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Need help answering Interrogatories, Admissions, and Document Requests


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First off, I've been scouring these boards for quite some time and I realize this question has been asked previously. However, there are such subtle nuances to some of the questions and I want to make sure I'm not opening myself up to legal maneuvering. Thank you in advance for any help that you can offer. Best regards.

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The Basics

1. Who is suing you? Citibank

2. For how much? Around $16,000

3. Who is the original creditor? Citibank

4. How do you know you are being sued? Received summons

5. How were you served? Were you served? Registered mail

6. What was your correspondence (if any) with the people suing you before you think you were being sued? None

7. Where do you live? Massachusetts

8. When is the last time you paid on this account? About a year ago

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). Court Hearing date set April 2012

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No.

12. Does your summons require a response in writing? Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes, I filed an answer. Yes, I've received and interrogatory, Request for Admissions, and Request for Document production.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Just a paragraph saying I defaulted, an affidavit signed by JDB attorney

14. What is the SOL on the debt? I believe 6 yrs in MA

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The Interrogatories:

INTERROGATORY 1

Please identify yourself fully, giving your full name, date of birth, the last four (4) digits of your Social Security number, current residential address, current business address, occupation, and the name of your current employer.

INTERROGATORY 2

Please state whether you maintain a credit card account with Citibank, N.A .

INTERROGATORY 3

Please state whether you received the Citibank, N.A. credit card, account number xxxxxxxxxxxx.

INTERROGATORY 4

Please state each and every address at which you have resided for a period of more than two weeks, and each and every address at which you have received mail, including but not limited to post office boxes, since the date you applied for or received the Citibank, N.A. credit card, account number xxxxxxxxxxxx.

INTERROGATORY 5

Please state whether you used the Citibank, N.A. credit card, account number xxxxxxxxxxxx to make charges.

INTERROGATORY 6

If the answer to the above interrogatory is in the affirmative please state the following information about the Citibank, N.A. credit card, account number xxxxxxxxxxxx,

(a) the date you first used the credit card;

(B) the date you last used the credit card;

© the amount of charges you made in connection with the credit card;

(d) the present location of the credit card; and

(e) the reason you stopped making charges on the credit card.

INTERROGATORY 7

Please state whether you received monthly statements for the Citibank, N.A. credit card, account number xxxxxxxxxxxx.

INTERROGATORY 8

Please state whether you received a copy of the cardholder agreement for the Citibank, N.A. credit card account number xxxxxxxxxxxx from Citibank, N.A. and whether you have a copy of it in your possession.

INTERROGATORY 9

Please state whether you made monthly payments on the Citibank, N.A. credit card, account number xxxxxxxxxxxx, at issue in this litigation.

INTERROGATORY 10

If the answer to the preceding interrogatory is in the affirmative please state the following information about the Citibank, N.A. credit card, account number xxxxxxxxxxxx,

(a) the date of each such payment made on this credit card account,

(B) the amount of each payment made on this credit card account,

(e) whether you currently have in your possession copies of the checks or the actual returned checks which you sent as payments on this account,

(d) the date of the last payment you made with respect to this account, and

(e) to whom each of the payments on the account was made.

INTERROGATORY 11

Please state the full name and address of each and every person, including yourself, who signed the application for the Citibank, N.A. credit card, account number xxxxxxxxxxxx.

INTERROGATORY 12

Was the application for the Citibank, N.A. credit card, account xxxxxxxxxxxx, made over the telephone or through the use of the Internet.

INTERROGATORY 13

If at any time since the date you applied for or received the Citibank, N.A. credit card, account number xxxxxxxxxxxx, you did not make the monthly payments, please describe in detail your reason for not doing so.

INTERROGATORY 15

Please describe by full name, residential address, name of employer, business address and relationship (if any) to you, each person whom you expect to call as a witness at the trial of this action and with respect to each such person, please state in detail the substance of the facts to and/or about which each such person is expected to testify.

INTERROGATORY 16

If you believe that a sum of money is due the Plaintiff, with respect to the Citibank, N.A. credit card, account number xxxxxxxxxxxx, at issue in this litigation, but that the amount due is different than the amount claimed by the Plaintiff in the Complaint and/or Statement of Damages, please state the amount that you believe to be due and describe in full and complete detail and with particularity the method by and manner in which you calculated said amount.

INTERROGATORY 17

Did you ever authorize a person other than yourself to utilize the Citibank, N.A. credit card, account number xxxxxxxxxxxx, at issue in this litigation to incur charges. If so, please state the full names and addresses of each such person and when they used the credit card.

INTERROGATORY 18

Please state to your knowledge whether any person(s) other than yourself ever used the Citibank, N.A. credit card, account number xxxxxxxxxxxx, without your permission or made charges to your account that you did not authorize.

INTERROGATORY 19

If the answer to the preceding interrogatory is in the affirmative please state the following information regarding unauthorized use of the Citibank, N.A. credit card, account number xxxxxxxxxxxx:

(a) the full name and address of each such person;

(B) the date and time each such charge was madei

(e) the amount of each unauthorized charge;

(d) the nature of the goods or services charged to the account in an unauthorized manner;

(e) the manner in which the person (s) obtained your credit card or credit card account number in order to make the charges;

(f) whether you reported the unauthorized use of the credit card to Citibank, N.A.;

(g) the full name of each person to whom you reported the unauthorized use of your credit card;

(h) the manner you reported the unauthorized use of your credit card;

(i) the date you reported the unauthorized use of your credit card; and

(j) what, if anything, was done by Citibank, N.A. regarding the unauthorized charges to your account.

INTERROGATORY 20

If you or anyone on your behalf, ever disputed any amount or item charged to the Citibank, N.A. credit card, account number xxxxxxxxxxxx, at issue in this litigation please state in detail and with particularity the following information:

(a) identify the date of each such disputed charge;

(B) identify the amount of each such disputed charge;

© identify the merchant, individual, firm or entity identified as making each such disputed charge;

(d) whether each such disputed charge was made in writing; and if so, identify the date of each such writing and the person or entity to whom each such writing was directed; and

(e) the results of each such dispute; or, if any such dispute has not been resolved, please identify each of those disputes which have not been so resolved.

INTERROGATORY 21

Please state in detail and with particularity each and every reason why you feel you do not owe the Plaintiff the amount of money alleged in their Complaint in this action to be due and owing on the Citibank, N.A. credit card, account number xxxxxxxxxxxx.

INTERROGATORY 22

Please state in detail and with particularity each and every fact and circumstances which supports your claim that there is a lack or failure of consideration with respect to the contract or transaction at issue in this action as is alleged in your Answer to the Plaintiff's Complaint.

INTERROGATORY 23

Please state in detail and with particularity each and every fact and circumstances which supports your claim that the Plaintiff has failed to state a claim upon which relief may be granted as is alleged in your Answer to the Plaintiff's Complaint.

INTERROGATORY 24

Please state in detail and with particularity each and every fact and circumstances which supports your claim that the Court lacks jurisdicition over the subject matter of the claim filed by the Plaintiff as is alleged in your Answer to the Plaintiff's Complaint.

INTERROGATORY 25

Please state in detail and with particularity each and every fact and circumstances which supports your claim that the Plaintiff lacks standing to bring this action as is alleged in your Answer to the Plaintiff's Complaint.

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CONTINUED

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Request for Admissions

REQUEST 1

You applied to Citibank, N.A. for a Credit Card.

REQUEST 2

You received a Credit Card from Citibank, N.A.

REQUEST 3

You have a Credit Card account numbered xxxxxxxxxxxx.

REQUEST 4

Credit Card account numbered xxxxxxxxxxxx was issued to you by Citibank, N.A .

REQUEST 5

You used Credit Card account numbered xxxxxxxxxxxx to make purchases of goods and/or services.

REQUEST 6

You used Credit Card account numbered xxxxxxxxxxxx to obtain cash advances.

REQUEST 7

You transferred balances from other Credit Card accounts to your Credit Card account numbered xxxxxxxxxxxx.

REQUEST 8

You received periodic account statements with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 9

You received monthly account statements with respect to Credit Card account numbered

xxxxxxxxxxxx.

REQUEST 10

You received periodic account statements from Citibank, N.A. with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 11

You received monthly account statements from Citibank, N.A. with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 12

You made payments with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 13

You made payments to Citibank, N.A. with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 14

You received a copy of the credit card agreement with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 15

You received a copy of the credit card terms and conditions with respect to Credit Card account numbered xxxxxxxxxxxx.

REQUEST 15

You were required to make at least the minimum payment amount as shown due on the periodic

account statements you received regarding your Credit Card account numbered xxxxxxxxxxxx.

REQUEST 17

You failed to make at least some of the minimum periodic payments regarding your Credit Card account numbered xxxxxxxxxxxx.

REQUEST 18

You defaulted with respect to your payment obligations relating to your Credit Card account numbered xxxxxxxxxxxx.

REQUEST 19

You did not authorize any other person to make charges, obtain cash advances and/or transfer account balances from other credit cards with respect to your Credit Card account numbered xxxxxxxxxxxx.

REQUEST 20

No person other than you used your Credit Card account numbered xxxxxxxxxxxx to make charges obtain cash advances and/or transfer account balances from another credit card.

REQUEST 21

You have not disputed the validity of any charges for goods or services made, cash advances obtained and/or other credit card balances transferred to your Credit Card numbered xxxxxxxxxxxx.

REQUEST 22

As of xxxx, 2011, the balance due on your Credit Card account numbered xxxxxxxxxxxx was $xx,xxx.xx.

REQUEST 23

You owe the Plaintiff the sum $xx,xxx.xx with respect to your Credit Card account numbered xxxxxxxxxxxx.

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Request for Document Production

1. Copies of any and all payments made on the Defendant's Citibank, N.A. card, account number xxxxxxxxxxxx, including, but not limited to copies of all checks (front and back), and money orders or other means of payment.

2. Copies of any and all receipts for payments made on the Defendant's Citibank, N.A. credit card, account number xxxxxxxxxxxx.

3. Copies of any and all correspondence between the Defendant and the Plaintiff or any of the Plaintiff's predecessors in interest, assignees, agents or other parties acting on its behalf.

4. Copies of any and all agreements regarding the Defendant's Citibank, N.A. credit card, account number xxxxxxxxxxxx, between the Defendant and the Plaintiff or any of the Plaintiff's predecessors in interest, assignees, agents or other parties acting on its behalf.

5. Copies of any and all account statements received by the Defendant from the Plaintiff relating to the Citibank, N.A. credit card account number xxxxxxxxxxxx as issue in this litigation.

6. Copies of any and all documents not otherwise requested that in any way relate to, involve or regard the Defendant's Citibank, N.A. credit card, account number xxxxxxxxxxxx.

7. Copies of any and all documents the Defendant intends to introduce as evidence at trial of this action.

8. Copies of any and all documents the Defendant intends to use in anyway at trial of this matter.

9. Copies of any and all documents showing the Defendant has paid, or settled the amount due on the Citibank, N.A. credit card, account number xxxxxxxxxxxx.

10. Copies of any and all documents relating to or regarding any dispute the Defendant had involving the Citibank, N.A. credit card, account number xxxxxxxxxxxx, or any charges incurred on it.

11. Copies of any and all documents that support your defense of lack or Failure of Consideration for the contract or transaction at issue in this action.

12. Copies of any and all documents that support your defense that the Plaintiff has failed to state a claim upon which relief may be granted.

13. Copies of any and all documents that support your defense that the Court lacks subject matter jurisdiction to hear this matter.

14. Copies of any and all documents that support your defense that the Plaintiff lacks standing to bring this action.

END

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