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Interrogatories, admissions, and documents


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Hello all! I had a previous thread that many of you helped me formulate my answer. I have now received my Interrogatories and such. I was hoping you would do the same and help me formulate answers for this also. The OC was Chase but the JDB is Midland. I will list the questions below.

1. State your full name, current address, SSN, DOB, and phone number

2. Provide the names, address and telephone numbers of all person who assisted you in responding to these combined interrogatories, requests for admissions and requests for production of documents.

3. Provide any other legal names by which you may have been known.

4. Identify your current employer, job title, and length of employment at your current job.

5. Admit you applied for credit with Chase Bank USA

6. If you deny request for Admission No. 5 please state, with particularity, the basis for such denial.

7. Admit the account was opened on June X, 20XX

8. If you deny request for Admission No. 7 please state, with particularity, the basis for such denial.

9. Admit that you used the credit card described herein to make purchases.

10. If you deny request for Admission No. 9 please state, with particularity, the basis for such denial.

11. Admit you received periodic statements for the account.

12. If you deny request for Admission No. 11 please state, with particularity, the basis for such denial.

13. Admit that you were responsible to pay the total balance due on the account, including interest, as prayed for in Plaintiff's request.

14. If you deny request for Admission No. 13 please state, with particularity, the basis for such denial.

15. Admit that not all payments on the account were made in a timely manner.

16. If you deny request for Admission No. 15 please state, with particularity, the basis for such denial.

17. Admit you failed to pay the total amount due on the account.

18. If you deny request for Admission No. 17 please state, with particularity, the basis for such denial.

19. Admit the Plaintiff is now the owner of the account, having acquired all right, title & interest in the unpaid credit card debt.

20. If you deny request for Admission No. 19 please state, with particularity, the basis for such denial.

21. Admit the balance now due and owing on the account is the amount prayed for in the Plaintiff's complaint.

22. If your answer to request for admission no. 21 is a denial, state the amount which you admit is currently due and owing and fully explain your reasons why this amount is due and owing rather than the amount set forth in Plaintiff's complaint.

23. State with particularity the basis of any denials stated in your answer to Plaintiffs complaint.

24. State, with particularity, the basis of any affirmative defenses asserted in your answer to plaintiff's complaint.

25. Produce copies of any and all documents that you plan to introduce at any trial or hearing on this matter.

26. Identify all individuals with direct knowledge of this matter, as well as those individuals you intend to call as a witness at any trial or hearing in this matter.

27. Prodcue any and all written documents currently in the possession of Defendant and/or agent relative to the account in question, including, but not limited to letters, notes pertaining to phone calls, cancelled checks, statements, agreements or any other written correspondence or evidence establishing that you do not owe the balance as prayed for in Plaintiff's complaint.

Any and all help is appreciated.

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Hello all! I had a previous thread that many of you helped me formulate my answer. I have now received my Interrogatories and such. I was hoping you would do the same and help me formulate answers for this also. The OC was Chase but the JDB is Midland. I will list the questions below.

1. State your full name, current address, SSN, DOB, and phone number

2. Provide the names, address and telephone numbers of all person who assisted you in responding to these combined interrogatories, requests for admissions and requests for production of documents.

3. Provide any other legal names by which you may have been known.

4. Identify your current employer, job title, and length of employment at your current job.

5. Admit you applied for credit with Chase Bank USA

6. If you deny request for Admission No. 5 please state, with particularity, the basis for such denial.

7. Admit the account was opened on June X, 20XX

8. If you deny request for Admission No. 7 please state, with particularity, the basis for such denial.

9. Admit that you used the credit card described herein to make purchases.

10. If you deny request for Admission No. 9 please state, with particularity, the basis for such denial.

11. Admit you received periodic statements for the account.

12. If you deny request for Admission No. 11 please state, with particularity, the basis for such denial.

13. Admit that you were responsible to pay the total balance due on the account, including interest, as prayed for in Plaintiff's request.

14. If you deny request for Admission No. 13 please state, with particularity, the basis for such denial.

15. Admit that not all payments on the account were made in a timely manner.

16. If you deny request for Admission No. 15 please state, with particularity, the basis for such denial.

17. Admit you failed to pay the total amount due on the account.

18. If you deny request for Admission No. 17 please state, with particularity, the basis for such denial.

19. Admit the Plaintiff is now the owner of the account, having acquired all right, title & interest in the unpaid credit card debt.

20. If you deny request for Admission No. 19 please state, with particularity, the basis for such denial.

21. Admit the balance now due and owing on the account is the amount prayed for in the Plaintiff's complaint.

22. If your answer to request for admission no. 21 is a denial, state the amount which you admit is currently due and owing and fully explain your reasons why this amount is due and owing rather than the amount set forth in Plaintiff's complaint.

23. State with particularity the basis of any denials stated in your answer to Plaintiffs complaint.

24. State, with particularity, the basis of any affirmative defenses asserted in your answer to plaintiff's complaint.

25. Produce copies of any and all documents that you plan to introduce at any trial or hearing on this matter.

26. Identify all individuals with direct knowledge of this matter, as well as those individuals you intend to call as a witness at any trial or hearing in this matter.

27. Prodcue any and all written documents currently in the possession of Defendant and/or agent relative to the account in question, including, but not limited to letters, notes pertaining to phone calls, cancelled checks, statements, agreements or any other written correspondence or evidence establishing that you do not owe the balance as prayed for in Plaintiff's complaint.

Any and all help is appreciated.

OK this is ridiculous. No 1 should be in Plaintiff's records, 2,3 & 4 are none of their business. 5-22 Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request. No 23: Well Mr Junk Debt Buyer, you haven't even proven with admissible evidence that you even own this alleged debt. No 24 No Standing has been established for you to sue anybody Mr Junk Debt Buyer. No 25: I have no documents to provide. No 26: I have no witnesses. No 27: I have no documents to produce. If you own the debt as you declared when filing this suit, you should have all the documents you need in your custody. Otherwise, you may be in violation of the FDCPA by filing a false suit.

See alleged debtors, they don't have the appropriate evidence that they own YOUR PARTICULAR ACCOUNT, with a specific bill of sale and they want you to come to their rescue. How can you admit anything when you have not been presented with a bill of sale DIRECTLY stating the original creditor sold your account to them for this price on this date!! Not some ridiculous bill of sale of a bulk bundle of debts that they try to pass off as their evidence lol......... Heck they haven't even presented that in this case, what did they produce?? One monthly statement as evidence that they own this debt?? C'mon!!!!!!!!!!!!!!!!!!!!!

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You can answer #1. Yes, it should be in their records, but if you state it should be in their records, you could appear snarky, and judges don't like that.

Be careful with #5. They provided a cc statement. If the judge were to ask you if that was your account, you have to tell the truth. If you deny it in the admissions, but have to admit it to the judge, you could have a problem.

19. Denied.

20. Plaintiff has provided no evidence of ownership of the alleged account which is the subject of Plaintiff's Complaint.

24. What were your affirmative defenses?

Edited by BV80
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I didn't use any affirmative defenses because based on what people here said. I reserved the right to add them later.

I suppose you could answer that one by stating "Defendant has not yet raised any affirmative defenses."

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1. State your full name, current address, SSN, DOB, and phone number

Skoal17 2222 Hippo lane. OBJECTION. Further information is irrelevant to the proceedings and an invasion of privacy to the defendant

2. Provide the names, address and telephone numbers of all person who assisted you in responding to these combined interrogatories, requests for admissions and requests for production of documents.

None

3. Provide any other legal names by which you may have been known.

None

4. Identify your current employer, job title, and length of employment at your current job.

OBJECTION. Question is irrelevant to the proceedings and an invasion of the defendant's privacy

5. Admit you applied for credit with Chase Bank USA

ADMIT (I also had another chase card that was kept up to date and paid in full so I'm not giving myself up I don't think)

6. If you deny request for Admission No. 5 please state, with particularity, the basis for such denial.

N/A

7. Admit the account was opened on June X, 20XX

Deny

8. If you deny request for Admission No. 7 please state, with particularity, the basis for such denial.

Defendant is without sufficient information to acknowledge statement as true

9. Admit that you used the credit card described herein to make purchases.

Deny

10. If you deny request for Admission No. 9 please state, with particularity, the basis for such denial.

Defendant is without sufficient information to acknowledge statement as true

11. Admit you received periodic statements for the account.

Deny

12. If you deny request for Admission No. 11 please state, with particularity, the basis for such denial.

Receipt of statements or any other documents connected to the instant action is a matter for plaintiff to prove at trial. Defendant denies receipt of any such statements.

13. Admit that you were responsible to pay the total balance due on the account, including interest, as prayed for in Plaintiff's request.

Deny

14. If you deny request for Admission No. 13 please state, with particularity, the basis for such denial.

Defendant is without sufficient information to acknowledge statement as true

15. Admit that not all payments on the account were made in a timely manner.

Deny

16. If you deny request for Admission No. 15 please state, with particularity, the basis for such denial.

Defendant is without sufficient information to acknowledge statement as true

17. Admit you failed to pay the total amount due on the account.

Deny

18. If you deny request for Admission No. 17 please state, with particularity, the basis for such denial.

Defendant is without sufficient information to acknowledge statement as true

19. Admit the Plaintiff is now the owner of the account, having acquired all right, title & interest in the unpaid credit card debt.

Deny

20. If you deny request for Admission No. 19 please state, with particularity, the basis for such denial.

Defendant is without sufficient information to acknowledge statement as true

21. Admit the balance now due and owing on the account is the amount prayed for in the Plaintiff's complaint.

OBJECTION

22. If your answer to request for admission no. 21 is a denial, state the amount which you admit is currently due and owing and fully explain your reasons why this amount is due and owing rather than the amount set forth in Plaintiff's complaint.

Defendant cannot acknowledge an amount due when there is nothing appended to prove otherwise

23. State with particularity the basis of any denials stated in your answer to Plaintiffs complaint.

The Plaintiff has not produced any evidence to prove that they are the owners of the account

24. State, with particularity, the basis of any affirmative defenses asserted in your answer to plaintiff's complaint.

Defendant has not yet raised any affirmative defenses

25. Produce copies of any and all documents that you plan to introduce at any trial or hearing on this matter. ???

26. Identify all individuals with direct knowledge of this matter, as well as those individuals you intend to call as a witness at any trial or hearing in this matter. ???

27. Prodcue any and all written documents currently in the possession of Defendant and/or agent relative to the account in question, including, but not limited to letters, notes pertaining to phone calls, cancelled checks, statements, agreements or any other written correspondence or evidence establishing that you do not owe the balance as prayed for in Plaintiff's complaint. ????

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I would deny #21. Since you've denied the account in your other responses, your explanation in #22 doesn't make sense. If a document with an amount was appended, would you all of a sudden admit to the balance?

For your explanations, I might state: "After conducting a reasonable search, Defendant is without sufficient information to acknowledge statement as true."

For 25 & 26, I'd state "None at this time."

For 27, "Defendant is searching his records and will respond if any such documents are located."

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  • 2 months later...

I put this in the wrong thread before.

Midland requested a continuance for 90 days. They then sent a 2nd set of discovery. I was hoping someone could help me with the wording of my answers

The questions for this discovery are:

1. Admit that at no time did you ever contact Chase to dispute a transaction appearing on your periodic statement.

2. If you deny Request for Admission 1. Please identify the following:

a. The dollar amount disputed

b. The date the disputed transaction was incurred

c. The merchant to whom the disputed dollar amount was paid.

d. The date you contacted the creditor to dispute the transaction.

3.Provide copies of all correspondence sent to Chase pertaining to any disputed transactions.

4. Provide copies of all correspondence sent to you by Chase pertaining to dispute claims.

5.Please identify all financial institutions at which you held checking or savings accounts from August 20xx to January 20xx including:

a. Name of financial institution

b.the address for the branch at which account was opened

c.the date the account was opened.

d. whether the account was a checking or savings account

e. The account number.

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They have mixed ROGs, RFA and RFD into one document. This is usually not allowed because it makes a mess of things like you see here. I would review your rules to see if they are allowed to combine them like this.

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