LR_Knight

Help with Interrogatories, Production, and Admissions

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Today I received the Plaintiff's discovery requests and looking for input on how to answer.  Apologize in advance for length.  Copied exactly as they wrote it up.

 

Plaintiff is CACH.  Complaint can be found here.

 

INTERROGATORIES AND REQUEST FOR PRODUCTION PROPOUNDED TO THE DEFENDANT

INTERROGATORIES AND REQUEST FOR PRODUCTION

INTERROGATORY NO. 1:  Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations.  Please include the address and telephone number of employer and banking affiliation.

INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial.

INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint.

INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses.

INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause.

REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please prove Plaintiff with a copy of all  documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause.

INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff.

INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such.

REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment.

INTERROGATORY NO. 8:  Please state the date and amount of your last payment on said account.

INTERROGATORY NO. 9:  Please state the balance due on said account after your last payment.


INTERROGATORY NO. 10:  If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card.
INTERROGATORY NO. 11:  If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card.

REQUEST FOR PRODUCTION NO 3:  Please produce all billing statements from Issuer to the Defendant.

REQUEST FOR PRODUCTION NO 4:  Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer.

REQUEST FOR PRODUCTION NO 5:  Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence.

INTERROGATORY NO. 12:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based.

REQUEST FOR PRODUCTION NO 6:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based.

INTERROGATORY NO. 13:  Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation.

INTERROGATORY NO. 14:  If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes.

INTERROGATORY NO. 15:  Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you.

Will you do so?

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Part 2 of their requests

 

REQUEST FOR ADMISSIONS

REQUEST FOR ADMISSIONS NO. 1:  Admit the Defendant, XXXX, applied for and was issued a credit card from Bank of America, N.A.

REQUEST FOR ADMISSIONS NO. 2:  Admit the Defendant, XXXX, received a credit card from Bank of America, N.A.

REQUEST FOR ADMISSIONS NO. 3:  Admit the Defendant, XXXX, made purchases with said credit card

REQUEST FOR ADMISSIONS NO. 4:  Admit the Defendant, XXXX, defaulted on terms of said contract.

REQUEST FOR ADMISSIONS NO. 5:  Admit the Defendant, XXXX, failed to pay the monthly payments as contracted.

REQUEST FOR ADMISSIONS NO. 6:  Admit the Defendant, XXXX, used credit card to obtain a cash advanced.

REQUEST FOR ADMISSIONS NO. 7:  Admit the Issuer made cash advances to the Defendant.

REQUEST FOR ADMISSIONS NO. 8:  Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card.

 REQUEST FOR ADMISSIONS NO. 9:  Admit the Defendant, accepted each such advance on the Account.

REQUEST FOR ADMISSIONS NO. 10:  Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement.

REQUEST FOR ADMISSIONS NO. 11:  Admit the Defendant, XXXX, did not send to the Issuer a written dispute of the billing statement, within sixty days of the date of any billing statement on the account.

REQUEST FOR ADMISSIONS NO. 12:  Admit the Defendant is indebted to the Plaintiff as assignee of Bank of America, N.A.

REQUEST FOR ADMISSIONS NO. 13:  Admit the Plaintiff’s books and record show the Defendant with a balance due of $6,002.57

REQUEST FOR ADMISSIONS NO. 14:  Admit the Defendant owes the Plaintiff the sum of $6,002.57.

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INTERROGATORY NO. 1:  Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations.  Please include the address and telephone number of employer and banking affiliation.
OBJECTION, WHILE THE DEFENDANT'S ADDRESS IS XXXXXXXXX , ALL OTHER INFORMATION IMPLIES A POST JUDGEMENT REQUEST AND AS SUCH THE INFORMATION SOUGHT IS NOT RELEVANT TO THIS INSTANT ACTION.

( THAT COULD BE THE WRONG ADDRESS XXXXXXXX.... FOR ALL I KNOW YOU WERE LIVING IN A 1973 PONTIAC UNDER A OVERPASS...YOU CANT TELL THEM YOUR ADDRESS IF YA WANNA {iACTUALLY I DID NOT LIVE AT THE ADDRESS AT THE TIME}


INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial.

OBJECTION. THE REQUEST IS AMBIGUOUS,OPPRESIVE AND IRRELEVANT, THIS REQUEST SEEKS INFORMATION THAT HAS NOT YET BEEN ASKED IN ANSWER TO THIS INTERROGATORY.


INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint.
PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

 

 

INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses.

OBJECTION. THIS REQUEST IS AMBIGUOUS,IRRELEVANT. TRIAL HAS NOT BEEN SCHEDULED, NOR HAS CASE BEEN CERTIFIED AS CLOSED FOR PLEADING.



INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause.

 

OBJECTION. THIS REQUEST IS AMBIGUOUS,IRRELEVANT. TRIAL HAS NOT BEEN SCHEDULED, NOR HAS CASE BEEN CERTIFIED AS CLOSED FOR PLEADING.

 


REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please prove Plaintiff with a copy of all  documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause.

 

OBJECTION. REQUEST IS AMBIGUOUS,IRRELEVANT. TRIAL HAS NOT BEEN SCHEDULED, NOR HAS CASE BEEN CERTIFIED AS CLOSED FOR PLEADING.



INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.



INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

 


REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.



INTERROGATORY NO. 8:  Please state the date and amount of your last payment on said account.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

 



INTERROGATORY NO. 9:  Please state the balance due on said account after your last payment.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

 



INTERROGATORY NO. 10:  If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

 

 

 

INTERROGATORY NO. 11:  If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card.

PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

 


REQUEST FOR PRODUCTION NO 3:  Please produce all billing statements from Issuer to the Defendant.

OBJECTION. REQUEST IS AMBIGUOUS,OVERLY BURDENSOME,OPPRESIVE, AND SEEKS INFORMATION THAT PLAINTIFF THEMSELVES ALLEGEDLY HAVE. DEFENDANT IS NOT REQUIRED TO, NOR DOES DEFENDANT HAVE ANY OFFICE OF FINANCIAL BUSINESS RECORD KEEPING THAT RETAINS BILLING STATEMENTS IN THE ORDINARY COURSE, AND/OR OVER ANY SPECIFIC OR UNSPECIFIC DATE.



REQUEST FOR PRODUCTION NO 4:  Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer.

OBJECTION. IRRELEVANT. AS PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

REQUEST FOR PRODUCTION NO 5:  Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence.

OBJECTION. IRRELEVANT. AS PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.



INTERROGATORY NO. 12:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based.

OBJECTION. IRRELEVANT. AS PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

REQUEST FOR PRODUCTION NO 6:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based.

OBJECTION. IRRELEVANT. AS PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES.

INTERROGATORY NO. 13:  Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation.

OBJECTION. REQUEST IS AMBIGUOUS,IRRELEVANT. TRIAL HAS NOT BEEN SCHEDULED, NOR HAS CASE BEEN CERTIFIED AS CLOSED FOR PLEADING.


INTERROGATORY NO. 14:  If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes.
OBJECTION. IRRELEVANT. AS PLAINTIFF HAS RECIEVED DEFENDANT'S TIMELY ANSWER IN DENIAL TO COMPLAINT. DEFENDANT'S ANSWERS SPEAK SPECIFICALLY FOR THEMSELVES. dEFENDANT HAS NO OUTSTANDING DEBT NOR HAVE THEY INCURRED ANY.


INTERROGATORY NO. 15:  Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you.

Will you do so?

 

OBJECTION. DEFENDANT WILL FOLLOW CIVIL RULES OF PROCEDURE OUTLINED IN OUR FAIR STATES STAUTES WITH APPLICABLE INSTRUCTIONS FOR ANSWERING PLAINTIFFS REQUESTS.

 

 

 

 

REQUEST FOR ADMISSIONS

REQUEST FOR ADMISSIONS NO. 1:  Admit the Defendant, XXXX, applied for and was issued a credit card from Bank of America, N.A.



REQUEST FOR ADMISSIONS NO. 2:  Admit the Defendant, XXXX, received a credit card from Bank of America, N.A.
 

 

REQUEST FOR ADMISSIONS NO. 3:  Admit the Defendant, XXXX, made purchases with said credit card
 

 

REQUEST FOR ADMISSIONS NO. 4:  Admit the Defendant, XXXX, defaulted on terms of said contract.
 

 

REQUEST FOR ADMISSIONS NO. 5:  Admit the Defendant, XXXX, failed to pay the monthly payments as contracted.
 

 

REQUEST FOR ADMISSIONS NO. 6:  Admit the Defendant, XXXX, used credit card to obtain a cash advanced.
 

 

REQUEST FOR ADMISSIONS NO. 7:  Admit the Issuer made cash advances to the Defendant.
 

 

REQUEST FOR ADMISSIONS NO. 8:  Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card.
 

 

 REQUEST FOR ADMISSIONS NO. 9:  Admit the Defendant, accepted each such advance on the Account.
 

 

REQUEST FOR ADMISSIONS NO. 10:  Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement.
 

 

REQUEST FOR ADMISSIONS NO. 11:  Admit the Defendant, XXXX, did not send to the Issuer a written dispute of the billing statement, within sixty

days of the date of any billing statement on the account.
 

 

REQUEST FOR ADMISSIONS NO. 12:  Admit the Defendant is indebted to the Plaintiff as assignee of Bank of America, N.A.
 

 

REQUEST FOR ADMISSIONS NO. 13:  Admit the Plaintiff’s books and record show the Defendant with a balance due of $6,002.57
 

 

REQUEST FOR ADMISSIONS NO. 14:  Admit the Defendant owes the Plaintiff the sum of $6,002.57.

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Part 2 of their requests

 

REQUEST FOR ADMISSIONS

REQUEST FOR ADMISSIONS NO. 1:  Admit the Defendant, XXXX, applied for and was issued a credit card from Bank of America, N.A.

REQUEST FOR ADMISSIONS NO. 2:  Admit the Defendant, XXXX, received a credit card from Bank of America, N.A.

REQUEST FOR ADMISSIONS NO. 3:  Admit the Defendant, XXXX, made purchases with said credit card

REQUEST FOR ADMISSIONS NO. 4:  Admit the Defendant, XXXX, defaulted on terms of said contract.

REQUEST FOR ADMISSIONS NO. 5:  Admit the Defendant, XXXX, failed to pay the monthly payments as contracted.

REQUEST FOR ADMISSIONS NO. 6:  Admit the Defendant, XXXX, used credit card to obtain a cash advanced.

REQUEST FOR ADMISSIONS NO. 7:  Admit the Issuer made cash advances to the Defendant.

REQUEST FOR ADMISSIONS NO. 8:  Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card.

 REQUEST FOR ADMISSIONS NO. 9:  Admit the Defendant, accepted each such advance on the Account.

REQUEST FOR ADMISSIONS NO. 10:  Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement.

REQUEST FOR ADMISSIONS NO. 11:  Admit the Defendant, XXXX, did not send to the Issuer a written dispute of the billing statement, within sixty days of the date of any billing statement on the account.

REQUEST FOR ADMISSIONS NO. 12:  Admit the Defendant is indebted to the Plaintiff as assignee of Bank of America, N.A.

REQUEST FOR ADMISSIONS NO. 13:  Admit the Plaintiff’s books and record show the Defendant with a balance due of $6,002.57

REQUEST FOR ADMISSIONS NO. 14:  Admit the Defendant owes the Plaintiff the sum of $6,002.57.

 

Interesting, they don't specify the account in question in any of their admissions. Sure you may have gotten a card from BoA but is that the card in question for this suit. Objection, ambiguous question that can not be admitted or denied. 

 

Also their request that you admit to be indebted to the Plaintiff, you should reply; Objection, the question calls for a legal conclusion that would require knowledge beyond the Defendant's scope.

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Interesting, they don't specify the account in question in any of their admissions. Sure you may have gotten a card from BoA but is that the card in question for this suit. Objection, ambiguous question that can not be admitted or denied. 

 

Also their request that you admit to be indebted to the Plaintiff, you should reply; Objection, the question calls for a legal conclusion that would require knowledge beyond the Defendant's scope.

 

Their complaint included some Certificate of Assignment from CACH with a redacted account number (blank where account # should be) on it and a cardholder agreement that for all I know could just be something downloaded off internet.

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Vinny,

 

Yeah that first one is one I really stumped on how to respond.  Obviously know my address as they served me at my home.  They have my current phone number because called it.  I certainly don't want to tell them where I work and certainly feel they don't need to know my bank information or social security number.

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1:  Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations.  Please include the address and telephone number of employer and banking affiliation.
 

OBJECTION: The information sought concerning address, telephone number, and social security number is already known to Plaintiff. The remainder is improper and not likely to lead to admissible evidence connected to the subject of the instant action, which is whether or not Defendant owes Plaintiff a debt.

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Greetings everyone.  Thanks everyone for advice on how to answer these.  Hopefully I put this together correctly.  I would appreciate it if someone would take a look and tell me if this look okay.  Have until Thursday to files these with court so any last minute feedback would be greatly appreciated!

 

Thanks

 

INTERROGATORIES AND REQUEST FOR PRODUCTION

  1. INTERROGATORY NO. 1:  Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations.  Please include the address and telephone number of employer and banking affiliation.
  2. RESPONSE TO INTERROGATORY NO. 1:  OBJECTION. The information sought concerning address, telephone number, and social security number is already known to Plaintiff. The remainder is improper and not likely to lead to admissible evidence connected to the subject of the instant action, which is whether or not Defendant owes Plaintiff a debt.
  3. INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial.
  4. RESPONSE TO INTERROGATORY NO. 2:  OBJECTION. The request is ambiguous, oppressive, and irrelevant, this request seeks information that has not yet been asked in answer to this interrogatory. 
  5. INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint.
  6. RESPONSE TO INTERROGATORY NO. 3:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  7. INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses.
  8. RESPONSE TO INTERROGATORY NO. 4:  OBJECTION.  This request is ambiguous, irrelevant.  Trial has not been scheduled, nor has case been certified as closed for pleading.
  9. INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause.
  10. RESPONSE TO INTERROGATORY NO. 5:  OBJECTION.  This request is ambiguous, irrelevant.  Trial has not been scheduled, nor has case been certified as closed for pleading.
  11. REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please provide Plaintiff with a copy of all  documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause.
  12. RESPONSE TO REQUEST FOR PRODUCTION NO 1:  OBJECTION.  This request is ambiguous, irrelevant.  Trial has not been scheduled, nor has case been certified as closed for pleading.
  13. INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff.
  14. RESPONSE TO INTERROGATORY NO. 6:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  15. INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such.
  16. RESPONSE TO INTERROGATORY NO. 7:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  17. REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment.
  18. RESPONSE TO REQUEST FOR PRODUCTION NO 2:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  19. INTERROGATORY NO. 8:  Please state the date and amount of your last payment on said account.
  20. RESPONSE TO INTERROGATORY NO. 8:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  21. INTERROGATORY NO. 9:  Please state the balance due on said account after your last payment.
  22. RESPONSE TO INTERROGATORY NO. 9:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  23. INTERROGATORY NO. 10:  If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card.
  24. RESPONSE TO INTERROGATORY NO. 10:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  25. INTERROGATORY NO. 11:  If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card.
  26. RESPONSE TO INTERROGATORY NO. 11:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  27. REQUEST FOR PRODUCTION NO 3:  Please produce all billing statements from Issuer to the Defendant.
  28. RESPONSE TO REQUEST FOR PRODUCTION NO 3:  OBJECTION.  Request is ambiguous, overly burdensome, oppressive, and seeks information that Plaintiff themselves allegedly have.  Defendant is not required to, nor does Defendant have any office of financial business record keeping that retains billing statements in the ordinary course, and/or over any specific or unspecific date.
  29. REQUEST FOR PRODUCTION NO 4:  Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer.
  30. RESPONSE TO REQUEST FOR PRODUCTION NO 4:  OBJECTION.  Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  31. REQUEST FOR PRODUCTION NO 5:  Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence.
  32. RESPONSE TO REQUEST FOR PRODUCTION NO 5:  OBJECTION.  Irrelevant.  As Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  33. INTERROGATORY NO. 12:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based.
  34. RESPONSE TO INTERROGATORY NO. 12:  OBJECTION.  Irrelevant.  As Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  35. REQUEST FOR PRODUCTION NO 6:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based.
  36. RESPONSE TO REQUEST FOR PRODUCTION NO 6:  OBJECTION.  Irrelevant.  As Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.
  37. INTERROGATORY NO. 13:  Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation.
  38. RESPONSE TO INTERROGATORY NO. 13:  OBJECTION.  Request is ambiguous, irrelevant.  Trial has not been scheduled, nor has case been certified as closed for pleading.
  39. INTERROGATORY NO. 14:  If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes.
  40. RESPONSE TO INTERROGATORY NO. 14: OBJECTION.  Irrelevant.  As Plaintiff has received Defendant’s timely answer in denial to complaint.  Defendant’s answers speak specifically for themselves.  Defendant has no outstanding debt nor have they incurred any.
  41. INTERROGATORY NO. 15:  Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you.
  42. Will you do so?
  43. RESPONSE TO INTERROGATORY NO. 15:  OBJECTION.  Defendant will follow the Rules of Civil Procedure outlined in our fair state’s statutes with applicable instructions for answering Plaintiff’s requests.
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And these are the RFA if someone could tell me if I am on right track on these.

 

REQUEST FOR ADMISSIONS

  1. REQUEST FOR ADMISSIONS NO. 1:  Admit the Defendant, XXXXXXX, applied for and was issued a credit card from Bank of America, N.A.
  2. RESPONSE TO REQUEST FOR ADMISSION NO. 1:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  3. REQUEST FOR ADMISSIONS NO. 2:  Admit the Defendant, XXXXXXX, received a credit card from Bank of America, N.A.
  4. RESPONSE TO REQUEST FOR ADMISSION NO. 2:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  5. REQUEST FOR ADMISSIONS NO. 3:  Admit the Defendant, XXXXXXX, made purchases with said credit card.
  6. RESPONSE TO REQUEST FOR ADMISSION NO. 3:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  7. REQUEST FOR ADMISSIONS NO. 4:  Admit the Defendant, XXXXXXX, defaulted on terms of said contract.
  8. RESPONSE TO REQUEST FOR ADMISSION NO. 4:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  9. REQUEST FOR ADMISSIONS NO. 5:  Admit the Defendant, XXXXXXX, failed to pay the monthly payments as contracted.
  10. RESPONSE TO REQUEST FOR ADMISSION NO. 5:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  11. REQUEST FOR ADMISSIONS NO. 6:  Admit the Defendant, XXXXXXX, used credit card to obtain a cash advance.
  12. RESPONSE TO REQUEST FOR ADMISSION NO. 6:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  13. REQUEST FOR ADMISSIONS NO. 7:  Admit the Issuer made cash advances to the Defendant.
  14. RESPONSE TO REQUEST FOR ADMISSION NO. 7:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  15. REQUEST FOR ADMISSIONS NO. 8:  Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card.
  16. RESPONSE TO REQUEST FOR ADMISSION NO. 8:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  17.  REQUEST FOR ADMISSIONS NO. 9:  Admit the Defendant, accepted each such advance on the Account.
  18. RESPONSE TO REQUEST FOR ADMISSION NO. 9:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  19. REQUEST FOR ADMISSIONS NO. 10:  Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement.
  20. RESPONSE TO REQUEST FOR ADMISSION NO. 10:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  21. REQUEST FOR ADMISSIONS NO. 11:  Admit the Defendant, XXXXXXX, did not send to the Issuer a written dispute of the billing statement, within sixty days of the date of any billing statement on the account.
  22. RESPONSE TO REQUEST FOR ADMISSION NO. 11:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  23. REQUEST FOR ADMISSIONS NO. 12:  Admit the Defendant is indebted to the Plaintiff as assignee of Bank of America, N.A.
  24. RESPONSE TO REQUEST FOR ADMISSION NO. 12:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  25. REQUEST FOR ADMISSIONS NO. 13:  Admit the Plaintiff’s books and record show the Defendant with a balance due of $6,002.57.
  26. RESPONSE TO REQUEST FOR ADMISSION NO. 13:  OBJECTION.  Ambiguous question that can not be admitted or denied.
  27. REQUEST FOR ADMISSIONS NO. 13:  Admit the Defendant owes the Plaintiff the sum of $6,002.57.
  28. RESPONSE TO REQUEST FOR ADMISSION NO. 14:  OBJECTION.  The question calls for a legal conclusion that would require knowledge beyond the Defendant’s scope.

 

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In my opinion you are overusing this response: Ambiguous question that can not be admitted or denied. You'd be better off to just give a straight denial. If you want to object, you should have a better reason. In this case, I would pick on the part that says "issued a credit card." This is vague and does not specifically refer to the account being sued upon. It could be any credit card you ever had with BofA.

 

I would not use this either;  Defendant’s answers speak specifically for themselves. You need to make a direct response to the rog, not cite your answer to the complaint. A lot of what they are asking isn't covered in the complaint, like set offs, people who may have used the unidentified card, payments, etc. there are better ways to respond to these.

 

Production of documents questions are easy, just say you don't have any of the documents requested, but will supplement your answer if they become available. That's how they answer, give it back to them. If a judge sees these admissions, you are going to be in trouble. The other side will move to have them deemed admitted.

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Unless you are just trying to annoy the lawyer and waste their time (which is not a bad thing) I think I would just answer most of them. Instead of finding a way to object to owing an amount, making a payment, etc. I would rather be on record as denying everything. Most (if not all) of the interrogatories & RFA's can be admitted or denied (many are just straight forward questions). If it were mine I would use more DENY, and less objection.

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Many of the admissions requests are not ambiguous.  They're plain and to the point.  I don't know about your rules, but my rules state that if the party who made the requests can make a motion to determine the sufficiency of the answers.  If the judge decides the answers are not sufficient, he can order that party to answer them.  After that, if he decides that party is trying to avoid giving answer, he'll have the admissions deemed admitted.

 

If the JDB hasn't provided any billing statements, then for some of the admissions, you might be able to state that "After making a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant denies."

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Thanks for the feedback guys.  I really appreciate the feedback.  Could you take a look at these RFAs and give me thoughts then?  

 

 

REQUEST FOR ADMISSIONS

REQUEST FOR ADMISSIONS NO. 1:  Admit the Defendant, XXXXXX, applied for and was issued a credit card from Bank of America, N.A.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 1:  Request is vague and does not specifically refer to the account being sued upon.  Based on foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 2:  Admit the Defendant, XXXXXX, received a credit card from Bank of America, N.A.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 2:  Request is vague and does not specifically refer to the account being sued upon.  Based on foregoing, Defendant DENIES. 

 

REQUEST FOR ADMISSIONS NO. 3:  Admit the Defendant, XXXXXX, made purchases with said credit card.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 3:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 4:  Admit the Defendant, XXXXXX, defaulted on terms of said contract.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 4:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES. 

 

REQUEST FOR ADMISSIONS NO. 5:  Admit the Defendant, XXXXXX, failed to pay the monthly payments as contracted.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 5:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES. 

 

REQUEST FOR ADMISSIONS NO. 6:  Admit the Defendant, XXXXXX, used credit card to obtain a cash advance.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 6:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 7:  Admit the Issuer made cash advances to the Defendant.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 7:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES. 

 

REQUEST FOR ADMISSIONS NO. 8:  Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 8:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 9:  Admit the Defendant, accepted each such advance on the Account.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 9:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 10:  Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 10:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 11:  Admit the Defendant, XXXXXX, did not send to the Issuer a written dispute of the billing statement, within sixty days of the date of any billing statement on the account.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 11:  The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny.  Based upon the foregoing, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 12:  Admit the Defendant is indebted to the Plaintiff as assignee of Bank of America, N.A.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 12:  Plaintiff has not provided any tangible evidence to prove they are assignee of Bank of America, N.A.  As such, Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 13:  Admit the Plaintiff’s books and record show the Defendant with a balance due of $6,002.57.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 13:  Plaintiff has not provided any tangible evidence to prove the balance sought, as such Defendant DENIES.

 

REQUEST FOR ADMISSIONS NO. 13:  Admit the Defendant owes the Plaintiff the sum of $6,002.57.

 

RESPONSE TO REQUEST FOR ADMISSION NO. 14:  Defendant has no outstanding debt with Plaintiff nor have they incurred any, as such Defendant DENIES.

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I would answer #12 back to how you previously had answered it: OBJECTION.  The question calls for a legal conclusion that would require knowledge beyond the Defendant’s scope.

 

It's their burden of proof to prove that they're an assignee of BoA. And it's certainly not your job to determine that.

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True, but if he just denies he gets on the record as challenging their status as assignee. If he objects he tips his hand a bit and lets them know what he intends to argue in the case. Better he doesn't do that yet.

 

 

That makes sense. I didn't know if a flat out denial was appropriate given that it required a legal conclusion to determine if the Plaintiff has provided sufficient evidence to verify their claim as assignee.

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Okay, here are the interrogatories

 

 

INTERROGATORIES AND REQUEST FOR PRODUCTION

 

INTERROGATORY NO. 1:  Please state the Defendant’s current address, telephone number, social security number, place of employment, and banking affiliations.  Please include the address and telephone number of employer and banking affiliation.

 

RESPONSE TO INTERROGATORY NO. 1:  OBJECTION. The information sought concerning address, telephone number, and social security number is already known to Plaintiff. The remainder is improper and not likely to lead to admissible evidence connected to the subject of the instant action, which is whether or not Defendant owes Plaintiff a debt.

 

INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial.

 

RESPONSE TO INTERROGATORY NO. 2:    OBJECTION.  Defendant will follow the Rules of Civil Procedure outlined in our fair state’s statutes with applicable instructions for answering Plaintiff’s requests. 

 

INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint.

 

RESPONSE TO INTERROGATORY NO. 3:  Defendant disputes having any outstanding debt with Plaintiff nor having incurred any such debt.

 

INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony each person the Defendant plans to call as witnesses.

 

RESPONSE TO INTERROGATORY NO. 4:  Defendant does not plan to call any witnesses, but will supplement this answer should any witnesses become available.

 

INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial on this cause.

 

RESPONSE TO INTERROGATORY NO. 5:  Defendant at this time has no tangible evidence to disclose, but will supplement this answer if such evidence becomes available.

 

REQUEST FOR PRODUCTION NO 1: In reference to Interrogatory No 5, please provide Plaintiff with a copy of all  documents, tapes, transcripts, receipts, and any other evidence that the Defendant will introduce at a trial of this cause.

 

RESPONSE TO REQUEST FOR PRODUCTION NO 1:  Defendant does not have any of the documents requested, but will supplement this answer if such documents become available.

 

INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff.

 

RESPONSE TO INTERROGATORY NO. 6:  Defendant has no outstanding debt with Plaintiff nor having incurred any.

 

INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit, or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such.

 

RESPONSE TO INTERROGATORY NO. 7:  Defendant is making no claim of payment, credit, or offset to Plaintiff.  Defendant has no outstanding debt with Plaintiff nor having incurred any. 

 

REQUEST FOR PRODUCTION NO 2: In reference to Interrogatory No 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment.

 

RESPONSE TO REQUEST FOR PRODUCTION NO 2:  Defendant does not have any of the documents requested, but will supplement this answer if such documents become available.

 

INTERROGATORY NO. 8:  Please state the date and amount of your last payment on said account.

 

RESPONSE TO INTERROGATORY NO. 8:  Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 7 above.

 

INTERROGATORY NO. 9:  Please state the balance due on said account after your last payment.

 

RESPONSE TO INTERROGATORY NO. 9:  Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 3 above.

 

INTERROGATORY NO. 10:  If the Defendant denies having received the card identify any person whom the Defendant believes may have received the credit card.

 

RESPONSE TO INTERROGATORY NO. 10:  The information known or readily obtainable by Defendant is insufficient to speculate on identity of person or persons who could have received the card.

 

INTERROGATORY NO. 11:  If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card.

 

RESPONSE TO INTERROGATORY NO. 11:  The information known or readily obtainable by Defendant is insufficient to speculate on identity of person or persons who could have used the card and if such person or persons were authorized to use said card.

 

REQUEST FOR PRODUCTION NO 3:  Please produce all billing statements from Issuer to the Defendant.

 

RESPONSE TO REQUEST FOR PRODUCTION NO 3:  Defendant does not have any of the documents requested, but will supplement this answer if such documents become available.

 

REQUEST FOR PRODUCTION NO 4:  Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer.

 

RESPONSE TO REQUEST FOR PRODUCTION NO 4:  Defendant does not have the document requested.

 

REQUEST FOR PRODUCTION NO 5:  Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statements on the Account, together with proof of sending and receipt of such correspondence.

 

RESPONSE TO REQUEST FOR PRODUCTION NO 5:  Defendant does not have any of the documents requested, but will supplement this answer if such documents become available. 

 

INTERROGATORY NO. 12:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based.

 

RESPONSE TO INTERROGATORY NO. 12:  Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 10 and 11 above.

 

REQUEST FOR PRODUCTION NO 6:  If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which such contention or belief is based.

 

RESPONSE TO REQUEST FOR PRODUCTION NO 6:  Defendant does not have any of the documents requested, but will supplement this answer if such documents become available. 

 

INTERROGATORY NO. 13:  Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinion of each such person concerning the subject matter of this litigation.

 

RESPONSE TO INTERROGATORY NO. 13:  Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 4 above.

 

INTERROGATORY NO. 14:  If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes.

 

RESPONSE TO INTERROGATORY NO. 14: Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 3 above.

 

INTERROGATORY NO. 15:  Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you.  Will you do so?

 

RESPONSE TO INTERROGATORY NO. 15:  OBJECTION.  Defendant will follow the Rules of Civil Procedure outlined in our fair state’s statutes with applicable instructions for answering Plaintiff’s requests.

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