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Need critique of these ROGS, POD and admissions please


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Need some of you legal gurus to critique these discovery items I intend to send CMRRR very soon.

IN THE DISTRICT COURT OF xxxxxx COUNTY,

STATE OF OKLAHOMA

xxxxxx CORPORATION ) CASE NO.

Plaintiff, ) XXXXXXXX )

vs. )

)

me )

Defendant. )

DEFENDANT’S FIRST SET OF REQUESTS FOR ADMISSIONS

TO THE PLAINTIFF

FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH OK §12-3236 SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.

NOW Comes Defendant ME, in pro se, pursuant to 12 O.S. §3236, and submits the following Request for Admissions to the Plaintiff, XXXXX CORPORATION, by and through its attorneys DOUCHE BAG ATTORNEY & Associates, to be responded fully, separately, under oath and to be delivered to the Defendant within thirty (30) days from the date of service hereof.

DEFINITIONS

The following definitions are to be used in responding to the following Request for Admissions.

A. "Plaintiff," means XXXXX CORPORATION, or any agent, employee, officer, director, or any other person acting on its behalf.

B. “You” and “Your” means the Plaintiff.

C. "Defendant" means, ME, an individual.

REQUESTS:

1. Admit that Plaintiff is a debt collector as defined by the Fair Debt Collections Practices Act.

If Denied please explain.

2. Admit that Plaintiff, as a regular course of business, purchases portfolios containing large numbers of defaulted debts.

If Denied please explain.

3. Admit that Plaintiff purchases defaulted debts at a small percentage of the charged off balance.

If Denied please explain.

4. Admit that Plaintiff does not have access to the books and records of CHASE BANK USA, N.A.

If Denied please explain.

5. Admit that Plaintiff does not create or maintain records for CHASE BANK USA, N.A.

If Denied please explain.

6. Admit that Plaintiff does not have personal knowledge of the books and records of CHASE BANK USA, N.A.

If Denied please explain.

7. Admit that Plaintiff did not create or maintain the records for the alleged debt that is the basis of this Complaint.

If Denied please explain.

8. Admit that the Plaintiff cannot provide a complete accounting of the alleged debt that includes all charges, payments,

interest, and fees.

If Denied please explain.

9. Admit that you do not intend to call any witness from the original creditor.

If Denied please explain.

10. Admit that you do not intend to call any witness that has a personal knowledge of this alleged debt at the time of its

creation or has a personal knowledge of the alleged debt when it was allegedly breached.

If Denied please explain.

11. Admit that the Plaintiff and the Defendant have never entered into a mutual contract.

If Denied please explain.

12. Admit that you do not possess any written or executed agreements or promises to pay this alleged debt from the Defendant.

If Denied please explain.

13. Admit that, in fact, you have no documentary evidence of any kind whatsoever of any obligation or responsibility on the

behalf of Defendant to pay the alleged debt that is the basis of this complaint.

If Denied please explain.

14. Admit Defendant does not owe Plaintiff for this alleged account.

If Denied please explain.

Respectfully,

_____________________________________________

ME

Pro se

Defendant

Dated this day of ____________________

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing Request for Admissions was mailed to Plaintiff’s attorney of record, the law offices of:

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IN THE DISTRICT COURT OF XXXXXXXXX COUNTY,

STATE OF OKLAHOMA

DEFENDANT’S FIRST SET OF INTERROGATORIES

NOW Comes Defendant ME, in pro se, pursuant to 12 O.S. §3226 et. Seq., and submits the following Interrogatories to the Plaintiff, XXXXXXXXXXCORPORATION, by and through its attorneys DOUCHE BAG ATTORNEY & Associates, to be responded fully, separately, under oath and to be delivered to the Defendant within thirty (30) days from the date of service hereof.

DESCRIPTIONS AND INSTURCTIONS

1. “Plaintiff,” means XXXXXXXCORPORATION, or any agent, employee, officer, director, or any other person acting on its behalf.

2. “You” and “Your” means the Plaintiff.

3. “Defendant” means ME, an individual.

4. The word "document" is used herein in its broader sense to mean every book, document or other tangible thing, including without limitation the following items, whether printed, typed, recorded, photographed, filmed or reproduced by any process, namely: agreements, communications, letters, memoranda, magnetic tapes, computer readable material, business records, notes, reports, photographs, and/or summaries of investigations, drawings, corporate records, desk calendars, appointment books, and any other information containing papers, writings or physical things.

5. The word "describe", used in connection with any act, occurrence, or physical facts, shall include but not be limited to the following: the identity of every person known to have been involved in or to have witnessed the act or occurrence, the date or dates of any such act or occurrence, and a description of any documents, records, or things documenting or involved in such act, occurrence, or fact.

6. “Credit Application”, means the Original Signed Application bearing Defendant’s signature for any contract between Plaintiff and Defendant or Defendant and CHASE.

7. "Identify" or "state the identity of":

7.1 When used in reference to a natural person means: that person's full name, present or last known business and residence address, present or last known business and residence telephone number, present or last known occupation, employer, and position and that person's occupation or position during the time relevant to the particular interrogatory.

7.2 When used in reference to an entity means: its full and complete name, its type of entity (i.e., corporation, partnership, unincorporated association, trade name, etc.), the location of its principal place of business, its mailing address, and its telephone number.

7.3 When used in reference to a document means: a description of the type of document, the identity of the person or persons who authored, prepared, signed, and received the document, the date, title, and general description of the subject matter of the document, present location or custodian of the original and each copy of the document, the identity of any persons who can identify the document, and if a privilege is claimed, the specific basis for such claim, in addition to the information set forth above.

8. These interrogatories and requests are continuing and if at any time after you have answered these interrogatories and requests, new or additional information responsive to any of these interrogatories and requests comes to your attention, you are required to furnish such new or additional information to this propounding party and serve upon all counsel for all parties supplemental answers to these interrogatories and requests in accordance with the provisions of Oklahoma Civil Rules.

9. These interrogatories and requests, and answers hereto, are to include and are to be based upon, information in the possession of or gathered by you, your agents, servants, representatives, investigators, attorneys, and all other persons who have investigated or gathered information at your request or on your behalf.

10.State any objection to any interrogatory with specificity.

11. You are advised that the propounding party understands the attorney client privilege and the attorney work product privilege. The propounding party is not seeking information that is truly attorney client or attorney work product privileged. However, your response will be considered insufficient and a motion to compel will be filed if you respond generally that the information sought is attorney client or attorney work product privileged.

12. If in response to a particular interrogatory or request there is some information which is privileged and some information which is not privileged a general objection is not acceptable. The propounding party is seeking only non-privileged information and documents. If you claim a privilege as a basis for not responding completely to an interrogatory or otherwise object to an interrogatory, describe the factual basis for your claim of privilege or other objection in sufficient detail to permit the Court to adjudicate the validity of the claim or objection.

INTERROGATORIES

Interrogatory No. 1: Identify all persons involved in the preparation of the answers to the interrogatories. For each such person, provide his or her address and telephone number. For each such person, also identify which interrogatory that person responded to. Please also include their title with the Plaintiff and length of time of employment, if applicable to that person.

ANSWER:

Interrogatory No. 2: Identify each person who has knowledge or claims to have knowledge of information or events related to this lawsuit. For each such person, give their name, address, telephone number, and a summary of that person’s knowledge or involvement in this matter.

ANSWER:

Interrogatory No. 3: Identify each of Plaintiff’s employees who have had direct involvement with the alleged debt that is the basis of this complaint, including, without limitation, account representatives, employees involved in acquiring the alleged debt if the debt was acquired, employees involved in the decision to refer the alleged debt to outside counsel, and any and all employees who worked with, supervised or have personal knowledge of the alleged debt in any way.

ANSWER:

Interrogatory No. 4: Provide the title, job description, contact information (including address and telephone number) of each individual listed in the answer to interrogatory #3.

ANSWER:

Interrogatory No. 5: Identify all lawsuits Plaintiff has been involved with during the past three years in the state of Oklahoma.

ANSWER:

Interrogatory No. 6: You claim that you acquired the alleged debt from CHASE BANK USA, N.A. Identify with particularity all documents that evidence such assignment including what consideration was given for the claimed assignment.

ANSWER:

Interrogatory No. 7: You claim that Defendant owes a certain amount on an alleged defaulted CREDIT CARD AGREEMENT. Identify with particularity all documents that evidence such a CREDIT CARD AGREEMENT exists and the chain of custody of those documents that verify that you are the rightful owner of the alleged debt that is the basis of this complaint.

ANSWER:

Interrogatory No. 8: You claim that Defendant owes the amount of $5XXX.33 on an alleged debt that is the basis of this complaint. Identify with particularity all documents in your possession or any document that you intend to produce at trial to substantiate your claim.

ANSWER:

Interrogatory No. 9: Identify by name, home and business address, and telephone number, every person plaintiff or plaintiff’s attorney(s) may call as a witness at any trial or hearing in this matter, together with an itemization of all factual or legal testimony your attorney(s) may seek to elicit from those witnesses and how those persons gained the information regarding the facts or law.

ANSWER:

Interrogatory No. 10: Identify the contents of any evidence (including written materials or computer data) that your attorney(s) may seek to introduce through those witnesses identified in interrogatory # 9.

ANSWER:

Interrogatory No. 12: Does Plaintiff claim to have personal knowledge of the statements, accounts, or records of CHASE BANK USA, N.A? If so, provide the basis for that knowledge.

ANSWER:

Interrogatory No. 13: Did Plaintiff provide notice of the assignment of the alleged debt to the Defendant when the alleged debt was acquired? If so, on what date was this notice provided?

ANSWER:

Interrogatory No. 14: If Plaintiff, or anyone on their behalf, has taken any oral, written, or recorded statements from any person regarding any matter relevant to this lawsuit, please provide the names of the individuals giving and taking such statements, the location such statements, the persons who have custody of the statements, whether in hardcopy or electronic format.

ANSWER:

Interrogatory No. 15: Itemize each and every piece of information Plaintiff was provided by the assignor of this alleged debt when it was acquired, if it was indeed acquired. Itemize each and every piece of information Plaintiff has received from the assignor regarding this alleged debt at any time.

ANSWER:

Interrogatory No. 17: Defendant claims to have no knowledge of the alleged CREDIT CARD AGREEMENT and alleged debt that are the basis of the Plaintiff’s complaint. State with particularity and in detail every fact or piece of information in your possession that forms any part of your contention that Defendant owes on this alleged debt.

ANSWER:

Respectfully,

_____________________________________________

ME, pro se

Defendant

Dated this day of __________________.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing Interrogatories was mailed to Plaintiff’s attorney of record, the law offices of:

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)

DEFENDANT’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

TO THE PLAINTIFF

COMES NOW Defendant, ME, pro se, pursuant to 12 O.S. §3234, and submits the following Request for Production of Documents to the Plaintiff, FAUST CORPORATION, by and through its attorneys of record DOUCHE BAG ATTORNEY& Associates, to produce and deliver the documents described herein to the Defendant within thirty (30) days from the date of service hereof.

DEFINITIONS

The following definitions are to be used in responding to the following Request for Production of Documents.

A. "Plaintiff," means FXXXXXXX CORPORATION, or any agent, employee, officer, director, or any other person acting on its behalf.

B. “You” and “Your” means the Plaintiff.

C. "Defendant" means, ME, an individual.

D. The word "document" is used herein in its broader sense to mean every book, document or other tangible thing, including without limitation the following items, whether printed, typed, recorded, photographed, filmed or reproduced by any process, namely: agreements, communications, letters, memoranda, magnetic tapes, computer readable material, business records, notes, reports, photographs, and/or summaries of investigations, drawings, corporate records, desk calendars, appointment books, and any other information containing papers, writings or physical things.

REQUESTS:

Request No. 1: Produce all documents referred to or used in answering the interrogatories to plaintiff or requests for admissions to plaintiff served contemporaneously with these requests.

Request No. 2: Produce any written or recorded statements obtained from witness or any other person related to the allegations relevant to the present lawsuit.

Request No. 3: Produce all documents substantiating or reflecting any damages claimed against Defendant.

Request No. 4: All journals, memoranda, notes, calendars, correspondence, emails, account statements, and any other documentation upon which you intend to rely to substantiate your claims.

Request No. 5: Produce all documentation evidencing the alleged debt and your authority or standing to collect on said debt.

Request No. 6: Produce any and all correspondence (including emails) in your possession related to this present lawsuit.

Request No. 7: You claim that Defendant breached a contract. Produce the contract in its entirety.

Request No. 8: If you are claiming anything other than breach of contract, produce all documentation that would substantiate that claim.

Request No. 9: Produce all documentation or evidence of an offer, assent, mutual consideration, and meeting of the minds such that a contract was entered into by Defendant.

Request No. 10: Produce all documentation evidencing any goods or services purchased by Defendant on this alleged credit account.

Request No. 11: Produce all pleadings you have filed in this lawsuit.

Request No. 12: Produce all correspondence you have sent to Defendant.

Respectfully,

_____________________________________________

Dated this day of _________________.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing Request for Production of Documents was mailed to Plaintiff’s attorney of record, the law offices of:

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When you ask for a critique, how so? Would you like us to suggest modifications or deletions? Or would you like us to post the answers you can expect to get? This is a lot of stuff to wade though. A lot of what you are requesting will be objected to as irrelevant, immaterial, or privileged.

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When you ask for a critique, how so? Would you like us to suggest modifications or deletions? Or would you like us to post the answers you can expect to get? This is a lot of stuff to wade though. A lot of what you are requesting will be objected to as irrelevant, immaterial, or privileged.

sorry for not being more specific. I am looking for modifications or deletions. I am trying to see if they have standing to sue. I know it is a lot, I can go in and delete to instructions/ definitions if that makes it easier.

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With all due respect, if you send these you'll not get the responses you're looking for and will have burned up a good bit of your limited number of permitted requests.

For instance,

"Admit that Plaintiff is a debt collector as defined by the Fair Debt Collections Practices Act."

The Plaintiff is going to object to this because you're asking for a legal conclusion. In any event, it doesn't matter whether the Plainitiff admits he is a debt collector or not. If he isn't and he erroneously admits that he is, the court will not change the legal definition of debt collector simply becuase the plaintiff admitted to your request.

With respect to some of the others, you have some objectionable compound questions, some that ask for "any and all," (which I always object to as lacking specificity), and, you get the picture.

Limit your requests to issues of fact, not law, and target the allegations in the complaint that form the basis for the requested relief. If the complaint alleges an assignment, ask for the assigment referred to in paragraph X of the complaint. If the complaint alleges you incurred expenses, ask for receipts supporting the expenses alleged in paragraph X of the complaint.

If you ask for something irrelevant, the plaintiff will simply object to it as irrelevant. Discovery requests are limited, use them wisely.

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With all due respect, if you send these you'll not get the responses you're looking for and will have burned up a good bit of your limited number of permitted requests.

For instance,

"Admit that Plaintiff is a debt collector as defined by the Fair Debt Collections Practices Act."

The Plaintiff is going to object to this because you're asking for a legal conclusion. In any event, it doesn't matter whether the Plainitiff admits he is a debt collector or not. If he isn't and he erroneously admits that he is, the court will not change the legal definition of debt collector simply becuase the plaintiff admitted to your request.

With respect to some of the others, you have some objectionable compound questions, some that ask for "any and all," (which I always object to as lacking specificity), and, you get the picture.

Limit your requests to issues of fact, not law, and target the allegations in the complaint that form the basis for the requested relief. If the complaint alleges an assignment, ask for the assigment referred to in paragraph X of the complaint. If the complaint alleges you incurred expenses, ask for receipts supporting the expenses alleged in paragraph X of the complaint.

If you ask for something irrelevant, the plaintiff will simply object to it as irrelevant. Discovery requests are limited, use them wisely.

Thank you for your insight! I am currently cleaning up these documents and I will soon have them ready I think. I am attacking the complaint itself right now, but I could use some help, I just feel like I am in WAY over my head and I have been searching this and other forums non stop for the last 1 1/2 months gathering information.

So if anyone has any ideas on how to word my ROGS I would appreciate the help. This lawsuit is in regards to a JDB suing me over a debt that has been sold multiple times. The complaint was very vague and there was no other information provided with the complaint other then a summons. So they have yet to include any evidence of a debt actually existing.

Thanks in advance for any help!! :mrgreen:

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Need some of you legal gurus to critique these discovery items I intend to send CMRRR very soon.

IN THE DISTRICT COURT OF xxxxxx COUNTY,

STATE OF OKLAHOMA

xxxxxx CORPORATION ) CASE NO.

Plaintiff, ) XXXXXXXX )

vs. )

)

me )

Defendant. )

DEFENDANT’S FIRST SET OF REQUESTS FOR ADMISSIONS

TO THE PLAINTIFF

FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH OK §12-3236 SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.

NOW Comes Defendant ME, in pro se, pursuant to 12 O.S. §3236, and submits the following Request for Admissions to the Plaintiff, XXXXX CORPORATION, by and through its attorneys DOUCHE BAG ATTORNEY & Associates, to be responded fully, separately, under oath and to be delivered to the Defendant within thirty (30) days from the date of service hereof.

DEFINITIONS

The following definitions are to be used in responding to the following Request for Admissions.

A. "Plaintiff," means XXXXX CORPORATION, or any agent, employee, officer, director, or any other person acting on its behalf.

B. “You” and “Your” means the Plaintiff.

C. "Defendant" means, ME, an individual.

REQUESTS:

1. Admit that Plaintiff is a debt collector as defined by the Fair Debt Collections Practices Act.

If Denied please explain.

OBJECTION Plaintiff is what plantiff purports to be in the instant action, a plaintiff. The request is immaterial to the instant action.

2. Admit that Plaintiff, as a regular course of business, purchases portfolios containing large numbers of defaulted debts.

If Denied please explain.

OBJECTION The information sought is irrelevant to the instant action. Plaintiff has standing to sue and brought suit in this court to collect a debt. Plaintiff's other business activities are immaterial and confidential.

3. Admit that Plaintiff purchases defaulted debts at a small percentage of the charged off balance.

If Denied please explain.

OBJECTION See response 2

4. Admit that Plaintiff does not have access to the books and records of CHASE BANK USA, N.A.

If Denied please explain.

OBJECTION The request is improper and should be set forth as a request for production of documents. Plaintiff's "access" to documents in its own interest and course of business is confidential.

5. Admit that Plaintiff does not create or maintain records for CHASE BANK USA, N.A.

If Denied please explain.

OBJECTION Plaintiff makes no such claim. The request is irrelevant and immaterial to the instant action to the extent that any records defendant wishes to see should be requested in discovery.

6. Admit that Plaintiff does not have personal knowledge of the books and records of CHASE BANK USA, N.A.

If Denied please explain.

OBJECTION Irrelevant and immaterial to the instant action and the allegations therein. Plaintiff is the legal successor in interest to the account, has all applicable records to make his case, and does not claim to have or need "personal knowledge" of any such records. Plaintiff is a plaintiff, not an affiant.

7. Admit that Plaintiff did not create or maintain the records for the alleged debt that is the basis of this Complaint.

If Denied please explain.

OBJECTION Irrelevant, immaterial. Plaintiff has in its possession certified copies of all pertinent records. Plaintiff makes no claim of creation. If defendant wishes to see or dispute evidence, a request for production of documents is appropriate.

8. Admit that the Plaintiff cannot provide a complete accounting of the alleged debt that includes all charges, payments,

interest, and fees.

If Denied please explain.

OBJECTION The request is improper to the extent that discovery has not been served upon Plaintiff. If Defendant wishes to see plaintiff's evidence, a request for documents is proper. Any such "admission" would be improper and premature, a well as lacking in foundation.

9. Admit that you do not intend to call any witness from the original creditor.

If Denied please explain.

DENIED Plaintiff reserves the right to call witnesses at trial. No "explanation" is necessary.

10. Admit that you do not intend to call any witness that has a personal knowledge of this alleged debt at the time of its

creation or has a personal knowledge of the alleged debt when it was allegedly breached.

If Denied please explain.

OBJECTION Convoluted and improper. See response to 9.

11. Admit that the Plaintiff and the Defendant have never entered into a mutual contract.

If Denied please explain.

OBJECTION Plaintiff has brought the instant action as the legal successor in interest. No contract is required under law between plaintiff and defendant.

12. Admit that you do not possess any written or executed agreements or promises to pay this alleged debt from the Defendant.

If Denied please explain.

DENIED The cardholder agreement contains a promise to pay. Defendant agreed to the terms of the agreement by use of the account.

13. Admit that, in fact, you have no documentary evidence of any kind whatsoever of any obligation or responsibility on the

behalf of Defendant to pay the alleged debt that is the basis of this complaint.

If Denied please explain.

DENIED Documentation should be requested by defendant in a request for production of documents.

14. Admit Defendant does not owe Plaintiff for this alleged account.

If Denied please explain.

DENIED Plaintiff is the legal successor in interest and therefore has legal standing to collect the debt.

Respectfully,

_____________________________________________

ME

Pro se

Defendant

Dated this day of ____________________

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing Request for Admissions was mailed to Plaintiff’s attorney of record, the law offices of:

This is pretty much what you can expect if you send this. Sorry, that's just the way it is.

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This is pretty much what you can expect if you send this. Sorry, that's just the way it is.

I have new ROGs, PODs and Admins.... I can post them......I have very limited internet, I am only on my phone and then every couple days I can actually post via real "internet"..... Every couple days when I can I search and I search these forums, I thought ppl would appreciate the fact that at least i tried to do it on my own, I am not asking "you" to do it for me, JUST INSIGHT........ ****...... if it wasn't for this site I would have filed bankrupcy by now...

Thanks to those who gave a sh*it.:p

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ps, I know I dont have the hours that most of you do on this site, (ps I will sooon enough though, just waitxangelx I can tell you from what I have read they will object anyways....isn't that the "WAY" of the lawyers? Isn't that how I will answer their discovery when I recieve it?who is really going to answer these Q's anyways, the Lawyer I am up against is a brother/son/ some kind of relative of the "LENDER" aka JBD I am up against.

But I have new ROGS, PODS AND admins....if anyone cares to see them....

Like I said, if is wasn;'t for this site, i'd still fight, but as a total idiot! (btw I amNOT!!!!!!) BUT for the record I am am A BABY legalessssssse and I am humble, please teach me.

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This is pretty much what you can expect if you send this. Sorry, that's just the way it is.

I respectfully disagree. I actually used some of those in a case against me 4 years ago, and the JDB admitted some of them. The JDB dismissed the case.

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I would tend to agree with legaleagle. I think that's exactly the type of response one might expect from a debt collector. But that's OK.

Rule 33 option to produce records is not a proper response to Rule 36 Requests for admission. Moreover, many of the sample "responses" are, frankly, "nonresponsive." The colletor will neither admit, nor deny. Instead, he will use the request as an opportunity to tell the world why the consumer is a deadbeat and the poor collector is just trying to collect a just debt.

I don't mind seeing answers like that. They waste the client collector's money because next, he'll be responding to a motion to determine sufficiency (another couple grand on a brief). And, it makes the debt collection attorney look like an idiot when the judge orders the collector to provide responsive answers.

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I would tend to agree with legaleagle. I think that's exactly the type of response one might expect from a debt collector. But that's OK.

Rule 33 option to produce records is not a proper response to Rule 36 Requests for admission. Moreover, many of the sample "responses" are, frankly, "nonresponsive." The colletor will neither admit, nor deny. Instead, he will use the request as an opportunity to tell the world why the consumer is a deadbeat and the poor collector is just trying to collect a just debt.

I don't mind seeing answers like that. They waste the client collector's money because next, he'll be responding to a motion to determine sufficiency (another couple grand on a brief). And, it makes the debt collection attorney look like an idiot when the judge orders the collector to provide responsive answers.

This is how I have interpreted the information I have read in my "crash course" in law. I am going to answer their discovery very vaguely and non responsive-like and they will return the favor. From what I can see (by researching every case they have brought in the last 20 years in the state of OK) these guys fold the minute a lawyer is involved and there is a hint of a fight. This tells me that they in fact, do not want to work or fight!! They are banking on their 95% default judgements.

In pro se cases, well, maybe .5% are pro se and the plaintiff normally folds after discovery from what I can see, but of course I can't SEE the discovery as that is not filed with the court. So this tells me that, even though I can expect the plaintiff to be a PITA about answering the discovery I send them, if it APPEARS that I "know" what I am doing, they will most probably fold.....

So, I guess what I am looking for...

Do the above posted docs make me look like the total green legal newbie that I am or are they okay to begin the parley with the plaintiff?

All I am really expecting from this part of the process is to see if they really don't have any proof!!!

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I have new ROGs, PODs and Admins.... I can post them......I have very limited internet, I am only on my phone and then every couple days I can actually post via real "internet"..... Every couple days when I can I search and I search these forums, I thought ppl would appreciate the fact that at least i tried to do it on my own, I am not asking "you" to do it for me, JUST INSIGHT........ ****...... if it wasn't for this site I would have filed bankrupcy by now...

Thanks to those who gave a sh*it.:p

The best way we can help you is to give you a dose of what you can expect from any law firm that decides to fight you. They may answer as I did, or they may answer differently. The responses I gave you are for informational purposes only. I formulated answers based upon the assumption of "worst case scenario" where you get a real bast---d who decides to bury you as a pro se litigant just because he thinks he can. This may not happen, but you need to know what to do if it does. Kind of like joining a pro baseball team, but you never faced Mariano Rivera.

The most important thing is to see what they have as admissible evidence. Do they have foolproof documentation that they own the debt and that the amount is correct? If they don't, the other stuff like who handled the paperwork etc is moot. You won't need it.

Edited by legaleagle
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We're not being difficult in our answers, I think they've been quite clear.

Respond to each allegation with one question in interrogatories and one of discovery.

Example:

Complaint Allegation X: Defendant opened a credit account with XXX.

Your Interrogatory Q: Admit Plaintiff has no documentation proving the existence of credit account X and no proof that Defendant opened such account.

Your REQUESTS FOR ADMISSIONS: Provide documentary evidence proving the Defendant opened an account with Plaintiff.

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The best way we can help you is to give you a dose of what you can expect from any law firm that decides to fight you. They may answer as I did, or they may answer differently. The responses I gave you are for informational purposes only. I formulated answers based upon the assumption of "worst case scenario" where you get a real bast---d who decides to bury you as a pro se litigant just because he thinks he can. This may not happen, but you need to know what to do if it does. Kind of like joining a pro baseball team, but you never faced Mariano Rivera.

The most important thing is to see what they have as admissible evidence. Do they have foolproof documentation that they own the debt and that the amount is correct? If they don't, the other stuff like who handled the paperwork etc is moot. You won't need it.

Thank you for that explaination! I have revised my discovery, I would appreciate any feedback, I can pm them if you like. I am looking to see what the opposition has for admissible evidence, my gut feeling is that they have nothing, but I am trying to be as aggressive as I can.

Once again THANK YOU!

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We're not being difficult in our answers, I think they've been quite clear.

Respond to each allegation with one question in interrogatories and one of discovery.

Example:

Complaint Allegation X: Defendant opened a credit account with XXX.

Your Interrogatory Q: Admit Plaintiff has no documentation proving the existence of credit account X and no proof that Defendant opened such account.

Your REQUESTS FOR ADMISSIONS: Provide documentary evidence proving the Defendant opened an account with Plaintiff.

Thank you ! Everyone is being quite clear and I know trying to help....I have been eating, sleeping, breathing discovery for the last two weeks and well, things are starting to get blurry haha :mrgreen: I do appreciate the help.

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INTERROGATORIES

Interrogatory No. 1: In Paragraph 1 of the Complaint, Plaintiff claims that the Defendant entered into an alleged CREDIT CARD AGREEMENT with CHASE BANK USA, N.A. Please identify, with particularity, all documents that evidence such a CREDIT CARD AGREEMENT existed between CHASE BANK USA, N.A. and the Defendant.

ANSWER:

Interrogatory No. 2: In Paragraph 1 of the Complaint, Plaintiff claims that CHASE BANK USA, N.A. agreed to extend a Revolving Line of Credit to the Defendant. Please identify, with particularity, all documents that you intend to rely on to substantiate your claim at trial, that there indeed existed an agreement between CHASE BANK USA, N.A. and the Defendant.

ANSWER:

Interrogatory No. 3: In Paragraph 1 of the Complaint, Plaintiff claims that the Defendant accepted a Revolving Line of Credit from CHASE BANK USA, N.A. by allegedly making cash advances or the purchase of goods and services. Please identify all documents, with particularity, that evidences the Defendant made any such cash advances and purchases of goods and services.

ANSWER:

Interrogatory No. 4: In Paragraph 2 of the Complaint, Plaintiff claims that Defendant agreed to pay said “account” balance plus finance charges and other charges and fees in monthly installments according to the terms in the alleged CREDIT CARD AGREEMENT. Please describe and identify, with particularity, all documents that evidence the terms of said agreement, including finance charges and other charges and fees and of the Defendant’s alleged “agreement” to said terms.

ANSWER:

Interrogatory No. 5: Defendant claims to have no knowledge of the alleged CREDIT CARD AGREEMENT and alleged debt that are the basis of the Plaintiff’s complaint. State with particularity and in detail every fact or piece of information in your possession that forms any part of your contention that Defendant owes on this alleged debt.

ANSWER:

Interrogatory No. 6: In Paragraph 4 of the Complaint, you claim that you acquired all rights to the alleged “account” from CHASE BANK USA, N.A. for value. Please identify, with particularity, all documents that evidence such assignment including what consideration was given for the claimed assignment.

ANSWER:

Interrogatory No. 7: In Paragraph 4 of the Complaint, you claim that you acquired all rights to the alleged “account” from CHASE BANK USA, N.A. for value. Please identify, with particularity, all documents that evidence the chain of custody of the alleged debt from CHASE BANK USA, N.A. to the Plaintiff, that you intend to rely on to substantiate your claim that Plaintiff is indeed the rightful owner of the alleged debt.

ANSWER:

Interrogatory No. 8: In Paragraph 5 of the Complaint, Plaintiff claims that the Defendant owes the amount of $5434.33 on an alleged debt. Please identify, with particularity, all documents in your possession or any document that you intend to produce at trial to substantiate your claim.

ANSWER:

Interrogatory No. 9: Please identify by name, home and business address, and telephone number, every person plaintiff or plaintiff’s attorney(s) may call as a witness at any trial or hearing in this matter, together with an itemization of all factual or legal testimony your attorney(s) may seek to elicit from those witnesses and how those persons gained the information regarding the facts or law.

ANSWER:

Interrogatory No. 10: Identify the contents of any evidence (including written materials or computer data) that your attorney(s) may seek to introduce through those witnesses identified in interrogatory # 9.

ANSWER:

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My question is:

How do these look? Assuming that the opposition will most probably answer with non-responsive crap anyways, do these ROGS make it clear that I am attacking the plaintiff's standing?

Our local court rules limit discovery to only one set of ROGS, ADMINS AND PODS. So this is all I will be able to ask the other side.

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Anytime you say "documents" - this should be part of discovery, not interrogatories.

Interrogatory No. 3: In Paragraph 1 of the Complaint, Plaintiff claims that the Defendant accepted a Revolving Line of Credit from CHASE BANK USA, N.A. by allegedly making cash advances or the purchase of goods and services. Please identify all documents, with particularity, that evidences the Defendant made any such cash advances and purchases of goods and services.

Interrogatory #3: In Paragraph 1 of the Complaint, Plaintiff claims that the Defendant accepted a Revolving Line of Credit from CHASE BANK USA, N.A. by allegedly making cash advances or the purchase of goods and services. Admit you have no evidence supporting this claim.

Discovery #3: Please submit all documents, with particularity, that evidences the Defendant made any such cash advances and purchases of goods and services.

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admins

REQUESTS:

1. Please admit that Plaintiff does not possess an original CREDIT CARD APPLICATION or CREDIT CARD AGREEMENT

between CHASE BANK USA, N.A. and the Defendant.

If Denied please explain.

2. Please admit that Plaintiff cannot provide a complete accounting of the alleged debt, that includes all charges, payments,

Interest and fees.

If Denied please explain.

3. Please admit that Plaintiff and the Defendant have never entered into a mutual contract or agreement.

If Denied please explain.

4. Please admit that Plaintiff do not possess any written or executed agreements or promises, from the Defendant, for payment

on the alleged debt.

If Denied please explain.

5. Please admit that Plaintiff does not have access to the books and records of CHASE BANK USA, N.A.

If Denied please explain.

6. Please admit that Plaintiff does not create or maintain records for CHASE BANK USA, N.A.

If Denied please explain.

7. Please admit that Plaintiff does not have personal knowledge of the books and records of CHASE BANK USA, N.A.

If Denied please explain.

8. Please admit that Plaintiff does not intend to call any witness that has a personal knowledge of the alleged debt at the time of

its creation or has a personal knowledge of the alleged debt when it was allegedly breached.

If Denied please explain.

9. Please admit that, in fact, Plaintiff has no documentary evidence of any kind whatsoever of any obligation or responsibility

on the behalf of Defendant to pay the alleged debt that is the basis of this complaint.

If Denied please explain.

10. Please admit Defendant does not owe Plaintiff for this alleged debt.

If Denied please explain.

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REQUESTS:

Request No. 1: Please produce any notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction of business of collecting debts, that relate to the Defendant and/or the alleged debt that is the basis of this Complaint.

Request No. 2: Please produce the original credit application from the alleged CREDIT CARD AGREEMENT bearing the Defendant’s signature(s).

Request No. 3: Please produce all documentation or evidence of an offer, assent, mutual consideration, and meeting of the minds such that an agreement was entered into by Defendant.

Request No. 4: Please produce a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged CREDIT CARD AGREEMENT, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt in this claim was incurred legally.

Request No. 5: Please produce all credit card billing statement(s) for the alleged CREDIT CARD AGREEMENT.

Request No. 6: Please produce all documents establishing the chain of custody of the alleged debt from CHASE BANK USA, N.A. to the Plaintiff.

Request No. 7: Please produce a contract, agreement, assignment or other means demonstrating FAUST CORPORATION had the authority and capacity, and was legally entitled to collect on the alleged debt.

Request No. 8: Please produce a complete accounting of the balance $5xxx.xx that Plaintiff claims is owed, showing all charges, payments, interest and fees, beginning with a – 0 – balance.

Request No. 9: Please produce all documents substantiating or reflecting the damages claimed against Defendant.

Request No. 10: Please produce any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability or responsibility for the alleged debt.

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