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Recieved Interrogatories, Request for Admissions and Notice to Produce - Please HELP!


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I answered their complaint with a basic denial, using Lack of standing to sue.

I just got these in the mail a few days ago and I need help. I typed up everything in word and copied it here for you all to review...

INTERROGATORIES:

Enclosed you will find an original and copies of Interrogatories, Request for

Admissions and Notice to Produce to be answered by you/your client within thirty days pursuant to the Rules of Special Civil Part. However, if this case is in the Law Division of the Superior Court, you will have sixty days to return

the Interrogatories and thirty days for the Request for Admissions and Notice to Produce. Please acknowledge receipt of these Interrogatories on the enclosed copy of this letter, and return it to me in the envelope provided.

It is important that the completed Interrogatories be returned within time. In the event that they are not, and I do not hear from you, I shall have to proceed under the Rules with the filing of a motion. I hesitate doing this, but I must protect the rights of my client. This is an attempt to collect a debt, and any information obtained will be used for that purpose.

1. State your full, correct name and any other name or nickname by which you have been known, social security number your present and complete residence address and business address.

2. State the name, nature, duration and place of each employment or occupation which you have had during two (2) years prior to this date.

3. State the name, occupation, business address and telephone number, residence address and telephone number of each person having knowledge of facts in this case together with a summary of the facts known by each such person.

4. State the name, occupation, business address and telephone number, residence address and telephone number of each witness you expect to call or rely upon in trial of this action, together with a summary of the matters to be testified about within the knowledge of each such witness.

5. Were there any conversations as to the liability of the parties or admissions by any other parties to this suit?

6. If so, state:

a) What was said by each of the parties in each conversation;

B) As to each conversation state the name and address of the person present when said conversation took place;

c) The date and place where said conversations occurred.

7. Did the defendant ever make any written complaints to the plaintiff?

8. If so, state:

a) The date that each of said complaints was made;

B) What was stated was to each of said complaints;

c) What was stated by the plaintiff in reply to each said complaint?

9. Did the defendant ever make any oral complaints to the plaintiff?

10. If so, state:

a) The date each of said complaint was made;

B) As to each of said occasions, what was said by the parties;

c) The place where said complaint(s) was made;

d) The names and addresses of all persons who were present when each of said conversations took place.

11. Did the defendant allege that the claim of the plaintiff in this suit has been partially or fully paid prior to the institution of suit?

12. If the answer to the preceding Interrogatory is yes, state:

a) The dates of each and every payment made by the defendant to the plaintiff;

B) The amount of each of said payments;

c) Whether each of said payments were by check or cash.

13. If payment was made in cash, state:

a) The name or other means of identifying the representative of the plaintiff who accepted the cash payment;

B) Whether the defendant has a receipt from the plaintiff for all such cash payments;

c) Attach to the answers to these Interrogatories, copies of all such receipts.

14. If payment was made by check or money order, state:

a) The name of the bank or other firm upon which the check or money order was drawn;

B) The name and address of the maker of the check or money order;

c) Attach to the answers to Interrogatories copies of all such cancelled checks or money order receipts.

15. Did the defendant claim that anyone other than the defendant is legally responsible in whole or in part for the payment of plaintiff’s claim?

16. If so, state:

a) The name or other means of identification of said other person, corporation or other form of business entity;

B) The present residence address or address of the principal office of said individual, corporation or other form of business entity;

c) The relationship between the defendant(s) and other responsible person, corporation or other form of business entity;

d) All facts known to the defendant indicating or tending to indicate that said other firm, corporation or other form of business entity is responsible to the plaintiff for the plaintiff’s claim in this suit.

17. Is the defendant indebted to the plaintiff in any amount?

18. If so, state:

a) the amount;

B) an itemization with respect to how said amount is computed.

19. Did the defendant sign a request to receive a credit card?

20. If so, state:

a) The date when said request was made;

B) To whom the request was made;

c) The names and addresses of all person who were present when said agreement was made.

21. Did the plaintiff and defendant enter into a written agreement?

22. If so, state:

a) The date of said agreement;

B) The names of said persons who signed said agreement;

c) All of the terms of said agreement;

d) Attach a copy of said agreement to these Interrogatories.

23. Did the defendant receive the credit card as requested? If so, when was said credit card received?

24. Did the defendant request convenience checks? If so, were said checks received?

25. Did defendant utilize the credit card? If so, state the dates and amounts of all purchases.

26. Did defendant utilize the convenience checks? If so, state the date and amount of each check to whom each check was given?

27. Did defendant receive monthly statements relating to credit card purchases and or cash advances and or convenience check usage?

28. If so, state:

a) The dates and addresses at which said statements were received.,

29. Did defendant ever orally or in writing object to said statements? If so, state the manner of said objection, the date(s) of said objection and to who said objection(s) were made.

30. Did the defendant or anyone on the defendant’s behalf ever communicate with the plaintiff by telephone with reference to the services or goods performed or supplied to the defendant.

31. If so, as to each of said telephone calls, state:

a) Date and time of said telephone call(s);

B) The name and address of the individual who made the telephone call(s);

c) The address and telephone number from which the telephone call(s) was made;

d) What was said by the caller;

e) What was said by the person called.

32. Attach to the Answers to these Interrogatories, a copy of each and every document:

a) Upon which the defendant relies in whole or in part in answering these Interrogatories;

B) Which the defendant expects to offer in evidence upon the trial of this action.

33. Did the plaintiff ever make a demand for payment?

34. If so, for each demand state:

a) The date of said demand;

B) The place of said demand’

c) Whether payment was made for said demand.

35. Did the defendant ever refuse a demand for payment?

36. For each demand refused, state:

a) The date of said refusal;

B) The place of said refusal;

c) The name and address of each person who was present at the time of said refusal.

37. For each demand refused, state the factual basis for the refusal.

38. State with particularity the factual basis for the defendant’s defenses.

(they skipped #39)

39. State each and every defense that the defendant asserts or intends to assert in this action and as to each of said defenses, the full complete factual basis for each of said defenses including the particulars and all relevant facts.

REQUEST FOR ADMISSIONS

REQUEST is hereby made by the plaintiff of the defendant(s) for the admission of the genuineness of the documents and the truth of the matters hereinafter set forth, for the purpose of the pending action only, within 30 days after service hereof upon you.

TAKE NOTICE that if you fail to do so each of the matters as to which an admission is requested shall be deemed admitted, unless by the above mentioned time, you have acted or otherwise moved with regard to this request in accordance with the provisions of Court Rule 4:22 (Special Civil Part Rule 6:4-3©).

1. Defendant requested a credit card from Plaintiff or it’s assignor.

2. The plaintiff or it’s assignor delivered a credit card to defendant, as agreed, and said credit card was received by defendant.

3. The defendant agreed to pay for the goods that were charged.

4. The defendant has not returned the credit card nor has any offer to tender or return the credit card been made by defendant to plaintiff.

5. The defendant has not offered to return any of the goods or services purchased with the credit card.

6. The statement of account accurately sets forth the recording of the transactions between defendant and plaintiff and of the true amount due and owing from plaintiff to defendant.

7. All credits and setoffs if any, have been allowed to defendant from plaintiff.

8. The sum of $****.** as claimed in the complaint, plus interest, is still due and owing from the defendant to the plaintiff.

9. There are no valid defenses, counterclaims, or setoffs to this suit which can be set up by defendant against the plaintiff.

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NOTICE TO PRODUCE

PLEASE TAKE NOTICE that within the time permitted by the rules, at the offices of ***, (address), pursuant to R.4:18-1, you are requested to produce the documents listed on Schedule “A” attached hereto.

SCHEDULE “A”

1. All documents, records, or things upon which defendant intends to rely at trial.

2. Any and all documents relating to plaintiff’s claim herein, including, but not limited to, letters, memorandums, reports, notes, records, studies, graphs, data sheets, interoffice communications, internal records of (my name here), relating in any manner to the present litigation.

3. Any and all documents relating to plaintiff’s claim herein, including, but not limited to, letters, memorandums, reports, notes, records, studies, graphs, data sheets, interoffice communications, internal records of (my name here), relating in any manner to any work performed by other individuals and/or entities, which the defendant alleges should have been performed by the plaintiff, or were wrongfully performed by plaintiff.

4. Any and all documents relating to plaintiff’s claim herein, including, but not limited to, letters, memorandums, reports, notes, records, studies, graphs, data sheets, inter-office communications, internal records of (my name here), relating in any manner to any documentation regarding any third-party/counterclaim filed by defendant.

That is exactly what I received. Please help me! Thank you!

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Yes, object to the whole thing as overly burdensome and complain that within each question the plaintiff asks several more questions compounding the ability to answer. the Plaintiff asked 39 questions and within each question the Plaintiff asked 3 more questions that 117 questions and beyond the scope for the number of allowable questions.

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Sorry, for posting a new thread. It's in Special Civil. I knew they only had 5 questions and thought it was out of control what they sent to me.

How should I answer this without throwing out too much info? Thanks for your replies!

Edited by secretagent007
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Well if they only get five requests, I can't imagine any other response but objecting, as BT0429 stated.

Those requests have multiple questions and responses in them.

Personally, I'd seek a protective order from the court and force the other side to even get permission to contact you due to this obvious harassment.

On a side note, are you saying they sent you this request.

2. Any and all documents relating to plaintiff’s claim herein, including, but not limited to, letters, memorandums, reports, notes, records, studies, graphs, data sheets, interoffice communications, internal records of (my name here), relating in any manner to the present litigation.

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Well if they only get five requests, I can't imagine any other response but objecting, as BT0429 stated.

Those requests have multiple questions and responses in them.

Personally, I'd seek a protective order from the court and force the other side to even get permission to contact you due to this obvious harassment.

On a side note, are you saying they sent you this request.

2. Any and all documents relating to plaintiff’s claim herein, including, but not limited to, letters, memorandums, reports, notes, records, studies, graphs, data sheets, interoffice communications, internal records of (my name here), relating in any manner to the present litigation.

I wasn't aware I could seek a protection order. Hmm, i will have to look inot that. And yes, they did send me that request.

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Enclosed you will find an original and copies of Interrogatories, Request for

Admissions and Notice to Produce to be answered by you/your client within thirty days pursuant to the Rules of Special Civil Part.

Really? Did you read the Rules you cite, you dunderhead?

I shall have to proceed under the Rules with the filing of a motion.

I can't wait.

This is comical, it's so out of line. Me, I wouldn't answer their discovery. I'd make them file their stupid motion, then I'd ask for oral argument. I'd make them explain to a judge how they can send 30 rogs and 9 RFAs when the Rules they are threatening you with only allow 5, and expect an answer. I don't think you have an obligation to object considering the fact that you don't have an obligation to answer improper discovery at all.

You could answer the document requests since there are only four. One answer for all 4. Defendant has none of the requested documents but reserves the right to amend per the rules of civil procedure.

You may even get some money out of this.

If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party opposing the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

Edited by legaleagle
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Enclosed you will find an original and copies of Interrogatories, Request for

Admissions and Notice to Produce to be answered by you/your client within thirty days pursuant to the Rules of Special Civil Part.

Really? Did you read the Rules you cite, you dunderhead?

I shall have to proceed under the Rules with the filing of a motion.

I can't wait.

This is comical, it's so out of line. Me, I wouldn't answer their discovery. I'd make them file their stupid motion, then I'd ask for oral argument. I'd make them explain to a judge how they can send 30 rogs and 9 RFAs when the Rules they are threatening you with only allow 5, and expect an answer. I don't think you have an obligation to object considering the fact that you don't have an obligation to answer improper discovery at all.

You could answer the document requests since there are only four. One answer for all 4. Defendant has none of the requested documents but reserves the right to amend per the rules of civil procedure.

You may even get some money out of this.

If the motion is denied, the court shall, after opportunity for hearing, require the moving party to pay to the party opposing the motion the reasonable expenses incurred in opposing the motion, including attorney's fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

Wow, thank you Legaleagle! I'm not familiar with Motions and how that works, so I didn't think it would be good if they filed one against me.

Back to the Interrogatories..I really like your suggestion. I don't feel obligated (nor do I have the time), to answer all of that garbage. So, I will most likely answer those 4 questions. Another thing, should I send them my own set of questions requesting a contract or evidence that they own the account? They haven't shown me anything yet.

Thanks for your help! I will keep you posted (here) when I receive anymore correspondence from them.

Edited by secretagent007
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I'm back and need help...

While digging and doing some more research, I found this regarding the NJ Rules for Special Civil Part:

"If you file in Special Civil Part, you can serve Requests for Interrogatories in the same manner as if you filed in the Law Division. R. 6:4-3(a). That is, generally, you can ask as many as you want, as long as there is no court order to the contrary. R. 4:17-1, which is incorporated into the Special Civil rules.

There are 2 exceptions: (i) If it's a personal injury case, then the parties answer the Form Interrogatories, and each side gets to ask up to 10 more; (ii) If you filed in special civil but you're seeking $3K or less in damages, then each side only gets to ask 5 (since it's cognizable in small claims).

It doesn't matter how you phrase the interrogatories; the limit is what the limit is."

...which brings me to my next question...the amount is a bit over $3K, so am I required to answer all of those ROGS, RFA's and PODs??? It sounds like there isn't a limit of 5 questions in this case. Someone please help! I need to send this back to them tomorrow.

Edited by secretagent007
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File a motion for a protective order and sanctions...117 questions exceeds the 5 allowed per court rule.

The other side would need leave (permission) of the court to exceed the 5 allowed.

That's what a few people wrote here, but I found this and wasn't sure:

"If you file in Special Civil Part, you can serve Requests for Interrogatories in the same manner as if you filed in the Law Division. R. 6:4-3(a). That is, generally, you can ask as many as you want, as long as there is no court order to the contrary. (There isn't) R. 4:17-1, which is incorporated into the Special Civil rules.

There are 2 exceptions: (i) If it's a personal injury case, then the parties answer the Form Interrogatories, and each side gets to ask up to 10 more; (ii) If you filed in special civil but you're seeking $3K or less in damages, then each side only gets to ask 5 (since it's cognizable in small claims).

The amount they are sueing me for is over $3k...so would I have to answer everything?

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That's what a few people wrote here, but I found this and wasn't sure:

"If you file in Special Civil Part, you can serve Requests for Interrogatories in the same manner as if you filed in the Law Division. R. 6:4-3(a). That is, generally, you can ask as many as you want, as long as there is no court order to the contrary. (There isn't) R. 4:17-1, which is incorporated into the Special Civil rules.

There are 2 exceptions: (i) If it's a personal injury case, then the parties answer the Form Interrogatories, and each side gets to ask up to 10 more; (ii) If you filed in special civil but you're seeking $3K or less in damages, then each side only gets to ask 5 (since it's cognizable in small claims).

The amount they are sueing me for is over $3k...so would I have to answer everything?

If your case fits the rule, you might need to answer everything. I would contact an attorney just to ask that question. Some attorneys will give a quick answer over the phone. Read the line at the bottom of my post.

Edited by BV80
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