jennalynn495

Need Help with Answers to Plaintiff's Request for Admission, Interrogatories and Production

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Hi Everyone,

I am new here. Well, this is my first post but I have been reading these forums for a few months and have found some great advice! I received a summons from LVNV Funding, LLC. and the alleged debt is an Orchard Bank credit card from 2006.
I have answered the complaint and just received Requests to Admit, Interrogatories and Requests for Production.


I was hoping someone could tell me if these answers are sufficient. 

I sent my own discovery today.

I am in Michigan.

Thanks in Advance!!


Request to admit:
1. You personally opened the credit card in your name. DENY


2. The credit card was issued on the account. DENY


3. You received the credit card. DENY


4. You received the cardholder agreement regarding the credit card account. DENY


5. You activated the credit card. DENY


6. You used the credit card. DENY


7. You made one or more payments on the account after using the credit card. DENY


8. Plaintiff is the current owner of the debt owed on the account. DENY


9. Plaintiff is the correct entity entitled to receive payment on the account. DENY


10. You personally used the credit card to make purchases and/or cash advances. DENY


11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account. DENY


12. You defaulted in making payments to the issuer for charges you incurred on the account. DENY


13. The balance on the account on the date the issuer charged off the account was $690.34. DENY


14. The current balance on the account is $944.37. DENY 


15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A. DENY


Now for INTERROGATORIES: I am not sure how to respond to these.

1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 


2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount?


3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 

 

4. With respect to the Account, other then the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts.


5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account.


6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006.


7. State every address you have lived at since May 17, 2006.


8. Do you currently work? Is so, please identify your employer and provide the address and telephone number.


9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated.


10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party.


11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses.


12. If you admit the you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff.


13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.


14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories.

 

15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. 


Request for Production: Can I just simply state I do not have any of these documents?

1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account.


2. A copy, front and back, of the credit card.


3. Copies of all correspondence received from the issuer or other third parties related to collection of the account.


4. Copies of all letters or correspondence from the you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account.


5. All correspondence from you to any third party, other than your attorney, pertaining to this account.


6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007.


7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production.


8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit.


9. All documents you intend to rely upon or introduce into evidence at trial in this matter.


10. A list of any and all witnesses you plan to call for testimony at trial in this matter.

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I changed my responses to the admissions and production of documents. Would these responses be appropriate in Michigan?

 

Request to admit:
1. You personally opened the credit card in your name.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


2. The credit card was issued on the account.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


3. You received the credit card.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


4. You received the cardholder agreement regarding the credit card account.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


5. You activated the credit card.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


6. You used the credit card.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


7. You made one or more payments on the account after using the credit card.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


8. Plaintiff is the current owner of the debt owed on the account.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


9. Plaintiff is the correct entity entitled to receive payment on the account.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


10. You personally used the credit card to make purchases and/or cash advances.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


12. You defaulted in making payments to the issuer for charges you incurred on the account.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


13. The balance on the account on the date the issuer charged off the account was $690.34.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


14. The current balance on the account is $944.37.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A.

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


Now for INTERROGATORIES: 

1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 


2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount?


3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 

 

4. With respect to the Account, other then the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts.


5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account.


6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006.


7. State every address you have lived at since May 17, 2006.


8. Do you currently work? Is so, please identify your employer and provide the address and telephone number.


9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated.


10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party.


11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses.


12. If you admit the you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff.


13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.


14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories.

 

15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. 


Request for Production: 

1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.


2. A copy, front and back, of the credit card.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

 


3. Copies of all correspondence received from the issuer or other third parties related to collection of the account.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.


4. Copies of all letters or correspondence from you to the Issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

 


5. All correspondence from you to any third party, other than your attorney, pertaining to this account.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

 


6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

 


7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.


8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

 


9. All documents you intend to rely upon or introduce into evidence at trial in this matter.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

 


10. A list of any and all witnesses you plan to call for testimony at trial in this matter.

After a diligent search and a reasonable inquiry in an effort to comply with Plaintiff's discovery request, there are no documents within Defendant’s possession, custody, or control.

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This is what I have come up with so far

 

INTERROGATORIES: 


1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 

Defendant does remember opening the account.


2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount?

Defendant does not believe there is a balance.
3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 

Defendant does not recall receiving billing statements.

 

4. With respect to the Account, other than the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts.

Defendant is not aware of any other party attempting to collect this alleged debt.


5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account.

Defendant made no transactions and does not have any statements.


6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006.

Defendant does not have a bank account.


7. State every address you have lived at since May 17, 2006.

Irrelevant.


8. Do you currently work? Is so, please identify your employer and provide the address and telephone number.

Defendant is currently unemployed.


9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated.

Defendant is not aware of any credits.


10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party.

Not sure how to answer this


11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses.

None


12. If you admit you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff.

Defendant does not admit.


13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.

There are no documents in defendant’s possession.


14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories.

No one other than defendant answered these interrogatories.

 

15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. 
???  not sure about this

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Answer to interrogatory:    # 11  OBJECTION; Premature. Defendant does not know who will be called as a witness for trial at this time and is still in  the discovery process. Also interrogatory calls for legal conclusion as defendant is asked to provide information not known to her on an alleged account that is disputed. Also; interrogatory is compounded and contains sub parts.

 

ANSWER To RFA: OBJECTION. Calls for legal conclusion. Defendant disputes the alleged account.

 

Answer to interrogatory # 10:  RFA #11 Objected to on the grounds that it calls for legal conclusion.

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15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position. 

???  not sure about this

Objection: premature: Discovery is ongoing. defendant has denied allegations, burden of proof lies on plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. Also, Interrogatory is compounded and contains sub parts.

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Hey JennaLynn,

Check your rules and make sure compounded and sub part interrogatories are not allowed. If they are just drop this part of the objection. I was thinking Cali law, it may not apply to you, but you will have enough of an objection without it.

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Hi Everyone,

I am new here. Well, this is my first post but I have been reading these forums for a few months and have found some great advice! I received a summons from LVNV Funding, LLC. and the alleged debt is an Orchard Bank credit card from 2006.

I have answered the complaint and just received Requests to Admit, Interrogatories and Requests for Production.

I was hoping someone could tell me if these answers are sufficient. 

I sent my own discovery today.

I am in Michigan.

Thanks in Advance!!

Request to admit:

1. You personally opened the credit card in your name. DENY

2. The credit card was issued on the account. DENY

3. You received the credit card. DENY

4. You received the cardholder agreement regarding the credit card account. DENY

5. You activated the credit card. DENY

6. You used the credit card. DENY

7. You made one or more payments on the account after using the credit card. DENY

8. Plaintiff is the current owner of the debt owed on the account. DENY

9. Plaintiff is the correct entity entitled to receive payment on the account. DENY

10. You personally used the credit card to make purchases and/or cash advances. DENY

11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account. DENY

12. You defaulted in making payments to the issuer for charges you incurred on the account. DENY

13. The balance on the account on the date the issuer charged off the account was $690.34. DENY

14. The current balance on the account is $944.37. DENY 

15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A. DENY

Now for INTERROGATORIES: I am not sure how to respond to these.

1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? The defendant has denied the existance of any alleged account in the complaint. If information exisits that proves the existance of this account the plaintiff should already have this information. Burden of proof rests with the Plaintiff

2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount? The defendant has denied the existance of any alleged account in the complaint. If information exisits that proves there is an account balance the burden of proof rests with the Plaintiff

3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). The defendant has never received any billing statements that may pertain to the alleged debt, therefore the defendant cannot answer this question.

 

4. With respect to the Account, other then the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. . Information of this sort, if it exeists, should already be known to the Plaintiff. The defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition.

5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. The defendant has already denied the alleged debt in the original complaint. If the defendant has denied the allegations why would the defendant have this information in his custody? burden of proof rests with the plaintiff. The plaintiff is on a fishing expidition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.

6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006.Same as no 5

7. State every address you have lived at since May 17, 2006. Objection, irrelevent, will not lead to any legal conclusion.

8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. Objection, irrelevent at this time in the case, the defendant is under no obligation to provide this type of information to the Plaintiff post judgement, if a judgment is rendered against the defendant then at that time, when the defendant is called to answer as to wages and assets, the defendant will give that information to the plaintiff.

9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated. The Defendant has denied the alleged debt, why would he claim any credits on an account that he has denied. If such information becomes known to the defendant during these procedings the defendant reserves the right to claim any credits.

10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. Objection, the plaintiff is on a fishing expidition, the defendant has already denied the alleged debt in the complaint.

11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. Defendant has no other person with any knowledge of the alleged debt

12. If you admit the you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. Objection, leads to no legal conclusion, This type of questioning is irrelevant post judgment. If a judgment is rendered against the defendant he will then discuss this answer with the plaintiff.

13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title. Objection overly burdensome. The fact that the Defendant has any documents is enough in its self, when and where the Defendant obtained them is irrelevant.

14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. None

 

15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position.

Request for Production: Can I just simply state I do not have any of these documents? you can but not wise.

1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account.

    Defednant has none at this time but f any become known to the defendant during the procedings the defenant reserves the right to present those documents at such time.

2. A copy, front and back, of the credit card. Objection, the Plaintiff should already have this information, the Plaintiff is on a fishing expedition. The burden of proving an existance of such credit card rests with the Plaitiff.

3. Copies of all correspondence received from the issuer or other third parties related to collection of the account. Same as no 1 and 2

4. Copies of all letters or correspondence from the you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account. Objection, the plaintiff is still fishing, same as no 3

5. All correspondence from you to any third party, other than your attorney, pertaining to this account. Objection same as no 4

6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. Objection irreleveant, the Plaintiff is using this question to gain information in a false light, disguising it to obtain financial information that is not legally obtainable post judgment, The Plaintiff is using underhanded techniques and trying to gain information by disguising questions that will give them access to information that they do not need to know at this time. (I would file a motion for a protective order from the court.) if you do not understand why let me know.)

7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production.Supply what you do have if you have none state defendant has none

8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. same as above

9. All documents you intend to rely upon or introduce into evidence at trial in this matter.

same as above

10. A list of any and all witnesses you plan to call for testimony at trial in this matter. same as above

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How does this look?

 

 

Request to admit:
1. You personally opened the credit card in your name.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


2. The credit card was issued on the account.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


3. You received the credit card.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


4. You received the cardholder agreement regarding the credit card account.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


5. You activated the credit card.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


6. You used the credit card.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


7. You made one or more payments on the account after using the credit card.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


8. Plaintiff is the current owner of the debt owed on the account.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


9. Plaintiff is the correct entity entitled to receive payment on the account.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


10. You personally used the credit card to make purchases and/or cash advances.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the account.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


12. You defaulted in making payments to the issuer for charges you incurred on the account.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


13. The balance on the account on the date the issuer charged off the account was $690.34.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


14. The current balance on the account is $944.37.

 

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


15. You received a demand letter from plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the demand letter is attached as Exhibit A.

 

Exhibit A was never received by Defendant.

Interrogatories:

1. When did you first open the account (number xxxx-xxxx-xxxx-xxxx)? 

 

The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves the existence of this account the Plaintiff should already have this information. Burden of proof rests with the Plaintiff.


2. (a) What do you believe the current balance of the account is at this time? (b)How did you calculate the amount?

 

The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff.


3. Did you ever object to any billing statements you received from the issuer regarding the account? If so, state the date and substance of each such objection and attach copies of the objections(s). 

 

The Defendant has never received any billing statements that may pertain to the alleged debt, therefore the Defendant cannot answer this question.

 

4. With respect to the Account, other than the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts. . 

 

Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition.


5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the issuer for the account. 

 

The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody?  Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.


6. If you admitted Request admit #7, please identify the date the payment was made. If a personal check was used to make the payment, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006.

 

Objection. Irrelevant, will not lead to any legal conclusion.


7. State every address you have lived at since May 17, 2006. 

 

Objection. Irrelevant, will not lead to any legal conclusion.


8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 

 

Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgment, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff.


9. If you claim you are entitled to any credits on the account, state the nature and the amount of the credits and how they were calculated.

 

Defendant has denied the alleged debt, why would she claim any credits on an account that she has denied?  If such information becomes known to the Defendant during these proceedings the Defendant reserves the right to claim any credits.


10. If you denied request to admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. 

 

Objection. Calls for legal conclusion. Defendant disputes the alleged account.


11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. 

 

Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to her on an alleged account that is disputed.


12. If you admit that you owe the debt on the credit card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer plaintiff. 

 

Objection. Leads to no legal conclusion. This type of questioning is irrelevant post judgment. If a judgment is rendered against the Defendant he will then discuss this answer with the Plaintiff.


13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.

 

Objection. Overly burdensome. The fact that the Defendant has any documents is enough in its self, when and where the Defendant obtained them is irrelevant.


14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. 

 

None

 

15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position.

 

Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.


Request for Production: 

1. All documents, including billing statements and cardholder agreement(s), related or pertaining to the account.

 

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.


2. A copy, front and back, of the credit card. 

 

Objection, the Plaintiff should already have this information, the Plaintiff is on a fishing expedition. The burden of proving an existence of such credit card rests with the Plaintiff.


3. Copies of all correspondence received from the issuer or other third parties related to collection of the account.

 

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

 


4. Copies of all letters or correspondence from you to the issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the account. 

 

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

 


5. All correspondence from you to any third party, other than your attorney, pertaining to this account. 

 

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

 


6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. 

 

Objection irrelevant, the Plaintiff is using this question to gain information in a false light, disguising it to obtain financial information that is not legally obtainable post judgment. The Plaintiff is using underhanded techniques and trying to gain information by disguising questions that will give them access to information that they do not need to know at this time. 


7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production.

 

Defendant has none.


8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. 

 

Defendant has none.


9. All documents you intend to rely upon or introduce into evidence at trial in this matter.

 

Defendant has none.


10. A list of any and all witnesses you plan to call for testimony at trial in this matter. 

 

Defendant has none.

 

 

 

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6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. 

OBJECTION: Violates defendant's privacy

Objection irrelevant, the Plaintiff is using this question to gain information in a false light, disguising it to obtain financial information that is not legally obtainable post judgment. The Plaintiff is using underhanded techniques and trying to gain information by disguising questions that will give them access to information that they do not need to know at this time. 

7. Any and all documents identified or referred to in response to plaintiff's requests for admission, interrogatories, and request for production.

 

Defendant has none.

8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. 

 

Defendant has none.

9. All documents you intend to rely upon or introduce into evidence at trial in this matter.

OBJECTION: Premature, discovery is still ongoing, defendant has not completed trial preparation

Defendant has none.

10. A list of any and all witnesses you plan to call for testimony at trial in this matter. 

objection: premature, discovery is still ongoing, defendant has not completed trial preparation

Defendant has none.

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Rule 2.309

 

(E) Option to Produce Business Records. Where the answer to an interrogatory may be derived from
(1) the business records of the party on whom the interrogatory has been served,
(2) an examination, audit, or inspection of business records, or
(3) a compilation, abstract, or summary based on such records,
and the burden of deriving the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to the interrogatory to specify the records from which the answer may be derived and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to identify, as readily as can the party served, the records from which the answer may be derived.

 

This sounds like a good out for most of these rogs, unless they provided all the documents to which they refer. They probably didn't, because they don't have them. Like this one:

 

 

 When did you first open the account (number xxxx-xxxx-xxxx-xxxx)?

 

 

This obviously refers to an application. Where else would you get this information? Did they provide the application? No, and they never will because they don't have it and neither does the OC.

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This is what I have typed up so far. Does this look like it would be appropriate?

 

DEFENDANT’S RESPONSES TO PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS

NOW COMES the Defendant, Jennalynn495, pro se, pursuant to MCR 2.309, 2.310, and 2.312, responds to Plaintiff’s, LVNV Funding LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows:

 

RESPONSES TO REQUESTS TO ADMIT


1. You personally opened the Credit Card in your name.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


2. The Credit Card was issued on the Account.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


3. You received the Credit Card.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


4. You received the Cardholder Agreement regarding the Credit Card Account.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


5. You activated the Credit Card.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


6. You used the Credit Card.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


7. You made one or more payments on the Account after using the Credit Card.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


8. Plaintiff is the current owner of the debt owed on the Account.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


9. Plaintiff is the correct entity entitled to receive payment on the Account.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


10. You personally used the Credit Card to make purchases and/or receive cash advances.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


11. You are not aware of any person other than yourself, or those given permission by you, who incurred charges on the Account.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


12. You defaulted in making payments to the Issuer for charges incurred on the Account.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


13. The balance on the Account on the date the Issuer charged off the Account was $690.34.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


14. The current balance on the Account is $944.37.

Response:

The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.


15. You received a Demand Letter from Plaintiff which stated: "unless you dispute this debt, or any portion of it, within 30 days after you receive this notice, we will assume that it is valid." A copy of the Demand Letter is attached as Exhibit A.

Response:

Exhibit A was never received by Defendant.

 

RESPONSES TO INTERROGATORIES



1. When did you first open the Account (number xxxx-xxxx-xxxx-xxxx)? 

Answer:

The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves the existence of this account the Plaintiff should already have this information. Burden of proof rests with the Plaintiff.


2. (a) What do you believe the current balance of the Account is at this time? (b)How did you calculate the amount?

Answer:

The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff.


3. Did you ever object to any billing statements you received from the Issuer regarding the Account? If so, state the date and substance of each such objection and attach copies of the objections(s). 

Answer:

The Defendant has never received any billing statements that may pertain to the alleged debt, therefore the Defendant cannot answer this question.

 

4. With respect to the Account, other than the Plaintiff, is any other party currently attempting to collect this debt? If so, please identify that party and the dates of such collection attempts.

Answer:

Information of this sort, if it exists, should already be known to the Plaintiff. The Defendant has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition.


5. State the date and amount of each transaction you made on the account. Attach copies of all account statements issued to you by the Issuer for the Account. 

Answer:

The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody?  Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.


6. If you admitted Request to Admit #7, please identify the date the payment was made. If any personal checks were used to make the payment on the Account, please provide the bank the check was drawn from. If you denied Request to Admit #7, please provide all banks with whom you banked since May 17, 2006.

Answer:

Objection. Irrelevant, will not lead to any legal conclusion.


7. State every address you have lived at since May 17, 2006. 

Answer:

Objection. Irrelevant, will not lead to any legal conclusion.


8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 

Answer:

Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgment, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff.


9. If you claim you are entitled to any credits on the Account, state the nature and the amount of the credits and how they were calculated.

Answer:

Defendant has denied the alleged debt, why would she claim any credits on an account that she has denied?  If such information becomes known to the Defendant during these proceedings the Defendant reserves the right to claim any credits.


10. If you denied Request to Admit #11, please identify the name, address, phone number, and your relationship with the person who made charges and the dates and amounts charged on the account by said third party. 

Answer:

Objection. Calls for legal conclusion. Defendant disputes the alleged account.


11. Please identify each person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as witnesses. 

Answer:

Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to her on an alleged account that is disputed.


12. If you admit that you owe the Debt on the Credit Card, but are unable to make payment in full at this time, please specify what payment plan terms you are able to offer Plaintiff. 

Answer:

Objection. Leads to no legal conclusion. This type of questioning is irrelevant post judgment. If a judgment is rendered against the Defendant he will then discuss this answer with the Plaintiff.


13. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.

Answer:

Objection. Overly burdensome. The fact that the Defendant has any documents is enough in its self, when and where the Defendant obtained them is irrelevant.


14. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories. 

Answer:

None

 

15. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position.

Answer:

Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.
 

RESPONSES TO REQUESTS FOR PRODUCTION


1. All documents, including billing statements and Cardholder Agreement(s), related or pertaining to the account.

Response:

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.


2. A copy, front and back, of the Credit Card. 

Response:

Objection. The Plaintiff should already have this information, the Plaintiff is on a fishing expedition. The burden of proving an existence of such credit card rests with the Plaintiff.


3. Copies of all correspondence received from the Issuer or other third parties related to collection of the Account.

Response:

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

 
4. Copies of all letters or correspondence from you to the Issuer, a credit bureau, or any other third party objecting to or disputing any charges or the balance of the Account. 

Response:

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

 


5. All correspondence from you to any third party, other than your attorney, pertaining to this Account. 

Response:

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

 


6. If you deny having received or used the Credit Card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. 

Response:

Objection. Violates Defendant’s privacy.


7. Any and all documents identified or referred to in response to Plaintiff's requests for admission, interrogatories, and request for production.

Response:

Defendant has none.


8. Any and all documents in you possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit. 

Response:

Defendant has none.


9. All documents you intend to rely upon or introduce into evidence at trial in this matter.

Response:

Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation.


10. A list of any and all witnesses you plan to call for testimony at trial in this matter. 

Response:

Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation. 

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If they did not provide any of the documents they reference, either by inference or directly, you can object based upon the rule I gave you. This is a general type of rule, most states have something like this. If they mention a contract or document and ask you questions about it, they have to provide you with a copy of it.

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Thank you!!

 

I have put this:

"The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response."

 

as the response to their requests for admission. Is it better to write this or just simply state DENY?

 

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Just deny unless you are looking to debate.   You leave options available to them when you explain yourself.   It's not wrong, but let them figure out what they did so you can only deny.  If they want to amend or ask you again or another way, let them.   You can if you want to but you don't have to help them.   You don't have to explain things to them unless required. 

 

I just got through with a deposition where I did 100% totally opposite what I'm advising you.   However, I know the risks and I wanted to debate.   A ton of my answers that I gave today I could have just said yes, no, I don't know, but I chose not to even though I could.   If you choose by your own choice then fine but don't think you have to. 

 

Most people are advised and it's generally correct that less is better.  It's generally understood that discovery is ongoing (not always) so you might be required by a rule to amend your responses, again something you don't have to explain.  If you have to do something required by rules you just do it, you don't have to say I'll obey the rules.   Does it hurt? not really and I don't see anything "wrong" with your answers but if you're new to this you might want to go bare minimal as far as information.  

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a plaintiff may not seek discovery from a defendant to determine whether that defendant has the means to satisfy a judgment.

The only matter where financial records con be discovered by pre trial motion for discovery is in a case that involves punitive damages.

 

Google this,,,financial records are not discoverable pre trial.

 

I can show you 100's of cases from different states that all say the same thing.

 

Here is a federal case.

questions concerning a defendant’s net worth and ability to satisfy a judgment “are
not relevant to the subject matter of the lawsuit”); United States ex rel. P.W. Berry
Company, Inc. v. General Electric Company,

 

Ranney-Brown Distributors, Inc. v. E.T. Barwick Industries, Inc., 75 F.R.D. 3, 4 (S.D.
Oh. 1977) (finding that “[O]rdinarily, Rule 26 will not permit the discovery of facts
concerning a defendant’s financial status, or ability to satisfy a judgment, as such
matters are not relevant, and cannot lead to the discovery of admissible evidence.

 

Review this one for a protective order where the plaintiffs attorney kept asking for financial records in different ways and tried to disguise his true endeavors.

Chenoweth v. Schaaf, which granted a protective order
preventing discovery of the defendant’s financial status because plaintiff had offered in the
complaint “nothing other than statements, conclusive in nature” demonstrating that
“punitive damages will be an issue.”

 

these case are for you to review to understand how a protective order works. You were asked several time in different manners to provide your finacial records to prove an issue, but the true endeavor of the attorney is to obtain your financial records for other means. Only when a judgment has been rendered against you or you are sued for punitive damages must you provide your financial records during discovery.

 

Pay attention to the ways you are asked for your financial records, the attorney tries to make it sound like he needs them to determine an issue, when in fact all he really wants is to have your financial records when he has no legal right to have them.

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Great!! Thank you for the information BTO!

 

I have a question about this part of the answer to one of the interrogatories: 

 

 

8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 

Answer:

Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgement, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff.

 

When it says post judgement does that mean after they have obtained a judgement again me? If so, they haven't yet...and hopefully won't. Should I change this to pre judgement?

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Great!! Thank you for the information BTO!

 

I have a question about this part of the answer to one of the interrogatories: 

 

 

8. Do you currently work? Is so, please identify your employer and provide the address and telephone number. 

Answer:

Objection. Irrelevant at this time in the case, the Defendant is under no obligation to provide this type of information to the Plaintiff post judgement, if a judgment is rendered against the Defendant then at that time, when the Defendant is called to answer as to wages and assets, the Defendant will give that information to the Plaintiff.

 

When it says post judgement does that mean after they have obtained a judgement again me? If so, they haven't yet...and hopefully won't. Should I change this to pre judgement?

Too much information in my opinion. OBJECTION: Premature. Trial pending. No judgement has been placed against defendant.

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Too much information in my opinion. OBJECTION: Premature. Trial pending. No judgement has been placed against defendant.

Same thing just stated a different way.

 

And I meant PRE judgment, must have been in a hurry I do not know why I put post judgment.

 

I go into a little more detail because the judge will usually ask why you think it is premature. I usually put in my state law and a case law from my court. I make sure the Judge knows that I know what I am talking about.

 

I have even had the other party object and state that the defendant gives no legal reason as to why he thinks it is premature.

 

I try to avoid having to answer it twice.

 

Here is how I see it; if you do not a$$ the bar on the first or second try where do you normally work, for the debt collectors,lo, just in case I have an attorney that does not know the rules or case law I give it to him/her and I let them know that i will hammer them hard on financial information that is asked for in discovery.

 

Debt collector attorneys ALWAYS try to get your financial records, either by just asking and hoping you are the least sophisticated consumer and do not know they cannot have your records pre judgement, or they try to sneak their request for financial records in by disguising it in some other way.

 

A common question they will ask is do you disagree with the amount in question? if so please provide your financial records to prove the correct balance. Its a ploy to get your records that they cannot have. You can prove account balances with out providing your financial records.

 

We all know why they want your financial records so I wont get into that.

 

I push hard when a plaintiff asks for financial records when they KNOW they cannot legally obtain them.

 

Another ploy they use is they send you a letter that says we may be able to offer you financial assistance in paying your debt, if you fill out the inclosed financial form we can review it. I am suing a local CA right now over this tactic, all it is is a ploy to get your financial records. It is a deceptive practice and FRAUD.

 

I gave the court a good argument on this and am awaiting the courts decision. I completelyy blindsided the ca's attorney, whom tried to say they did have measures in place to help people pay their debts, I asked for that proff and they tried to argue privileged business records and i shot them down and the court ordered them to provide them. they have 30 days and it is day 29 on Monday. If they do not get those docs in the Judge has already said he will give me my judgment.

 

It is to the point with this ca that when she sees me name on the defendants answer she immediately dismisses the case.

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Asking for bank records pre judgment is permissible. That doesn't mean you can't object for the usual reasons and make them fight for it, but it is a legitemate request. If the alleged lawyer knows what he's doing, and knows what to argue, he can prevail. Most of them don't. No, I won't give the answer, they get enough free education around here.

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6. If you deny having received or used the credit card, please produce all of your bank statements for the period from May 17, 2006 to October 31, 2007. Objection irreleveant, the Plaintiff is using this question to gain information in a false light, disguising it to obtain financial information that is not legally obtainable post judgment, The Plaintiff is using underhanded techniques and trying to gain information by disguising questions that will give them access to information that they do not need to know at this time.

 

 

 

a plaintiff may not seek discovery from a defendant to determine whether that defendant has the means to satisfy a judgment.

 

 

I completely disagree with the above.   The request has nothing to do with judgment or the means to satisfy a judgment.  It has to do with the plaintiff wanting to prove his case.

 

Don't get me wrong, I'm not supporting the JDB.  But to state that the request is not legal because no judgment has been rendered is wrong. 

 

MCR 2.302(B)(1) provides in part:

 

Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of another party...

There is no requirement that there be good cause for discovery of relevant and nonprivileged documents. Davis, supra at 503-504 [393 N.W.2d 914]. [Eyde, 172 Mich.App. at 54-55, 431 N.W.2d 459.]

 

Although unpublished, in Unifund v. Riley, the MI Court of Appeals stated:

 

"Obviously, if after further discovery it is determined that defendant did, in fact, make those payments, then plaintiff may be entitled to summary disposition on this claim."

 

That's what JDB plaintiffs are attempting to prove...that the defendant made payments to the OC.  So, yes, bank records are relevant, and it has nothing to do with the ability to satisfy a judgment.

 

If it were me, I might respond to the request by stating:

 

Objection.  Absent proof that Plaintiff owns the alleged account in question, the request is irrelevant, overly burdensome, etc.

 

In other words, they haven't proven they own the account, so they have no right to see your bank records.

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