Please Help Me Answer These Interrogatories Plaintiff Has Sent Me

[eperkins153]

interrogatory no 6: if you deny owing the balance plaintiff claims due from you in its complaint please state:

a. your basis of denial;

b. the amount you admit owing to the plaintiff and the calculation you have used.

interrogatory no 7: did you respond in the negative to any part or portion of plaintiff's request for admissions herein? if so, as to each negative response, set forth fully each and every fact on which you rely in support of your respond based on your personal knowledge and experience the above matter and all records that you have material thereto.

request for admissions

1 plaintiff is a banking association existing under the laws of the united states

--can I put without knowledge?

2 answered myself

3 that defendant entered into a contract under the terms of which a credit card was issued to the defendant by plaintiff and that defendant was extended credit by plaintiff

4 that defendant did purchase goods and/or services on credit granted by the plaintiff

5 that defendant did obtain cash advances on credit granted by the plaintiff representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.

6 that there is a balance of 877.81 past due and owing to the plaintiff representing both the charges and or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.

7 that plaintiff is entitled to interest accruing at the rate of ($.31 per diem)

8 that due demand has been made by the plaintiff upon the defendant more than ninety days (90) prior to the filing of plaintiffs original complaint.

10 that the defendant has no affirmative defenses to plaintiffs complaint

11 that defendant admits all allegations contained in plaintiffs complaint

12 if you deny request no 10 set forth all affirmative defenses in detail.

--Can I put without knowledge to 3, 4, 5, 6, and 7 since no contract or anything was attached to the complaint ?

Any that anyone on here knows the best response to would be appreciated.

Edited October 28, 2011 by eperkins153

[Scientific]

Here is something you can start with...

interrogatory no 6: if you deny owing the balance plaintiff claims due from you in its complaint please state:

a. your basis of denial; Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any finance charges claimed by Plaintiff. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt (use this if you've sent discovery and they didn't respond) and plaintiff has not yet sufficiently responded to defendant's discovery seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED.

b. the amount you admit owing to the plaintiff and the calculation you have used.

interrogatory no 7: did you respond in the negative to any part or portion of plaintiff's request for admissions herein? if so, as to each negative response, set forth fully each and every fact on which you rely in support of your respond based on your personal knowledge and experience the above matter and all records that you have material thereto.

I would use similar language above...plaintiff has failed to supply information needed for a response, etc.

request for admissions

1 plaintiff is a banking association existing under the laws of the united states

--can I put without knowledge? Defendant is not familiar with plaintiff and whether they are considered a banking association under the laws of the united states, therefore, denied

2 answered myself

3 that defendant entered into a contract under the terms of which a credit card was issued to the defendant by plaintiff and that defendant was extended credit by plaintiff

Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet supplied the contract in the alleged complaint. Based upon the foregoing, defendant responds as follows: DENIED.

4 that defendant did purchase goods and/or services on credit granted by the plaintiff

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

5 that defendant did obtain cash advances on credit granted by the plaintiff representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.

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

6 that there is a balance of 877.81 past due and owing to the plaintiff representing both the charges and or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.

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

7 that plaintiff is entitled to interest accruing at the rate of ($.31 per diem)

Defendant has not seen a contract spelling out any finance charges claimed by Plaintiff. Based upon the foregoing, defendant responds as follows: DENIED.

8 that due demand has been made by the plaintiff upon the defendant more than ninety days (90) prior to the filing of plaintiffs original complaint.

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

10 that the defendant has no affirmative defenses to plaintiffs complaint

Denied. Defendant's affirmative defenses are listed in the Answer to Plaintiff's Complaint.

11 that defendant admits all allegations contained in plaintiffs complaint

Denied.

12 if you deny request no 10 set forth all affirmative defenses in detail.

Defendant's affirmative defenses are listed in the Answer to Plaintiff's Complaint...or you can just list them here

[eperkins153]

Here is something you can start with...

interrogatory no 6: if you deny owing the balance plaintiff claims due from you in its complaint please state:

a. your basis of denial; Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any finance charges claimed by Plaintiff. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt (use this if you've sent discovery and they didn't respond) and plaintiff has not yet sufficiently responded to defendant's discovery seeking such factual information. Based upon the foregoing, defendant responds as follows: DENIED.

b. the amount you admit owing to the plaintiff and the calculation you have used.

interrogatory no 7: did you respond in the negative to any part or portion of plaintiff's request for admissions herein? if so, as to each negative response, set forth fully each and every fact on which you rely in support of your respond based on your personal knowledge and experience the above matter and all records that you have material thereto.

I would use similar language above...plaintiff has failed to supply information needed for a response, etc.

request for admissions

1 plaintiff is a banking association existing under the laws of the united states

--can I put without knowledge? Defendant is not familiar with plaintiff and whether they are considered a banking association under the laws of the united states, therefore, denied

2 answered myself

3 that defendant entered into a contract under the terms of which a credit card was issued to the defendant by plaintiff and that defendant was extended credit by plaintiff

Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and plaintiff has not yet supplied the contract in the alleged complaint. Based upon the foregoing, defendant responds as follows: DENIED.

4 that defendant did purchase goods and/or services on credit granted by the plaintiff

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

5 that defendant did obtain cash advances on credit granted by the plaintiff representing both the charges and/or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.

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

6 that there is a balance of 877.81 past due and owing to the plaintiff representing both the charges and or advances made by defendant against the credit granted by the plaintiff and other charges and fees as allowed by the contract.

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

7 that plaintiff is entitled to interest accruing at the rate of ($.31 per diem)

Defendant has not seen a contract spelling out any finance charges claimed by Plaintiff. Based upon the foregoing, defendant responds as follows: DENIED.

8 that due demand has been made by the plaintiff upon the defendant more than ninety days (90) prior to the filing of plaintiffs original complaint.

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

10 that the defendant has no affirmative defenses to plaintiffs complaint

Denied. Defendant's affirmative defenses are listed in the Answer to Plaintiff's Complaint.

11 that defendant admits all allegations contained in plaintiffs complaint

Denied.

12 if you deny request no 10 set forth all affirmative defenses in detail.

Defendant's affirmative defenses are listed in the Answer to Plaintiff's Complaint...or you can just list them here

Thank You!

this really helps me alot I appreciate it