 286 Ga. App. 405, 412-13, 649 S.E.2d 548, 555 (2007). “The party claiming privilege must prove its claims regarding specific documents, beginning with an adequate privilege log”.

Good luck.

Did you get anything else with the summons? Account Statements of Affidavits? As BV80 said what Court is this in?

help4me, thank you for your post. I read over these and they will be very helpful in preparing our argument. As you can imagine, I am loath to disclose a lot of detail until this matter has come to a close, but I will share that a large part of my argument will hinge on the subrogee/assignee aspect thanks to recent caselaw and my interpretation of the courts' definition of a subrogee/assignee.

We received a summons and complaint only. As you probably know, it doesn't take much to file a complaint in Georgia, and supporting documentation isn't necessary. I imagine the JDB/attorney is used to doing as little as possible other than file complaints and motions for default judgment. He'll have to work a little harder in this case, since we filed a timely answer and jury trial demand.

I'm familiar with privilege logs. They are almost never produced in discovery, but if they try that sort of tactic, I would certainly reference that in a Rule 6.4 letter before filing a motion to compel, so I thank you for the caselaw citation.

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The suit was brought in Superior Court in a county where mediation is court-ordered.

There are multiple plaintiffs: the original creditor, then a host of junk debt buyers who designate themselves as subrogees or assignees.

Check your credit report. If the OC is reporting, check their TL for "charged off" and "sold/transferred". If they've sold the account, they can't be a Plaintiff.

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Check your credit report. If the OC is reporting, check their TL for "charged off" and "sold/transferred". If they've sold the account, they can't be a Plaintiff.

Couldn't agree with you more, but as far as the court's concerned, they are a plaintiff. But trust me, I intend to ask for proof of all of this during discovery.

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Couldn't agree with you more, but as far as the court's concerned, they are a plaintiff. But trust me, I intend to ask for proof of all of this during discovery.

That's one of the reasons for checking their entry on your credit report. If they've only charged off the account and have not sold it, then they are a Plaintiff, and the CAs were merely collecting for them.

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