Answer to Midlands Request to Produce-critique

[backinthe50's]

Submitting these answers to "Request to Produce" from Midland tomorrow. Any advice welcomed. I denied the validity of the debt in my initial response to them.

1. All billing statements received from CHASE BANK USA, N.A. HERITAGE BANK ONE.

A. Defendant denies knowledge of the alleged account and therefore would have no such statements.

2. All billing statements received from the Plaintiff.

A. Defendant has already stated she has no knowledge of the alleged account and would have no such statements.

3. All cancelled checks, evidencing payments by Defendant to the Plaintiff and/or Chase bank USA on the account in suit.

A. Defendant has no such records.

4. All contracts, agreements, and memoranda of agreement between you and the CHASE BANK USA and/or the Plaintiff.

A. Defendant has no such documents.

5. All correspondence received by the Defendant from CHASE BANK USA and/or the Plaintiff.

A. Defendant has no such correspondence.

6. All correspondence sent by the Defendant to CHASE BANK USA and/or the Plaintiff.

A. Defendant has no such correspondence.

7.Defendant's entire file concerning the matter which is herein in controversy.

A. Defendant has no such file.

8. Defendant's account payable ledger or book or record, kept in the usual coarse of Defendant's business, pertaining to the account of the Defendant with plaintiff.

A. Defendant has already stated she has no knowledge of the alleged account and has no such records.

9. Any written objections sent by Defendant to CHASE BANK USA and/or the Plaintiff regarding the exhibits to the Complaint, if applicable.

A. None

10. Any written notification sent by defendant to CHASE BANK USA and/or the Plaintiff claiming any objections to the charges to your account.

A. Defendant has already stated she has no knowledge of the alleged account therefore would have no such notifications.

11. All documents identified in the interrogatories filed with this Request to Produce.

A. No such documents were identified, therefore defendant has no such obligation.

12. All documents which would evidence why Defendant(s) failed to pay the debt as alleged in the Complaint.

A. Defendant has no such documents as Defendant has already stated she has no knowledge of the alleged account with the alleged debt.

13. All documents evidencing that Defendant(s) do not owe the money alleged in Plaintiff's Complaint.

A. Defendant has no such documents as Defendant has no knowledge of this alleged account or monies owed.

14.All documents evidencing payments made by defendant(s) on this account.

A. defendant has already stated she has no knowledge of this alleged account and, therefore would have no such documents.

That's it-short and hopefully to the point without too many errors or repeats. Suggestions?

[nobk4me]

I think it looks good. Did they include any other types of discovery, such as interrogatories or requests for admissions?

It is especially important to deny their requests for admissions within the time limit provided. If not denied, they will be deemed admitted.

[Coltfan1972]

I like how you are right to the point. So many people get tripped up on questions like 12, 13, 14 and will want to go into a page long defense on why they don't have documents.

With that said, while I agree they are good answers, I'd even shorten # 1&2 to just read, none, or defendant has none. I don't even think you need the very short explanation you did give.

Overall, good to see you did not fall into their trap of flipping the burden to yourself to prove you don't owe them. Your answers might appear to really help them, because you have no evidence. However, why would you have evidence of something that is not yours or you have no knowledge of.

Make them even shorter and to the point, but they are by far not wrong, IMHO.

[Huey Pilot]

Short answers are best.

You should however, check the Florida Rules of Civil Procedure to confirm that your in compliance with the rules for discovery request responses.

You don't want sanctions for failure to file proper responses.

HP

[backinthe50's]

Hey Nobk4me-Thanks-you too Coltfan. Yes, I have just posted 6 of the 20 Admissions and then I have the Interrogatorries. Starting to get a bit confused on these Admissions-taking a break. Huey-looking up law now.

Thanks all.