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I'm an being sued by Midland I received their set of interrogatories and answered them and sent them my own set of interrogatories. They sent me a Notice of Motion for More Responsive Answers to Interrogatories. I'm not sure how to answer their motion any help would be greatly appreciated. Also reading through other treads a lot of people are talking about statue of limitation the debt I am being sued for was when I was a resident of Florida the SOL for Florida is 4 years for open-ended accounts. Midland said that the account was charged off on January 8, 2007. I currently live in New Jersey would the SOL for the lawsuit be for New Jersey or Florida.

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It all depends on what your answer to their question(s) were on how to respond. Not a lot of help we can give without knowing what they asked and how you responed.

Can you put some of the questions and answers in this thread. You can change names and the amounts as long as it does not change the meaning of the question.

Edited by Coltfan1972
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Here are their questions and the responses I gave them. Thank you for any help.

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: 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.

2. Attach copies of all writing, documents or any other records which relate to said 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.

3. Attach any documentation evidencing defendant’s mailing address(es) between 03/03/06 to 01/08/07 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.

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Let me guess. Are the attorneys P&P by any chance? I am asking because those are the same interrogatories that they send for all Special Civil cases where the amount is under $3,000.

What did they send with the complaint? What I have found is when they want to go after you for more specific answers to the interrogatories, it generally means that they don't have anything, and want you to submit something to prove their case.

In NJ they are allowed 5 interrogatories, so why 3? Because they are going for the default and don't want to waste their time or money coming up with 2 more questions.

Edited by Moments1
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http://www.judiciary.state.nj.us/prose/10556_response_to_a_motion_kit.pdf

This will explain how to respond. I assume you are in Superior Court. This is a form you fill out, you'll see it in the link, very easy.

You might give the reason as such:

Defendant has made objections to the interrogatories propounded by the plaintiff. Plaintiff now requests a further explanation of information defendant does not have. Information concerning names, addresses, and correspondence between defendant and plaintiff is assumedly already known to plaintiff through its business records. The request is therefore burdensome, oppressive, and beyond the bounds of permissible discovery. Additionally, defendant will be seeking this same information from the plaintiff, who presumably brought the instant action based upon the business records it now seeks to have defendant produce.

After this, send some interrogatories to them requesting the same stuff they want from you. Bet they don't have it or can't even get any of it. That means they can't make their case.

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They win by intimidation. Did they send you a letter politely asking you to provide better answers to the interrogatories and you did not, or did they just file a motion?

How many interrogatories did you send, and did they answer yours? If you sent more than five, they will not answer them. If the amount of the suit is less than $3,000 and you are in Special Civil Part, it follows the rules of Small Claims Court, even though it was filed in Special Civil. That is why you have not received a request to produce documents or Request for Admissions. If they attempt to submit any documents at trial, they must have a live witness to authenticate them. No affadavits are allowed. Use this to your advantage.

Provide the better answers within the time frame on the motion if it is a formal motion to compel better answers filed with the court. If it is just a letter from P&P, don't panic. Just kindly send the better answers to them in the time frame requested.

I don't think that they have jack, or they would not be so desperate for you to answer their 3 questions.

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