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Need advice on three questions on the JDB's requests.

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I have already gone through this stuff once and answered the original complaint. They sent a request for POD and admissions before the pretrial even and there are 3 questions that I am not sure how to answer yet.


The first one is:

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this matter, including, but not limited to, each witness’s full name, address, telephone number, and the substance of each such witness’s expected testimony. With respect to each expert witness, include that person’s qualifications, conclusion or opinion reached, and the basis of such conclusion or opinion.


Frankly, I am thinking I would like to put down the name of the person who is on their affidavit as having knowledge of the sale, and the person who is listed on the BOS for the prior JDB that they bought the debt from. But I am not sure if that would be ok or not.


The second is:

6. List all addresses at which you have resided or received mail since 02/09/2005, including applicable dates you received mail at each address.


Do I need to answer this or not?




8. If you claim that you are not responsible for credit card account ending in 8041, please state in detail the factual basis of your claim that you are not responsible for that account.


I do not recall this account, but it is possible that I did have it at one time. They only sent one month of statements with the OC and there were no transactions on it other than interest. 

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The affiant is technically their witness. You don't really want them to show up anyway. Just tell them you don't currently have any witnesses and that you'll supplement your answer as necessary.


I don't see any harm in giving them all your prior addresses. You could object, I don't see any reason to. 


If you already provided affirmative defenses in your answer, you could say as much in response and refer them to that.

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Don't put down their witness, because then you might be required to pay their way to come to court.  Better is to motion to get their affidavits thrown out.  


So answer it with #4. , the Defendant at this time has no witnesses, but reserves the right to call witnesses if need be once the Plaintiff answers their discovery given by the defendant.


2nd one, give them your old address.  They are just using it to show they have the right person, that statements were mailed to one of those addresses, and so they can compare it to your credit report.  Or you could object, and say something like Is objected by the Defendant on the grounds that it is personal, confidential, and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant.  (may or may not fly)


3rd one you can answer Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

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