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Ideas for how to answer this discovery


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INTERROGATORY NUMBER 1: Please state the name, address and place of occupation of the person answering these Request for Admissions and Interrogatories.

ANSWER:

REQUEST FOR ADMISSION NUMBER1: Admit that the Defendant entered into a CREDIT CARD AGREEMENT designated as account number xxxxxxxxxxx with CHASE BANK USA, N.A. whereby CHASE BANK USA, N.A. agreed to provide a revolving line of credit to the Defendant to purchase various goods or services.

ANSWER:

REQUEST FOR ADMISSION NUMBER 2: Admti that you agreed to pay the account balance plus finance charges and other charges and fees in monthly installments according to the terms of agreement.

ANSWER:

REQUEST FOR ADMISSION NUMBER 3: Admit that you are indebted to the owner of the said credit card account in any amount.

ANSWER:

REQUEST FOR ADMISSION NUMBER 4: Admit tat the CHASE BANK USA, N.A. sent you monthly statements indicating the balance due on the account together with finance charges, other fees and the minimum payment due and that you failed to object to said statements.

ANSWER:

REQUEST FOR ADMISSION NUMBER 5: Admit that you are currently indebted to the owner of the above referenced credit card account in the principal sum of $5xxx.xx.

ANSWER:

REQUEST FOR ADMISSION NUMBER 6: Admit that payments on the account are in default.

ANSWER:

REQUEST FOR ADMISSION NUMBER 7: Admit that the attached statements identified as Exhibits 1 through 18 accurately reflect the activity on your CHASE BANK USA, N.A. account for the time periods reflected on the statements.

ANSWER:

REQEST FOR ADMISSION NUMBER 8: Admit that you were involved in a divorce action in the Superior Court of California, County of xxx, me vs him, Case Number xxxxxxx.

ANSWER:

REQUEST FOR ADMISSION NUMBER 9: Admit that your charges made on the account were used to finance the legal representation in California.

ANSWER:

INTERROGATORY NUMBER 1: If you denied Request for Admission Number 5, please state the date the owner of the account was given written notice that you disputed your account balance and the correct account balance.

ANSWER:

INTERROGATORY NUMBER 2: List each charge that you made on the referenced account. Include the date, amount and the items purchased.

ANSWER:

INTERROGATORY NUMBER 3: List each charge that was made on the referenced account by another person with your permission. Include the date, amount, and items purchased.

ANSWER:

INTERROGATORY NUMBER 4: List each statement you received on the referenced account.

ANSWER:

INTERROGATORY NUMBER 5: List each and every address at which you have resided or post office box you used since xx/xx/2006.

ANSWER:

INTERROGATORY NUMBER 6: List the number of charge cards which were issued by CHASE BANK USA, N.A. on the account and the name of each person who was authorized to charge on the account.

ANSWER:

INTERROGATORY NUMBER 7: State the date and amount of the last statement that you received from the card issuer that had the correct balance of your account and the amount thereon.

ANSWER:

INTERROGATORY NUMBER 8: List and identify all documents, including letters, billing, staements, contracts, etc., that you received regarding the referenced account.

ANSWER:

INTERROGATORY NUMBER 10: List each and every payment that you made on the referenced account.

ANSWER:

INTERROGATORY NUMBER 11: If you deny Request for Admission Number 7, identify with specificity each and every entry on the statements that is inaccurate and state the reason that it is inaccurate.

ANSWER:

INTERROGATORY NUMBER 12: List the name of the institution, the account number and each and every owner for each and every bank demand deposit agreement you had with any banking institution within the previous seven (7) years.:shock: I don't even know If I can find that kind of information lol

ANSWER:

INTERROGATORY NUMBER 13: List each and every defense that you intend to assert in this matter and a brief summary of the facts that are within your knowledge which support the defense.

ANSWER:

INTERROGATORY NUMBER 14: List each and every witness that you intend to call at the trial of this matter and give a brief summary of the anticipated testimony of the witness.

ANSWER:

REQUEST FOR PRODUCTION NUMBER 1: Please furnish for inspection and copying on or before 30 days after you receive these requests at the office of xxxxxx, a copy of all written ntices you provided notifying CHASE BANK USA, N.A. that the balance on your account was incorrect.

ANSWER:

REQUEST FOR PRODUCTION NUMBER 2: Please furnish for inspection and copying on or before 30 days after you receive these requests at the office of xxxxxxx, all cashier’s checks, money orders, personal checks, cash receipts or other written instruments which evidence payments on the account referred to above which you have in your custody or control.

ANSWER:

REQUEST FOR PRODUCTION NUMBER 3: Please furnish for inspection and copying on or before 30 days after you receive these requests at the office of xxxxxxxx, each and every instrument created for payment to CHASE BANK USA, N.A. or that evidence payment to CHASE BANK USA, N.A. for the account identified on the enclosed Exhibits for the time period from 06/16/2006 to 06/30/2009. Include each and every cancelled check written for payment on the account.

ANSWER:

REQUEST FOR PRODUCTION NUMBER 4: Please furnish for inspection and copying on or before 30 days after you receive these requests at the office of xxxxxxx, each and every demand deposit agreement and checking account statement for the previous five (5) years for each account identified in Interrogatory Number 12.

ANSWER:

REQUEST FOR PRODUCTION NUMBER 5: Please furnish for inspection and copying on or before 30 days after you receive these requests at the office of xxxxxxx, each and every Exhibit that you intend to introduce at the trial of this matter.

ANSWER:

________________________________

ugh...:roll:

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Are these tied to a suit in another one of your threads? If so, please let me know and I will move this thread so we can associate the case in one place.

nascar, This is my 1st lawsuit, it is associated with a couple of my threads.

http://www.creditinfocenter.com/forums/there-lawyer-house/311356-mixup-law-offices-jdb-attorney.html

This one is maybe a good place to put it. I apologize for starting a new thread so often, My brain tends to like compartamentalize (sp?) things.

Anyways, please move this where ever you think it would be best. I could pm you the info 1st case threads vs 2nd case threads.

I have two ongoing lawsuits.

Thank you :)

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Are they really written like this? I do not know the rules in OK, but here that would not be worth the paper they are written on since they must be separate requests and include an electronic version.

Yes, this is actually after I typed them up in word format and fixed quite a few of their numbering errors haha.

I was under the impression that in the state of Oklahoma they were to be seperate as well, when I sent off discovery to them, I had each one seperate and in nice organized fashion.

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REQEST FOR ADMISSION NUMBER 8: Admit that you were involved in a divorce action in the Superior Court of California, County of xxx, me vs him, Case Number xxxxxxx.

ANSWER:

BJECTION The information sought is irrelevant and immaterial to the instant action. The instant action is to determine whether or not defendant is indebted to plaintiff. His marital status has nothing to do with this action.

REQUEST FOR ADMISSION NUMBER 9: Admit that your charges made on the account were used to finance the legal representation in California.

OBJECTION The manner in which any charges were made to the alleged account is immaterial to the instant action, the purpose of which is to determine liability, not use.

I think they are fishing for something because California is a community property state. Bad thing for them is that they didn't file in CA.

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REQEST FOR ADMISSION NUMBER 8: Admit that you were involved in a divorce action in the Superior Court of California, County of xxx, me vs him, Case Number xxxxxxx.

ANSWER:

BJECTION The information sought is irrelevant and immaterial to the instant action. The instant action is to determine whether or not defendant is indebted to plaintiff. His marital status has nothing to do with this action.

REQUEST FOR ADMISSION NUMBER 9: Admit that your charges made on the account were used to finance the legal representation in California.

OBJECTION The manner in which any charges were made to the alleged account is immaterial to the instant action, the purpose of which is to determine liability, not use.

I think they are fishing for something because California is a community property state. Bad thing for them is that they didn't file in CA.

I think they are definitely fishing here.

So I have looked at my credit reports, noticed that the plaintiff's attorney has made some soft inquiries into my CR....I am thinking "can't they see that I have nothing, I'm not paying any old debt and I have no assets!" but at closer examination, I notice that my ex husband has not taken my name off of the mortgage there in california. It still has my name on it (I am assuming because he can't get it re financed due to it being upside down) but I have court orders stating that the property is his, free and clear.

Could this be what they are fishing for?

Also, I have since re-married, long story short, we are separated. The plaintiff sued me under my other married name, so when I answered I brought my new married name aka into the pleading.

At the scheduling conference, the rent-a-lawyer for the plaintiff asked for 30 days to make amendments to any pleadings while they determine is there any other parties involved....

Could this be another of the fishing expedition?

OK is not a community state.

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REQEST FOR ADMISSION NUMBER 8: Admit that you were involved in a divorce action in the Superior Court of California, County of xxx, me vs him, Case Number xxxxxxx.

REQUEST FOR ADMISSION NUMBER 9: Admit that your charges made on the account were used to finance the legal representation in California.

As to request for Admission 8, you were either involved in the action or you were not. It is a matter of record. If that was your case, admit it.

As to request for Admission 9, deny.

(If the time comes when you have to defend your denial, you could reasonably argue that (1) the request asked you to admit "all" the charges on the account were for legal fees, which they probably were not, or (2) the term "finance," according to Black's Law Dictionary, when used as a verb, means "to supply with funds through the payment of cash or issuance of stocks, bonds, notes, or mortgages; to provide with capital or loan money as needed to carry on business. I doubt you did any of that.

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Good points Nascar.

Stuck again on ROG number 12......

I do not want to give out this information, plus I really don't know the account number for that bank account, it has been closed for over 3 years.... I really think it would be a PITA to get the info they are requesting as I don't have info available about the account and it was with a BIG bank, so calling is always a nightmare.

Is there any way to answer this without giving them exactly what they are looking for? I did not ever pay via check or by written instrument, only online. so they won't have any cancelled checks to dig up.

Also POD number 4 is requesting banking statements from said bank.

Can I deny having that bank account? ugh!!! don't know how to deal with these particular questions....

Any help appreciated!

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Stuck again on ROG number 12

INTERROGATORY NUMBER 12: List the name of the institution, the account number and each and every owner for each and every bank demand deposit agreement you had with any banking institution within the previous seven (7) years.

RESPONSE: Objection. The subject interrogatory is not relevant to any claim made by Plaintiff in this action. Further, the request is overly broad, burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

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Also POD number 4 is requesting banking statements from said bank.

REQUEST FOR PRODUCTION NUMBER 4: Please furnish for inspection and copying on or before 30 days after you receive these requests at the office of xxxxxxx, each and every demand deposit agreement and checking account statement for the previous five (5) years for each account identified in Interrogatory Number 12.

ANSWER: No accounts were identified in Interrogatory #12, therefore defendant has no documents responsive to this request.

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Looking into OK RCP and this is what I find in regards to answering ADMISSIONS

If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of subsection D of Section 3237 of this title, deny the matter or set forth reasons why he cannot admit or deny it.

The party who has requested the admission may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this section, it may order either that the matter is admitted or that an amended answer be served.

So can I just deny or do I need to offer more information in the denial?

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Just needing some critique from the legal gurus out there. My intended answers are bolded.

DEFENDANT’S ANSWER TO PLAINTIFF’S REQUEST FOR ADMISSIONS OF GENUINENESS OF WRITING AND TRUTH OF FACTS

COMES NOW, Defendant, me, pro se, and her answers to the Plaintiff’s Request for Admissions of Genuineness of Writing and Truth of Facts, as follows:

REQUEST FOR ADMISSION NUMBER1: Admit that the Defendant entered into a CREDIT CARD AGREEMENT designated as account number xxxxxxxxxxxxx with CHASE BANK USA, N.A. whereby CHASE BANK USA, N.A. agreed to provide a revolving line of credit to the Defendant to purchase various goods or services.

ANSWER: Deny. Defendant cannot confirm the alleged account number so therefore denies, furthermore, to the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using the alleged account.

REQUEST FOR ADMISSION NUMBER 2: Admit that you agreed to pay the account balance plus finance charges and other charges and fees in monthly installments according to the terms of agreement.

ANSWER: DENIED.

REQUEST FOR ADMISSION NUMBER 3: Admit that you are indebted to the owner of the said credit card account in any amount.

ANSWER: DENIED. Defendant avers that she does not owe Plaintiff one penny.

REQUEST FOR ADMISSION NUMBER 4: Admit that the CHASE BANK USA, N.A. sent you monthly statements indicating the balance due on the account together with finance charges, other fees and the minimum payment due and that you failed to object to said statements.

ANSWER: DENIED. Defendant has no recollection of receiving any statements from Plaintiff, nor has proof of the delivery been provided.

REQUEST FOR ADMISSION NUMBER 5: Admit that you are currently indebted to the owner of the above referenced credit card account in the principal sum of $5xxx.xx.

ANSWER: DENIED. Please see answer to REQUEST FOR ADMISSION NUMBER 3.

REQUEST FOR ADMISSION NUMBER 6: Admit that payments on the account are in default.

ANSWER: DENIED. Defendant has already denied recollection of this card and therefore this question is improper, furthermore liability for said payments has yet to be established by admissible evidence.

REQUEST FOR ADMISSION NUMBER 7: Admit that the attached statements identified as Exhibits 1 through 18 accurately reflect the activity on your CHASE BANK USA, N.A. account for the time periods reflected on the statements.

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

REQEST FOR ADMISSION NUMBER 8: Admit that you were involved in a divorce action in the Superior Court of California, County of xxxxx, me vs the jerk ex hubby, Case Number xxxxxxx.

RESPONSE: OBJECTION. The information sought in this request is not likely to lead to any relevant admissable evidence in the instant action. Without waiving said objection, and since the information sought is public information the Defendant Admits.

REQUEST FOR ADMISSION NUMBER 9: Admit that your charges made on the account were used to finance the legal representation in California.

RESPONSE: OBJECTION Use of the account is a matter for plaintiff to prove through admissible evidence. Absent any such evidence that has not been provided thus far in discovery, and without waiving said objection, defendant must deny. Plaintiff must provide strict proof that defendant personally used the account.

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I have been combing through all the advice on this site in regards to answering these discovery items, and I am still not close to the right answers.

If someone could look over the above post and my answers to admissions, That would be awesome!!!

Also, stuck on Interrogatory

INTERROGATORY NUMBER 13: List each and every defense that you intend to assert in this matter and a brief summary of the facts that are within your knowledge which support the defense.

These seems like a trick, as I did not list any affirmative defenses in my answer....Is this a good time to bring up "lack of standing" ? How can I answer this question without being non-responsive.

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INTERROGATORY NUMBER 13: List each and every defense that you intend to assert in this matter and a brief summary of the facts that are within your knowledge which support the defense.

These seems like a trick, as I did not list any affirmative defenses in my answer....Is this a good time to bring up "lack of standing" ? How can I answer this question without being non-responsive.

RESPONSE: Objection. Plaintiff seeks a list of material prepared in anticipation of litigation or for trial, but has failed to make the requisite showing that he has substantial need of the materials in the preparation of his own case and that he is unable, without undue hardship, to obtain the substantial equivalent of the materials by other means.

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RESPONSE: Objection. Plaintiff seeks a list of material prepared in anticipation of litigation or for trial, but has failed to make the requisite showing that he has substantial need of the materials in the preparation of his own case and that he is unable, without undue hardship, to obtain the substantial equivalent of the materials by other means.

::hearton:: THANKS NASCAR!

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::hearton:: THANKS NASCAR!

2nd that. That is a great response (objection).

Also, since you did not (in my opinion, very wisely) list affirmative defenses you're able to keep your defense and plan of attack non-disclosed at this time.

This is a perfect example of not flipping the burden to yourself. Instead of answering that question or preparing for a motion to compel or strike, you're hitting them with a legit objection. I like it !!

As Nascar pointed out, make them do the work.

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I'd just admit #8 without any objection or commentary. Personally, I'd lighten up on some of your other explanations, unless required. For example, #3, can't you just say denied?

There is nothing wrong with the answer but you're just saying the same thing two times, back to back. Same thing with 4. If I'm the other side, I'd say okay well let me refresh your memory.

If you just deny they won't know if you just don't remember or are flat out denying everything about the statements. I would not narrow my answer down that much. I would not leave the a door to walk though and explore.

A civil case just needs to tip the scales 51/49, not beyond a reasonable doubt. If you have no memory of the statements and the other side does and/or produces those statements, in my opinion, that could tip the scales every so slightly in their favor.

By stating no memory, your opening a door that me personally, would keep shut. The main thing is you either admitted or denied and that is important. That is a common error I see a lot, somebody explaining their position but never actually admitting or denying the request.

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2nd that. That is a great response (objection).

Also, since you did not (in my opinion, very wisely) list affirmative defenses you're able to keep your defense and plan of attack non-disclosed at this time.

This is a perfect example of not flipping the burden to yourself. Instead of answering that question or preparing for a motion to compel or strike, you're hitting them with a legit objection. I like it !!

As Nascar pointed out, make them do the work.

I did not list affirmative defenses because of advice given by you actually. The post that you often reference now, where you and BV80 had a very in depth discussion on the use of affirmative defenses, was in fact my very first post on this site.

Before that, EVERY bit of information I had found online said to use affirmative defenses, in fact, all the threads I found on this site said the same.

So you convinced me, and now we wait to see how this works in the state of Oklahoma.

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I'd just admit #8 without any objection or commentary. Personally, I'd lighten up on some of your other explanations, unless required. For example, #3, can't you just say denied?

There is nothing wrong with the answer but you're just saying the same thing two times, back to back. Same thing with 4. If I'm the other side, I'd say okay well let me refresh your memory.

If you just deny they won't know if you just don't remember or are flat out denying everything about the statements. I would not narrow my answer down that much. I would not leave the a door to walk though and explore.

A civil case just needs to tip the scales 51/49, not beyond a reasonable doubt. If you have no memory of the statements and the other side does and/or produces those statements, in my opinion, that could tip the scales every so slightly in their favor.

By stating no memory, your opening a door that me personally, would keep shut. The main thing is you either admitted or denied and that is important. That is a common error I see a lot, somebody explaining their position but never actually admitting or denying the request.

Thank you. I had wondered about that, I want to just say deny, but once again most of the information I've found here and elsewhere goes into more depth when answering these admissions.

A civil case just needs to tip the scales 51/49, not beyond a reasonable doubt. If you have no memory of the statements and the other side does and/or produces those statements, in my opinion, that could tip the scales every so slightly in their favor

Well the other side has in fact provided 18 statements with their discovery. They have not been authenticated at this time, and they only show one purchase and quite a few payments, the one purchase was also to a divorce attorney :(

Does this tip the scale in their favor?

This brings me to this question

REQUEST FOR ADMISSION NUMBER 7: Admit that the attached statements identified as Exhibits 1 through 18 accurately reflect the activity on your CHASE BANK USA, N.A. account for the time periods reflected on the statements.

ANSWER:

Can I just deny? well I might have just answered my own question, because I cannot admit that those statments ACCURATELY reflect anything, as they have not been authenticated...

Edited by notgoingdown1
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Well I might have just answered my own question, because I cannot admit that those statments ACCURATELY reflect anything, as they have not been authenticated...

;)

And once again you're seeing the benefit of keeping the burden on them and not flipping it to yourself by arguing an affirmative defense. Now you're two for two in not being forced to disprove their case, but forcing them to actually prove their case.

In my opinion, you're doing great !!

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Denials throw the ball back to them. Defenses throw it back to you. Can you actually define each one of your defenses in legal terms, state how they vitiate the plaintiff's case, and argue them to the satisfaction of a judge? There are limited circumstances where these work. If you use completely invalid defenses, it just makes you look bad to the court.

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