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Sample Request for Interrogatories


DTrump
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INTERROGATORIES TO PLAINTIFF

1. State the names and addresses of all persons who have knowledge of any facts relating to the case.

2. Identify all documents that may relate to this action, and attach copies of such document.

3. Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents.

4. Identify all correspondence between plaintiff and the defendant or its representatives, and attach copies.

5. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; (the name of the person by whom made; © the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.

6. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; (the name and address of each participant; © the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication.

 

 

7. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section.

8. Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

9. If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you. [Note that defense counsel anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts;

10. Attach a copy of each Record identified in your response to Interrogatory #9.

11. With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment.

12. Identify all Records in your possession concerning the Account.

13. Attach a copy of each Record identified in your response to Interrogatory #12.

 

 

14. Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account.

 

 

15. Attach a copy of each request identified in your response to Interrogatory #14.

16. Attach a complete copy of the response you received for each request identified in your response to Interrogatory #14.

17. What is the date on which the Account went into default?

18. What is the date of the Account’s last billing statement?

19. Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement.

20. State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be.

21.

State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record.

22.

State the name of each Natural Person known to you or to your attorneys who can establish that it was the regular practice of the business which created each Computer Record to make it.

23.

State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person.

 

 

24.

State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made by a business whose regular practice was make that type or kind of Business Record.

25.

State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was in fact made in the regular course of the business which made it.

26. Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached.

27. For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature.

28. Attach a copy of each Record relied on or used by each Declarant in preparing his or her Sworn Statement and indicate in the space below that the requested items are attached or state the reason why it is not attached.

29. State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by each Declarant on the same date as the Declarant’s Sworn Statement.

30. If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached.

 

 

31. Attach a copy of Defendant’s application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone.

32. Were there written terms and conditions which governed the Account at the time the Account was opened?

33. Were the written terms and conditions which governed the Account at the time the Account was opened changed, modified, amended or replaced at any time after the Account was opened?

34. If you contend that Defendant’s payment obligations on the Account arose out of transactions other than transactions in which the money, property, insurance or services which are the subject of the transactions are primarily for personal, family or household purposes, then state the factual basis for your contention.

35. Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. § 1637(a)(1) through (8) (to the extent applicable) was disclosed to Defendant before the Account was opened.

36. Identify and produce a copy of all documents which you understand as constituting written notice of an increase in the Account’s annual percentage rate in accordance with 15 U.S.C. § 1637(i).

37. Do you have any claims against Defendant other than those arising out of the Account?

 

 

38. Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

39. What is the full name, job title and work address of the Natural Person who certified the answers to these interrogatories on your behalf?

 

 

 

[END OF INTERROGATORIES]

 

RESPONDING PARTY’S CERTIFICATION TO ANSWERS TO INTEROGATORIES

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.

Date

Print Name and Title Below Signature ______________________________

_______________________________

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Credit card case? I wouldn't even bother. Start with production of documents followed up by admsiions for what they don't have. No documents, no case. Who cares who runs their computer system at that point?

 

You are right Bruno...... I got a little ahead of myself. My next step is Request for Admissions, not Interrogatories.

 

JDB sent me a Request for Interrogatories so I got a little mixed up.

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If they do not respond to your requests for documents within the specified time, send the Admissions. VERY simple, don't get wordy, if it's wore than ten words you're just asking for an objection. One for each document they did not produce, like this:

 

 

Admit that you did not and cannot produce________

 

 

 

Fill in the blank, application, contract, whatever. Nothing else. Don't ask them to admit they violated the rules of procedure, or anything like that. Just the docs. If they deny something they failed to produce, you have them.

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Bruno's right.  I love doing that, only I do it the other way first.  I ask them to admit they don't have something (fill in the blank) in their possession or immediate control.  They will always deny.  Then I send them a request for the document.   Now they are screwed.  They can't say they don't have it, they just denied they don't have it.  They can't say it's too much trouble to get because they just denied it was not outside their immediate possession and control.   They can't say they no longer have the document because they would now be admitting they destroyed a document during litigation that obviously is important to the case. 

 

So they are screwed, come up with the document, which we all know they don't have, or look like fools (well bigger fools) trying to explain how they denied they did not have something but now can't or won't produce it. 

 

I've never not have the other side hang themselves in discovery.   A pro-se conducting discovery and they are not going to even remotely take you serious.  Then they've painted themselves into that corner and by the time they figure out the pro-se knew what they were doing, and knew more about collection law than their own attorney's, it's way, way too late to get out of that corner and then "that's all she wrote" you just got punked and there is not a damn thing you can do about it.  ::BigGun::

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