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Midland/AZ - My Response to Admissions/Rogs/Prod of Docs

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Hello everyone!

 

OK, so I think I'm ready to send my responses but would love some feedback. 

 

Also, should I send my Request for Production of Documents along with responses or send separately?

 

Thanks in advance!

 

COMES NOW the Defendant, appearing pro se, hereby makes the following responses to Plaintiff’s Requests for Admissions, Interrogatories and Production of Documents, as follows:

1.  STATE YOUR FULL NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER.  The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

2. LIST ALL OTHER NAMES BY WHICH YOU HAVE BEEN KNOWN.  I have been known by no other names in the course of business to my knowledge other than my legal name.

3. STATE YOUR PRESENT RESIDENCE ADDRESS, HOME PHONE NUMBER AND CELL PHONE NUMBER.  Defendant objects on the grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant. The Plaintiff's attorneys have used a document server to deliver the previous action to the home of the Defendant. The request for the present address is redundant, and the request for phone numbers is invasive of the Defendant's privacy rights. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents, or information already in Plaintiff's possession.

4. FOR YOUR PRESENT SPOUSE AND FOR EACH FORMER SPOUSE, STATE THE FOLLOWING:  I am not currently married. Defendant objects to most of the requests made in this interrogatory question. “Former spouse” is not John Doe LoManto and if another real and alive party is a party in this suit, then Plaintiff should name them. If any other party is implied in this proceeding, the Plaintiff should declare as such so that sufficient time may be allotted to locate, contact, and request documentation or statement from any previous spouse implicated by the Plaintiff in this proceeding. If the court requires, I will provide the date of any previous marriage and the date, place, and manner of dissolution or termination of any previous marriage.

5. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION DEMONSTRATING THE DATE OF YOUR MARRIAGE.  The Defendant references the previous argument and response in interrogatory number 4, and will submit to the court any and all documents in my possession regarding Plaintiff's request number 5 if the court sees a valid reason for doing so, or the Plaintiff provides a valid reason or person implicated and the court agrees. Otherwise, the request appears to be invasive of the Defendant's privacy rights.

6. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION DEMONSTRATING THE DATE AND PLACE OF DISSOLUTION OR TERMINATION OF YOUR MARRIAGE.  The Defendant references the previous argument and response in interrogatory number 4, and will submit to the court any and all documents in my possession regarding Plaintiff's request number 6 if the court sees a valid reason for doing so or the Plaintiff provides a valid reason or person implicated and the court agrees. Otherwise, the request appears to be invasive of the Defendant's privacy rights.

7. ADMIT THAT YOU HAD A CREDIT CARD ACCOUNT WITH THE PLAINTIFF.  DENY, nor has the Plaintiff presented any signed documentation which proves I have ever had a credit card with the Plaintiff.

8. ADMIT THAT YOU ENTERED INTO A CONTRACT WITH THE PLAINTIFF FOR A CONSUMER CREDIT CARD ACCOUNT BY USING THE CREDIT CARD TO PURCHASE MERCHANDISE, SERVICES OR CASH ADVANCES.  DENY, nor has the Plaintiff presented any signed documentation which proves I entered into a contract with the Plaintiff.

9. ADMIT THAT USING THE CREDIT CARD ACCOUNT TO PURCHASE MERCHANDISE SERVICES OR CASH ADVANCES OBLIGATED YOU TO PAY THE PLAINTIFF.  The Defendant cannot either Admit or Deny using any credit card account to purchase merchandise services or cash advances obligating the Defendant to pay the Plaintiff. At this time, the Defendant is unable to Admit or Deny because no evidence has been submitted by the Plaintiff or their attorneys showing any signed documentation by the Defendant, no documentation or paperwork proving the alleged debt, their legal ownership of the debt, a listing of how the alleged debt was calculated and incurred, or any validation of the alleged debt to the Defendant. The Defendant wishes to add that without further documented evidence for the Defendant to review, provided by the Plaintiff or their attorney, regarding the alleged debt, the Plaintiffs attorneys are being either intentionally broad or attempting to have the Defendant admit to a debt that the Defendant has had no opportunity to review or validate.

10. IF YOU DENY THE PRECEDING REQUEST FOR ADMISSION, EXPLAIN THE REASONS FOR DENIAL.  Please reference the aforementioned response to interrogatory number 9.

11. ADMIT THAT PLAINTIFF SENT YOU STATEMENTS FOR SUCH PURCHASES OR CASH ADVANCES.  DENY.  The Defendant will deny that the Plaintiff sent the Defendant any statements for purchases or cash advances.

12. ADMIT YOU DID NOT PAY ALL OF THE AMOUNTS LISTED ON PLAINTIFF’S STATEMENTS WHICH WERE SENT TO YOU.  Please reference the aforementioned response to interrogatory number 10.

13. ADMIT THAT YOU PRESENTLY OWE $7,564.00 ON THE SUBJECT CREDIT CARD ACCOUNT.  The Defendant cannot admit or deny the alleged presently owed balance, citing the aforementioned response in interrogatory number 9.

14. IF YOU DENY THE PRECEDING REQUEST FOR ADMISSION, EXPLAIN THE REASONS FOR YOUR DENIAL AND STATE THE CORRECT AMOUNT YOU OWE ON THE CREDIT CARD ACCOUNT.  Please reference the previous argument for denial. The Defendant Denies that any amount is owed to the Plaintiff without further investigation by the Defendant and documentation presented for inspection and review by the Plaintiff and/or their attorneys.

15. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION THAT SUPPORT YOUR CONTENTION OF THE CORRECT AMOUNT DUE.  No documentation is in the Defendant's possession that confirms the Defendant owes any amount due to the Plaintiff. As none exists, the Defendant is unable to furnish any documentation.

16. ADMIT THAT YOU RECEIVED A STATEMENT FROM PLAINTIFF STATING THAT $7,564.00 WAS DUE FROM YOU FOR THE PURCHASE OF MERCHANDISE SERVICES OR CASH ADVANCES.  The Defendant has no statement in the Defendant's possession that was sent by the Plaintiff. To the best of the Defendant's knowledge and recollection, there was no dollar amount whatsoever listed on any alleged statements sent by the Plaintiff, and the Defendant is certain that no detailed breakdown of charges or detailed statement of charges was received by the Defendant, sent by the Plaintiff, at any time to prove the validity of the amount demanded by the Plaintiff or their attorneys. At this time, and without further evidence, the Defendant must Deny this section of the interrogatory.

17. WITH RESPECT TO EACH AND EVERY AFFIRMATIVE DEFENSE YOU HAVE ALLEGED IN YOUR RESPONSIVE PLEADING TO PLAINTIFF’S COMPLAINT: A. STATE IN DETAIL EACH AND EVERY FACT UPON WHICH YOU BASE EACH AFFIRMATIVE DEFENSE ALLEGED IN YOUR RESPONSIVE PLEADING.  As listed in my responsive pleading to Plaintiff’s complaint, it is the belief of the defendant that the Plaintiff in this action has merely made conclusory hearsay statements and lacks standing to sue in this case, and as of yet, has not proven standing nor given evidence of documents proving standing.

18. IDENTIFY AND ATTACH ALL DOCUMENTS THAT SUPPORT, REFER TO, OR RELATE IN ANY WAY TO EACH SUCH AFFIRMATIVE DEFENSE AND/OR COUNTERCLAIM.  Please reference the above stated Affirmative Defense, Lack of Standing. Additional defenses may be presented if the Plaintiff submits additional evidence which, after scrutiny, may be affected at a later time.

19. STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF YOUR CURRENT EMPLOYER.  This interrogatory is objected to by the Defendant on the grounds that the information sought is irrelevant and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. It is premature relating to this state of discovery and the suit because no decision has been made by the court. If the court should rule in the Plaintiff's favor for garnishment of wages, the Defendant would comply with the court's decision and furnish the information requested by the Plaintiffs attorneys, or any decision by the court that the Defendant should produce this information.

 

 

Thanks again!!

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Another question:  I'm in Arizona and it looks like according to Rule 34 of the ARCP, I am only allowed to request 10 categories of documents or items.. After researching this website, I found a list of 14:

 

1. The original signed application establishing the account.

2. Charge slips bearing defendant's signature which establishes use of the account.

3. The original written agreement in which defendant allegedly assented to the terms of the account.

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

5. Any document setting forth the choice of law provision.

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default.

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce.

8. Any recording, transcript of any recording, or telephone calls in which defendant disputed the alleged amount owed.

9. Any cancelled checks, or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial.

10. Proof of mailing of monthly statements.

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time.

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time".

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction.

 

If I'm understanding the Rule, I need to delete 4 of these items, correct? 

 

I hope this isn't a stupid question.........thanks again!

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