Question about domestic interrogatories

[justdrew]

me versus midland in louisiana

just wondering how should i anwser these question

I

What is the present name and address of each person to whom you have been married?

II

on what date were you married, physically sparated, and petioned for divorce relative to each person to whom you have been maried?

III

why do you feel the community should not be held repsonsible for this obligation?

IV

what community property did you retain after your marriage ended and what was the est. vaule of property

[legaleagle]

Louisiana is a community property state. That means any debt incurred during marriage is the responsibility of both spouses. They are trying to establish who they can go after if they get a judgment against you. Here is something from your state bar association that will explain how it works.

Brochure Details

As for how to answer, we don't know your situation. Are you divorced, etc,. how many times married, when the debt was incurred. A couple of these are easy to object to, but it depends on your situation.

Since this is Midland, a notorious junk debt buyer who rarely has any paperwork and is fairly easy to either beat or make give up, I suggest you post the complaint here. Have you answered it yet?

[justdrew]

ived uploaded complaint, and no i have nt answered yet. im divoced and married again.

Edited November 19, 2011 by justdrew

[Seadragon]

records they want. I believe if your divorce is public and not sealed you have to answer this. I hope your divorce was amiciable. It is possible they may call her as a witness.

I don;t see how you can block giving them the domestic interrogatories.

The account interrogatories are going to be easier. If you ansered denied or lack of information denied the you responses should go along these lines:

The defendant has previously denied the alleged account at issue thus the request is improper. After diligent search and reasonable inquiry, defendant has no documents under his custody or control to answer the interrogatory. Plaintiff has failed to attach documents to the complaint and as such the interrogatory is vague and calls for conclusions of law defendant cannot render. Plaintiff has failed to establish a prima facie showing of the right to conduct discovery.

there are several responses like that.

The account interrogatories are just getting you to admit you have had dealings with the OC. So you have to tiptoe carefully when answering them.

Please type the interrogatories into a post so we can see them good and then contrast their reqest any any possible responses.

Not knowing exactly what you answered and what the complaint says kinda limits us in helping you. They ex wife info you are going to have to give. current spouse information may not have to be given if Louisiana is a seperate credit state.(you can argueyou cannot divulge another persons credit info to a third party due to privacy laws)you will have to look those up.

[justdrew]

interrogatories

midland funding llc is owner of all rights, title and interest in this recievle ( issued thru chase bank

I

the creditor indicates that the monthly statements itemized all purchases, payments, fees and credit and the creditor indicate a balance of xxxx as of july 17 2011. do your records reflect otherwise and if so , please describe

II

the creditor indidcates that the monthly statement informed you of a right to dispute in writing within 60 days any listed purchase, payment fee, or credit. the creditor indicates no timely disputes. do your records reflect otherwise and if so , please describe

III

the creditor indidcates that the monthly statement accurately reflect all purchases and fees, do your records reflect otherwise and if so , please describe

IV

the creditor indidcates that the monthly statements accurately reflect all payments and credits, do your records reflect otherwise and if so , please describe

V

the creditor indicates that the credit terms are based on your agreement. You recieved the credit terms when the account was opened. please fully describe and credit terms which you feel are not accurately relfected, detail the suggested accurate terms, and describe or attach any documents which substantiates an agreement as to any different terms

Why do you feel the community should not be responible for this obligation.

Edited November 19, 2011 by justdrew

[legaleagle]

I might also suggest adding something about heresay. "The creditor indicates...." asks the responding party to validate third party information not in his possession. If the creditor indicates certain allegations, it is the responsibility of the plaintiff to prove same by its business records and / or admissible evidence. It is not the responsibility of the defendant to make plaintiff's case for him.

Also, I still don't see the complaint here. As for the ex, this may work to your advantage....you may be able to pass half of this onto her if the debt was acquired during the time you were married. They'll do it anyway, so why not do yourself a favor.

[justdrew]

ill post complaint after i get home. i also recived mail today a new document ill upload something about they will file in 2 weeks a consent judgement or something like that.

[legaleagle]

That's a standard threat. Pay it no mind. Just answer on time and that defuses any default judgments. Don't agree to anything called a "stipulated judgment" or anything that has the word consent in it.

[justdrew]

oriiganl documents from midland

[justdrew]

ANSWER INTERROGATORIES

NOW INTO COURT, COMEs john doe pro Per , domiciled in the State of Louisiana, the Defendant with respect

I.

jane doe 1(X Wife), I dont have knowledge to where she lives as I am divorced from her.

jane doe 2(current wife) 12345 johnson dr louisiana zip code

II.

jane doe 1:Married 2006 Divorced 2009

jane doe 2 Married xxxx 2009

III.

The community should be held responsible if the alleged account is for the community

IV.

I retained a car that is worth about 3000 dollars, some clothes worth about 600 dollars.

[KentWA]

If this was me I would just object to the questions and not relevant or calculated to lead to discoverable information. They just filed this case and do not have a judgement. These types of of questions are appropriate to post judgement proceedings only.

[legaleagle]

The date of August 2009 in the complaint is interesting, as you state you were divorced in 2009. When was the account opened? Were you married when the charges were made? Were the charges for community property, that is, stuff used by both of you?

Assuming you answer yes to all, you can actually file a third party complaint against the ex. That shifts half the liability away from you. They started the inquiry, let them deal with it. Let them collect from her if they can. You'll need her current address to have her served.

[justdrew]

i just recieved this in the mail today any ideas

[legaleagle]

That's a motion for summary judgment. Did you answer the interrogatories the way you posted? The answers don't match up to the questions you posted before. Your answers really aren't that good, you should have made a stronger denial. You have to file an objection to that motion, otherwise they will get a judgment against you.

[nascar]

You have to file an objection to that motion, otherwise they will get a judgment against you.

Yes, I agree. You're going to have to oppose the motion somehow. There are lots of nuances to the law in Louisiana that I am not aware of. Perhaps you can get an assist from a lawyer down there. I too am afraid you're going to lose this one if you don't.