indiana law question

[global251]

Does anyone here know if, when answering interrogatories, admissions, and production of documents in Indiana, whether or not you have to file answers with the court when sending them back to attorney.

Thank You

[BV80]

Does anyone here know if, when answering interrogatories, admissions, and production of documents in Indiana, whether or not you have to file answers with the court when sending them back to attorney.

Thank You

Check the Rules of Civil Produre for the court in which your being sued. In my state, answers to discovery requests are not filed with the court. Normally, you just send the answers directly to the attorney. I would send them CMRRR (certified mail, return receipt requested). I would also write up a Certificate of Service signed by you stating that you sent the answers on (date) by certified mail. Be sure to make a couple of extra copies of the answers and the Certificate for yourself.

[global251]

Thanks BV80

How do you start the answers to interrogatories, admissions, and production of documents.

The only thing I have seen is after the court info header you start out with

Defendant's Response to Plaintiff's Interrogatories:

but.....

should it be..........

DEFENDANT'S RESPONSE TO PLAINTIFF'S INTERROGATORIES, ADMISSIONS, AND PRODUCTION OF DOCUMENTS

or...............

possibly something else.

Thanks

[legaleagle]

Indiana Rules of Trial Procedure

Here are the rules that apply to interrogatories. (ROGs) The rules look the same as my state. The easist way to answer ROGs is to contact the opposing attorney and ask him to agree to exchange any pleadings in pdf form by email. That means you can just insert the answers without typing a copy of his document. (You'll need Adobe) Most attorneys will do this for you, as it makes their job easier as well. Do NOT answer these before you post them here. Round off numbers, redact names.

[global251]

Can I just copy and paste the plaintiff's definitions and instructions for discovery and then use it for mine when sending my discovery to plaintiff?

Thanks

[legaleagle]

You can, but it is a waste of paper and ink. When I do mine, I just use this disclaimer: "These Interrogatories may be responded to according to the rules of civil procedure as set forth in the Connecticut Practice Book Section 13-6 et seq., concerning discovery." (You use your rule number) This obviates any objections an attorney may make concerning instructions. How can they object to what the rules dictate? Again, I warn you, post them here first before sending them to avoid mistakes that will come back to haunt you.

[global251]

STATE OF INDIANA ) IN THE XXXXX COUNTY SUPERIOR COURT

) SS:

XXXX COUNTY, INDIANA CAUSE NO. XXXXXXXXXXXXXX

Citibank, N.A. )

Successor To Citibank (South Dakota), ).

xxxxxxxxxx )

xxxxxxxx )

)

Plaintiff ) DEFENDANT'S FIRST DISCOVERY

)

Vs. ) NOTICE:

) Contains Request For Admissions

xxxxx )

xxxxx )

xxxxxxxxx )

)

Defendant )

The Defendant requests the following discovery of the Plaintiff, pursuant to Indiana Trial Rules 26, 33, 34, and 36 of the Indiana Rules of Trial Procedure. Plaintiff is directed to serve its verified answers, and to produce the requested documents in conformance with the above-cited rules, on or before thirty (30) days from the date certified below, to the Defendant's Residence xxxxxxxxxxxxxxxxxxxxxx. In the event you become aware of or acquire in your possession, custody or control, of additional responsive documents, you are asked promptly to produce such additional documents for inspection and copying.

INSTRUCTIONS AND DEFINITIONS

1. Pursuant to Rule 36, Failure to serve a written answer or objection to each admission contained herein within thirty days of service will result in admission of the following requests. Any admission for which no response is noted in the space provided for a response shall be deemed admitted.

2. The answer to each admission shall specifically deny the matter or set forth in detail the reasons why the Plaintiff cannot truthfully admit or deny the matter. Plaintiff may not give lack of information or knowledge as a reason for failure to admit or deny unless the Plaintiff states that a reasonable inquiry has been made.

3. If Plaintiff is aware of any documents that have been lost, destroyed, or in the possession of someone else, identify the documents and describe how the documents were lost/destroyed and/or who has them.

INTERROGATORY NO. 1

In regards to the contract or agreement alleged in this action, please state the following:

1. Terms of the Contract or Agreement:

2. Credit Limit Amount Financed in the Alleged Contract or Agreement:

3. Date and Monetary value of any valuable consideration received on the contract or agreement:

4. Date and Monetary value of any payments or credits alleged to be executed on the contract or

agreement:

ANSWER:

INTERROGATORY NO. 2

Please provide the following information for each person who has had any involvement in any manner

in any efforts on your behalf to collect or attempt to collect any debt (s) purportedly owing by

Defendant.

1. His/Her Position

2. His/Her work address, telephone numbers

3. Nature and purpose of his/her involvement.

ANSWER:

INTERROGATORY NO. 3

Describe Plaintiff’s procedure and policy with respect to the Maintenance, preservation,

and destruction of documents, stating in your Answer whether any documents or things relating to any

information Requested in these interrogatories, or related in any way to this lawsuit, have ever been

destroyed or are no longer in your custody. For each such document, please identify the document,

how, when and why each document was destroyed or otherwise left your control, the identity of any

person who participated in any way in the destruction and/or action for destroying the document or to

transfer it out of your control or custody; and if the document still exists, identify the person now

having control or custody of the document.

ANSWER:

INTERROGATORY NO. 4

What document states in writing in support of your Complaint that the Defendant is indebted to pay the

Plaintiff and when was this agreed statement in writing entered into?

ANSWER:

INTERROGATORY NO. 5

On what date did the defendant become indebted to the plaintiff for $$$$$$$$$?

ANSWER:

INTERROGATORY NO. 6

What is the date that the defendant allegedly defaulted on the original account?

ANSWER:

INTERROGATORY NO. 7

What credit card purchases and/or cash advances were made on this account? When where they made?

ANSWER:

INTERROGATORY NO. 8

Please identify and describe each exhibit you will use in the trial of Cause No. xxxxxxxxxxxxxx

ANSWER:

INTERROGATORY NO. 9

State fully, completely and at length the factual basis of each defense which you now assert or intend to

assert in this action.

ANSWER:

INTERROGATORY NO. 10

As to each defense set out in response to Interrogatory Nine (9), above, state the following as to

notification to Defendant of such defenses; (a) the date or dates when notification was given; ( the

manner in which notification was given; and © the specific party or parties to whom notification was

given.

ANSWER:

INTERROGATORY NO. 11

Do you have the Actual Contract between the Defendant and Citibank N.A.?

ANSWER:

INTERROGATORY NO. 12

Do you have the original signed application.

ANSWER:

REQUEST FOR ADMISSION NO. 1

Admit Citibank N.A. loaned it's own money to defendant.

ANSWER:

REQUEST FOR ADMISSION NO. 2

Admit Citibank N.A. loaned it's own depositor's money to defendant.

ANSWER:

.REQUEST FOR ADMISSION NO. 3

Admit Citibank N.A. endorsed credit card application and deposited credits into a transaction account using defendant's name.

ANSWER:

DOCUMENTS TO BE PRODUCED

1. Please provide the actual credit card contract upon which your Complaint is based on.

2. Please evidence proof of the Defendant’s alleged debt to Plaintiff, including specifically the alleged

contract, between the plaintiff and defendant or any other instrument constructed solely for the purpose

of creating a loan agreement between the Plaintiff and Defendant bearing Defendants signature and/or

Please Produce the contract that legally requires the Defendant to pay the amount entered into

complaint.

3. Please provide the original or copy of the account agreement that states interest rate, grace period,

finance charge, assignment, and specifically the State Laws that the agreement and account are

governed plus other important facts.

4. Please provide copies of the amount paid and/or the consideration due for the alleged contract/

account.

5. Please Provide an Itemized account of all transactions mentioned in Interrogatory Number Seven (7).

6. Please evidence authorization of Plaintiff to do business, create loans, issue or extend credit, collect

debts and/or operate in the State where the Plaintiff conducts their business.

7. Please evidence authorization of Plaintiff & Attorney to do business, create loans, issue or extend

credit, collect debts and/or operate as a financial business in the State of Indiana.

8. Please provide proof that Plaintiff loaned it's own money or it's depositor's money to defendant.

9. Please attach any and all notices sent to Defendant by Plaintiff in regards to this account demanding

payment.

10. Please attach copies of all statements generated while this alleged account was open with Plaintiff.

11. Please attach a complete and accurate history of the interest charged on this alleged account with

Plaintiff. Show the exact dates those interest rates changed and list the various rates that were charged

during the this debt and the exact method of amortization.

12. Please attach any and all notices sent to Defendant by Plaintiff announcing changes in interest, fees

or penalties and/or the terms of this alleged debt.

13. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported defendant’sdebt and the dates of each such report.

14. Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing

transfer and/or assignment of credit card account from plaintiff to any collection agency or collection

attorney.

15. Please attach a copy of the agreement with Plaintiff that grants xxxxxxxxxxx, IN#xxxxxxx

Attorney(s) the authority to collect this alleged debt.

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing was mailed on the 3rd day of November 2011 to:

xxxxxxxxxxxx, IN#xxxxxx

Attorney for Plaintiff

xxxxxxxxxxxxxx

xxxxxxxxxxxxxx

xxxxxxxxxxxxxx

______________________

Defendant

[legaleagle]

You can send this if you want, but you'll just get a bunch of objections. Most of it is improperly structured and goes into areas that do not apply. Citi is a national bank, they don't need to be licensed in Indiana, etc. I was more concerned with YOUR answers to THEIR discovery.

[global251]

My main concern is to make them work.

Below are my answers, and thanks leagleeagle

INTERROGATORY NO. 1:

State your name, Social Security number, address, phone number and place of employment.

ANSWER: My Name, My address Town, IN Zip

The answer as to the remainder of INTERROGARTOY NO. 1.:

OBJECTION: - Plaintiff's request seeks information that is not relevant to the subject matter of this litigation, not reasonably calculated to lead to discovery of admissible evidence and is an invasion of Defendant’s privacy.

REQUEST FOR ADMISSION NO. 1:

Admit that you had a Credit Card with Citibank, N.A., referenced in the complaint.

ANSWER: OBJECTION: Defendant has stated for his Answer that he is without information to form a belief as to the truth or falsity of the Credit Card referenced in the Complaint. After reasonable efforts to ascertain relevant information the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore denies the same.

REQUEST FOR ADMISSION NO. 2:

Admit that you borrowed money from Citibank, N.A. based upon terms and conditions required by Citibank, N.A..

ANSWER: Plaintiff’s Complaint does not assert that Defendant borrowed any money from the Plaintiff. Defendant is unaware of having ever borrowed any money from Citibank, N.A. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same.

REQUEST FOR ADMISSION NO. 3:

Admit that you received monthly statements and agreed to pay the contract interest and late fees at the rate and amounts contained in the monthly statements.

ANSWER: OBJECTION: Defendant for his answer has stated that he is without knowledge to form a belief as to the truth or falsity of the allegations contained in REQUEST FOR ADMISSION NO. 3. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same.

REQUEST FOR ADMISSION NO. 4:

Admit that you received a demand for payment from Citibank, N.A., which you have not paid.

ANSWER: DENY

REQUEST FOR ADMISSION NO. 5:

Admit that you defaulted under the terms and conditions by failing to pay the amount due on the account.

ANSWER: OBJECTION: The REQUEST is vague and unclear as to what terms and conditions are being referenced.

REQUEST FOR ADMISSION NO. 6:

Admit that you are not a minor, incompetent or have any affirmative defense

to avoid payment of this debt.

ANSWER: OBJECTION: Defendant for his ANSWER has stated that he is without knowledge to form a belief as to the truth or falsity of the debt alleged in Plaintiff’s Complaint. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same.

REQUEST FOR AOMISSION NO. 7;

Admit that your current balance is $x,xxx.xx.

ANSWER: OBJECTION: Defendant for his Answer has denied knowledge sufficient to ascertain the truth or falsity of the Plaintiff assertions. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same.

INTERROGATORY NO. 2:

Provide a brief explanation why you have not paid the monies identified in Plaintiff's Complaint.

ANSWER: OBJECTION: The term “monies” is not defined for purposes of these Interrogatories and after careful scrutiny of Plaintiff’s Complaint, the Defendant is unable to discern any allegation as to “monies” identified in Plaintiff’s Complaint. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions.

REQUEST FOR PRODUCTION NO. 1:

Provide all letters, emails, notes, statements, receipts, cancelled checks, and other documents related to payments made on this debt.

ANSWER: OBJECTION: After reasonable efforts to ascertain relevant information, the Defendant states that he does not have any of the items detailed in the REQUEST FOR PRODCUTION NO. 1. Further, if such items exists, they would not be in the Defendant’s possession and would therefore be best accessed from Plaintiff’s records.

REQUEST FOR PRODUCTION NO. 2:

Provide all letters, emails, notes, statements, receipts, cancelled checks, and other documents related to any reason for non-payment or any dispute related with this debt.

ANSWER: OBJECTION Defendant has maintained that he is without knowledge to ascertain the truth or falsity the allegations in Plaintiff’s Complaint. After reasonable efforts to ascertain relevant information, the Defendant remains without knowledge as to the truth or falsity of the Plaintiff’s assertions and therefore DENIES the same.