Advice on Reponses to Requests for Admissions Etc

[smartxaz]

I am looking for feedback on my Responses to Plaintiff’s Request that are due next week. Thanks in advance for any all suggestions.

DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR ADMISSIONS - FIRST SET

COMES NOW Defendant, pro se, pursuant to Rule 36, Arizona Rules of Civil Procedure, hereby discloses the following and certifies that such disclosure includes all information currently within Defendant’s possession, custody or control, as well as any information which can be determined, learned or obtained by reasonable investigation:

1. That the above named Defendant(s) are resident(s) in the county in which suit was filed?

Response: Admit.

2. That the above named Defendant(s), or by and through their duly authorized employees, agents or representatives, or apparent agents or employees, requested the original provider of merchandise or service to furnish said Defendant or Defendants, with the merchandise or services as set forth in the Complaint herein.

Response: Objection: Based on information known or readily available, Defendant lacks sufficient information and belief as to the occurrence of said event as it is vague and ambiguous. However, without waiving said objection, response is Deny.

3. That the above named Defendant(s) signed an acceptance of or authorization for the merchandise or services as set forth in the Complaint herein.

Response: Deny.

4. That original provider delivered the merchandise or services as set forth to said Defendant(s).

Response: Deny.

5. Defendant(s) accepted the merchandise or services as set forth.

Response: Deny.

6. By signing each or any of the above named documents, under the terms of the applicable agreement, defendant became bound to pay for the merchandise or services, plus any additional charges provided for in such agreement.

Response: Objection: Defendant reaffirms response to RFA No. 2 above and, therefore, this request is improper. Further, assumes facts not in evidence such as referenced agreement. However, without waiving said objection, response is Deny.

7. The original provider reserved the right to assign, sell,

or transfer, the account under the terms and conditions of the applicable agreement.

Response: Objection: The term "Account" is vague and ambiguous in the context of this litigation. Further, the factualness of said rights in the request call for a conclusion and Complaint is devoid of facts that would enable Defendant to admit or deny this request. However, without waiving said objection, response is Deny.

8. The account was assigned, sold or transferred to Plaintiff, and pursuant to the terms and conditions of the applicable agreement Plaintiff has the right to pursue all legal remedies.

Response: Objection: Defendant reaffirms response to RFA No. 7 above. Additionally, Plaintiff has provided no authenticated evidence of the alleged account or the legal ownership of said account. However, without waiving said objection, response is Deny.

9. Defendant(s) have failed to pay some or all of charges on the account.

Response: Objection: Defendant reaffirms response to RFA No. 7 above. Further, Plaintiff has provided no authenticated evidence of the alleged account. However, without waiving said objection, response is Deny.

10. Defendant has received invoices and/or statements indicating amounts due on the account.

Response: Deny.

11. That the sum as alleged in Plaintiff(s)’ Complaint is presently justly due and owing, plus accruing interest or such other finance charges, to the Plaintiff(s) from the Defendant or Defendants herein.

Response: Deny.

12. Defendant(s) have made no payments on the account since.

Response: Objection: The term "Account" is vague and ambiguous in the context of this litigation and Complaint is devoid of facts that would enable Defendant to admit or deny this request. However, without waiving said objection, response is Deny.

13. Defendant(s) received a letter from Plaintiff’s attorney requesting payment of the account at least 45 days prior to being served with the original complaint.

Response: Objection: Defendant is unable to admit or deny the misleading and compound request. However, without waiving said objection, response is Deny.

Additional requests on next post.

[smartxaz]

DEFENDANT’S RESPONSES TO PLAINTIFF’S NON-UNIFORM INTERROGATORIES - FIRST SET

Pursuant to Rule 33, Arizona Rules of Civil Procedure, Defendant does hereby respond to the Non-Uniform Interrogatories, First Set, propounded by Plaintiff as follows:

GENERAL OBJECTIONS

Defendant expressly reserves the right to supplement these responses if additional information is later identified. By responding to any interrogatory, defendant does not concede the materiality of the subjects to which it refers. By providing the following answers, defendant does not waive, and hereby expressly reserves her right to assert any and all objections as to the admissibility of such answers into evidence at the trial of this action, or in any other proceedings, on any and all grounds, including, but not limited to, competency, relevancy, materiality, and privilege.

1. State each of your full legal names and any and all names by which you have been known or which you have ever used.

Response: Objection: The request is irrelevant to this case. Plaintiff is already aware of Defendant’s legal name currently and on any date set forth in the Complaint.

2. State all addresses at which you have resided during the past five (5) years and the length of time at each address, including the dates and years when you moved in and when you moved to the subsequent or new address.

Response: Objection: The request is irrelevant to this litigation. Plaintiff is already aware of Defendant’s address currently and on any date set forth in the Complaint.

3. List all businesses and addresses thereof with which you have been employed or otherwise associated during the past five (5) years, specifying the dates and years, and beginning and ending dates.

Response: Objection: The request is irrelevant to this litigation. Defendant finds no valid reason for Plaintiff to request such information.

4. Do you claim any errors or offsets in the sums allegedly owed or documents disclosed in Plaintiff(s)’ Initial or Supplemental Disclosure?

Response: Objection: Plaintiff has neither proven that the alleged account is the responsibility of Defendant nor shown evidence to substantiate the allegations set forth in the Complaint. Further, Defendant avers owing nothing to Plaintiff.

5. If the answer to Interrogatory No. 4 above is in substance in the affirmative, or yes, STATE WITH SPECIFICITY AND PARTICULARITY what the error or offset is; if any error, why the claim is erroneous and the changes that would be necessary to correct that error; or if an offset, give the nature of the offset and the facts substantiating the offset.

Response: N/A.

6. Do you owe any money to the Plaintiff at this time?

Response: Defendant owes nothing to Plaintiff.

7. If the answer to #6 is in the affirmative, or yes, then state:

Response: N/A.

(a) When the indebtedness arose;

( The amount presently owed;

© The reason for any delinquency in payment;

(d) Any other facts which you wish to bring to Plaintiff’s attention with respect to this indebtedness.

8. State with PARTICULARITY AND SPECIFICITY the facts substantiating any affirmative defense or counterclaim to Plaintiff’s Complaint and the statutes, rules, cases or other authorities on which you base that defense.

Response: The Plaintiff lacks standing to sue Defendant without evidence establishing ownership of the alleged debt.

In Certified Collectors, Inc. v. Lesnick, the Arizona Supreme Court stated: “In Arizona, a valid assignment is one that meets the requirements of a valid contract, including the identity of the parties, legal capacity of the parties to contract, legal subject matter, consideration and mutual assent.” “In addition, subject matter of the assignment must be described sufficiently to make it capable of being readily identified.” Certified Collectors, Inc. v. Lesnick, 116 Ariz. 601, 603, 570 P.2d 769, 771 (1977).

9. State the name, address, zip code, business telephone and home telephone numbers of all witnesses whom you intend to call in defense of this suit or any counter claim thereto, and with reference to each, state briefly the testimony you expect to elicit from each of them.

Response: Defendant has none to list at this time.

10. List all documents that you intend to produce at the trial in support of your defense to this lawsuit or any counterclaim thereto, and attach a copy of each such document, state the source of the documents and who will testify to its foundation and authenticity, who has the current possession and control of each such document giving the name, address, zip code, business and home telephone numbers for each such person.

Response: Defendant has none to list at this time.

11. Referring to the Requests for Admissions served upon you, and each of you, herewith, if any of the same are denied, state with PARTICULARITY AND SPECIFICITY, in what manner as to statements and/or things the same are incorrect, and with reference to each state in what manner or statement, said would be correct if modified, with respect to:

Response: Objection: The request is compounded and confusing. Any objections are set forth in the Admissions with reasons therefore.

RFA No. 1

RFA No. 2

RFA No. 3

RFA No. 4

RFA No. 5

RFA No. 6

RFA No. 7

RFA No. 8

RFA No. 9

RFA No. 10

RFA No. 11

RFA No. 12

RFA No. 13

12. How much money do you admit owing the Plaintiff?

Response: Defendant owes nothing to Plaintiff.

13. If Defendant(s) believe that the venue of this action is not proper in the county in which this suit was filed, state with PARTICULARITY AND SPECIFICITY, the factual basis of any such contention or belief.

Response: The request calls for a conclusion of law and Defendant is without legal training to determine the properness of said venue.

14. If Defendant(s) believes that the debt that is the subject of this suit is the obligation of any person or entity other than the Defendant(s), identify such other persons or entity and state with PARTICULARITY AND SPECFICITY, the facts that form the basis of any such contention or belief.

Response: Objection: Based on information known or readily available, Defendant lacks sufficient information and belief as to the existence of said debt and, therefore, the questions is not applicable.

Defendant declares under penalty of perjury that the foregoing is true and correct.

DEFENDANT’S RESPONSES TO PLAINTIFF’S REQUESTS FOR PRODUCTION - FIRST SET

COMES NOW Defendant, pro se, pursuant to Rule 34, Arizona Rules of Civil Procedure, hereby responds to Plaintiff’s Request for Production of Documents.

Plaintiff requests Defendant to produce each and every document and item requested in Plaintiff’s First Set of Non-Uniform Interrogatories numbered 1 through 14.

Response to Request 1 to 14: Defendant has no such documents to produce.

Defendant declares under penalty of perjury that the foregoing is true and correct.

[racecar]

Following a diligent search and reasonable inquiry into discovery of the request, the responding party has no such documentation responsive to this request in her possession, custody and/or control. Additional documents or documentation may exist in the possession, custody and/or control of the propounding party. Discovery is ongoing and the responding party reserves the right to amend this response when more information becomes known.

[smartxaz]

Thanks racecar for the input. I will include this info. and start finalizing my docs.

[BrunoTheJDBkiller]

1. Don't file an objection with any court that says it is contrary to the rules of discovery to ask your name. This is really pushing the boundaries for no good reason.

2. They asked you for 5 years, not today's address. The objection is improper.

8. I would not assert this defense, it is speculation at this point. How do you know they can't prove ownership until discovery is complete?

13. give them the venue unless you can prove they sued in the wrong court.

14. Don't object. Just say that to the best of your knowledge the debt is neither the responsibility of defendant or anyone else.

Just remember, if you have no documents to produce, you cannot introduce them as evidence at trial. Usually this does not apply, but be aware of the rule. You can supplement discovery if you find a smoking gun.

[smartxaz]

Thank you for responding Bruno.

Re: No. 1 and 2. I just want to add my reasons on the name and address objections. They are aware of both now and during the date referenced in Complaint (charge off 2009). It seems invasive to me to provide a name I may or may not have been known by over 20 years ago.

Don't get me wrong, I realize your point. It is just my thinking on certain things even though I realize they could find any such info. if they really wanted it.

Re: No. 8. Response based on docs sent with Plaintif's Disclosure Statement.

Any suggestions for defense to list? Answer to Complaint listed Affirmative Defenses of Lack of Standing, Lack of Privity and Improper Service. Based on reading, I figured better to not pursue even listing the other two defenses.

I will make other adjustments as advised.

[BrunoTheJDBkiller]

Re name; then object on the grounds that only the time period in which the account was open is relevant, any other name which may have been used prior to the date the account was opened has no bearing on the case. The reason they ask this is not because they want to trip you up, it establishes that the name on the monthly statements is valid. Privity is not a valid defense in a credit card case. Improper service isn't really one either, it is more proper as a basis for a motion to dismiss the case.