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Interrogatories Responses to Citibank *Please Critique*


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Please Review & Critique These Interrogatories

*** Please review and critique these interrogatories responses, I appreciate your help:

INTERROGATORY NUMBER 1

Did you submit a request for a credit account to CITIBANK, N.A.?

RESPONSE TO INTERROGATORY NUMBER 1

Defendant has not submitted any oral or written request to Plaintiff for the alleged CREDIT ACCOUNT in the subject matter of Plaintiff's complaint. Defendant denies the Plaintiff’s allegation and demands strict proof thereof.

INTERROGATORY NUMBER 2

Did CITIBANK, N.A. issue a credit account in your name?

RESPONSE TO INTERROGATORY NUMBER 2

Defendant has no knowledge of the alleged CREDIT ACCOUNT with Plaintiff. Defendant denies the Plaintiff’s allegation and demands strict proof thereof.

INTERROGATORY NUMBER 3

State the approximate date you opened THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to your by CITIBANK, N.A. account number xxxx).

RESPONSE TO INTERROGATORY NUMBER 3

OBJECTION: Defendant objects to this interrogatory as it is argumentative and lacking in foundation. Assumes facts not in evidence concerning Defendant opened the alleged CREDIT ACCOUNT. Without waiving the prior objection, the Defendant has no knowledge of any dates in which Plaintiff alleged Defendant open alleged CREDIT ACCOUNT in the subject matter of Plaintiff's complaint. Defendant denies the Plaintiff’s allegation and demands strict proof thereof.

INTERROGATORY NUMBER 4

IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to state the name, address, and telephone number) of each and every person other than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT.

RESPONSE TO INTERROGATORY NUMBER 4

Defendant has no knowledge of any person or Defendant herself who has ever had possession of any credit card for the alleged CREDIT ACCOUNT in the subject matter of Plaintiff's complaint. Defendant denies the Plaintiff’s allegation and demands strict proof thereof.

INTERROGATORY NUMBER 5

IDENTIFY each and every person who you ever authorized to use THE CREDIT ACCOUNT.

RESPONSE TO INTERROGATORY NUMBER 5

Defendant has no knowledge of any person that Defendant had given authorizations to act on behalf of the Defendant in which is the subject matter of Plaintiff's complaint to the alleged CREDIT ACCOUNT.

INTERROGATORY NUMBER 6

Did you use THE CREDIT ACCOUNT CITIBANK, N.A. issued you?

RESPONSE TO INTERROGATORY NUMBER 6

OBJECTION: Defendant objects to this interrogatory as it is argumentative and lacking in foundation. Assumes facts not in evidence concerning Plaintiff issued the alleged CREDIT ACCOUNT to Defendant. Without waiving the prior objection, Defendant must deny any use of the alleged CREDIT ACCOUNT issued by Plaintiff. Defendant denies the Plaintiff’s allegation and demands strict proof thereof.

INTERROGATORY NUMBER 7

Is $xxxx, the amount set forth in the complaint in this case as the sum owed as of January 3, 2012, your balance due as of that date on THE CREDIT ACCOUNT?

RESPONSE TO INTERROGATORY NUMBER 7

OBJECTION Calls for a legal conclusion best left to the trier of fact. No admissible evidence supporting the claimed balance has been submitted. Without waiving the prior objection, Defendant avers that she owes plaintiff not one penny in regard to the alleged CREDIT ACCOUNT.

INTERROGATORY NUMBER 8

If you do not agree that $xxxx, the amount set forth in the complaint in this case as the sum owed, is your balance due as of that date on THE CREDIT ACCOUNT, state all the facts upon which you base your denial that the sum of $xxxx is your balance due as of that date on THE CREDIT ACCOUNT.

RESPONSE TO INTERROGATORY NUMBER 8

OBJECTION Calls for a legal conclusion best left to the trier of fact. No admissible evidence supporting the claimed balance has been submitted. Without waiving the prior objection, Defendant owes Plaintiff nothing, zero, not a penny, no sum, any amount, is not indebted to Plaintiff, and has no obligation owed the Plaintiff. Defendant denies the Plaintiff’s allegation and demands strict proof thereof.

INTERROGATORY NUMBER 9

Did you ever report to CITIBANK, N.A. (for the purposes for these interrogatories, CITIBANK, N.A. shall mean and refer to CITIBANK, N.A., and/or its predecessor, if any, and/or any collection agent or agency purporting to represent CITIBANK, N.A., as to this account) that the credit card for THE CREDIT ACCOUNT was lost or stolen?

RESPONSE TO INTERROGATORY NUMBER 9

OBJECTION request asks for the Defendant to draw a legal conclusion as to predecessor in interest. Determining if the Plaintiff is the predecessor in interest of the alleged CREDIT ACCOUNT and alleged debt is a matter for trial. Without waiving the objection, Defendant denies any reporting to Plaintiff or the alleged predecessor in interest since Defendant had never claim to have possession of any credit card of the alleged CREDIT ACCOUNT. Please see response to INTERROGATORY NUMBER 4.

INTERROGATORY NUMBER 10

Did you ever report in writing to CITIBANK, N.A. that there was any problem with THE CREDIT ACCOUNT, which problem remains unresolved?

RESPONSE TO INTERROGATORY NUMBER 10

Defendant is currently researching their records; based on current information and belief the Defendant denies any reporting in writing to Plaintiff since Defendant had no knowledge of the alleged CREDIT ACCOUNT exist at the time and, therefore, Defendant were unaware of any problem remains unresolved.

INTERROGATORY NUMBER 11

Did you receive monthly statements from CITIBANK, N.A. regarding THE CREDIT ACCOUNT?

RESPONSE TO INTERROGATORY NUMBER 11

Defendant states to the best of Defendants knowledge based on the information provided and after a reasonable review of Defendant's records, no statements were received from Plaintiff in regard to the alleged CREDIT ACCOUNT, nor has proof of the delivery been provided.

INTERROGATORY NUMBER 12

State the approximate date of your last payment on THE CREDIT ACCOUNT.

RESPONSE TO INTERROGATORY NUMBER 12

Any payment dates made to the alleged CREDIT ACCOUNT are assumedly already known to plaintiff through its business records. Defendant is currently researching her records; however, based on current information and belief the Defendant has made no payment history with Plaintiff therefore no payment dates for the Plaintiff. Defendant has no recollection of making any payments to Plaintiff’s alleged CREDIT ACCOUNT, nor has proof of the any payments been provided.

INTERROGATORY NUMBER 13

Have you ever corresponded with CITIBANK, N.A. in writing regarding THE CREDIT ACCOUNT?

RESPONSE TO INTERROGATORY NUMBER 13

Defendant is currently researching their records; based on current information and belief the Defendant had sent out two (2) debt validation letters dated February 24, 2012 and April 1, 2012 respectively to Plaintiff C/O Attorney of Record in regard to Plaintiff’s alleged CREDIT ACCOUNT. The letters was based upon Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested. Furthermore, Defendant served a demand for BILL OF PARTICULARS dated April 18, 2012 in pursuant to Code of Civil Procedure § 454. However, Plaintiff has not responded to any correspondents to Defendant in regard to the alleged CREDIT ACCOUNT.

INTERROGATORY NUMBER 14

State all facts upon which your base your denial of the complaint in this action.

RESPONSE TO INTERROGATORY NUMBER 14

Defendant owes Plaintiff nothing, zero, not a penny, no sum, any amount, is not indebted to Plaintiff, and has no obligation owed the Plaintiff. The burden of proof is on Plaintiff to justify legal action against Defendant.

INTERROGATORY NUMBER 15

State all facts upon which your base each affirmative defense to the complaint in this action.

RESPONSE TO INTERROGATORY NUMBER 15

Responding party asserted a number of affirmative defenses on information and belief in order to preserve the defenses should discovery and investigation reveal circumstances supporting the affirmative defense.

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I have read all the response you have given, and you have admitted nothing at this point. I will say the "lack of knowledge" defense will likely get you through the discovery phase.

Understand that you will not win with this as a long term strategy, you will eventually need to find a hole in there case.

Many times finding this hole can only happen once they have provided you with the evidence. As stated in your other thread, very rarely is it in discovery as the courts would prefer.

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