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Help with discovery please... Totally overwhelmed and not sure how to proceed. I have read a lot of threads and thought I had some kind of handle on it, but I don't. My answers to 1st discovery are due at the end of next week. I will make my way through this list in the order in which they are presented. I find it very confusing.

 

Req for Production No. 1: Please produce copies of all documents and exhibits you will seek to introduce at trial. I have none...

 

ROG No. 1: Please list the name, physical address, mailing address, and telephone number of each lay witness who you will call to testify at trial. Again, I have none.

 

ROG No. 2: Please list all physical evidence that cannot be duplicated which you will seek to introduce at trial, along with its location, and times and dates when it will be available for examination by the Plaintiff. Huh? I don't have any...

 

ROG No. 3: Please list the name, physical address, mailing address, and telephone number of each expert witness who you will call to testify at trial. I don't have any.

 

Req for Production No. 2: For each person listed in response to ROG No. 3, please provide copies of their vita/resume. None again.

 

Req for Production No. 3: For each person listed in response to ROG No. 3, please provide copies of any and all reports/studies/or tests that they will rely on or refer to during the course of their anticipated testimony. None

 

Req for Admission No. 1: Chase Bank extended credit to you pursuant to a credit card account that is currently designated bt accnt num ending in **** ADMIT/DENY

 

ROG No. 4: If your response to Req Admission No. 1 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 4: If your response to Req Admission No. 1 is anything less than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Admission No. 2: You failed to repay the bank in full for the credit it extended to you.

 

ROG No. 5: If your response to Req Admission No. 2 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 5: If your response to Req Admission No. 2 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Admission No. 3: The bank routinely provided you with statements showing activity and the balance due on the credit card account at the time of the statements. ADMIT/DENY

 

ROG No. 6: If your response to Req Admission No. 3 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 6: If your response to Req Admission No. 3 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Admission No. 4: You failed to dispute or reject the credit card account statements provided to you by the bank. ADMIT/DENY

 

ROG No. 7: If your response to Req Admission No. 4 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 7: If your response to Req Admission No. 4 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Admission No. 5: Your payment on the credit card account is past due.

 

ROG No. 8: If your response to Req Admission No. 5 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 8: If your response to Req Admission No. 5 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Admission No. 6: Presently, the balance due on the CC account. $8k<d<$9k. ADMIT/DENY

 

ROG No. 9: If your response to Req Admission No. 6 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Admission No. 7: In 2011, the bank provided you a CC acct statement showing a balance due on the CC acct in the amount of $*****.** ADMIT/DENY

 

ROG No. 10: If your response to Req Admission No. 7 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 10: (this shows even lawyers get confused by their BS as there is no Req for pro 9) If your response to Req Admission No. 7 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Admission No. 8: Prior to the commencement of this action, Plaintiff acquired the bank's interest in the CC acct. ADMIT/DENY

 

ROG No. 11: If your response to Req Admission No. 8 is anything other than an unqualified admission, please explain the basis for your denial.

 

Req for Production No. 11: If your response to Req Admission No. 8 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

Req for Production No. 11: If your response to Req Admission No. 8 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial. (there really are two req pro 11s asking for the same thing!!!)

 

ROG No. 12: If your response to Request for Admission Num. 4 is anything other than an unqualified admission, please state when you notified Plaintiff of your dispute or rejection of the credit card statement or statements that you disputed or rejected. ??? can attorney for plaintiff's numbering really be trusted??? I mean, what the hell is he trying to pull here?

 

Any thoughts, advice, commiseration will be greatly appreciated. This guy is why all lawyers get a bad reputation.

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I'm just throwing things out here, you'll probably want a more legalese/professional version of what I am saying, but in general, this is the direction you should be shooting for. 

 

In addition, this is where throwing out case law is helpful.  You might want to cite a few cases.  Google Scholar is your friend.  You can also search here for some good examples.  

 

 

Req for Production No. 1: Please produce copies of all documents and exhibits you will seek to introduce at trial. I have none...

Defendant plans to exhibit no evidence at trial. Unless you have DV letters, etc. Do you have any documentation that this is not your debt?  You were somewhere else, etc.  If they can provide statements on purchases, that is.  This is what I would say. 

 

 

ROG No. 1: Please list the name, physical address, mailing address, and telephone number of each lay witness who you will call to testify at trial. Again, I have none.

Defendant plans to call no witnesses. 

 

 

ROG No. 2: Please list all physical evidence that cannot be duplicated which you will seek to introduce at trial, along with its location, and times and dates when it will be available for examination by the Plaintiff. Huh? I don't have any...

 

Defendant has no physical evidence to introduce. 

 

 

ROG No. 3: Please list the name, physical address, mailing address, and telephone number of each expert witness who you will call to testify at trial. I don't have any.

Defendant plans to call no expert witnesses. 

 

 

Req for Production No. 2: For each person listed in response to ROG No. 3, please provide copies of their vita/resume. None again.

You don't need to respond.

 

 

Req for Production No. 3: For each person listed in response to ROG No. 3, please provide copies of any and all reports/studies/or tests that they will rely on or refer to during the course of their anticipated testimony. None

You don't need to respond.  

 

 

Req for Admission No. 1: Chase Bank extended credit to you pursuant to a credit card account that is currently designated bt accnt num ending in **** ADMIT/DENY

Denied.  Unless you had an account with this number.  Then admit. 

 

 

ROG No. 4: If your response to Req Admission No. 1 is anything other than an unqualified admission, please explain the basis for your denial.

If they have no evidence, I would point this out at this time. 

 

 

Req for Production No. 4: If your response to Req Admission No. 1 is anything less than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   Plaintiff has no evidence that Chase Bank extended credit to Defendant pursuant to a credit card account that is currently designated bt accnt num ending in ****.

 

 

Req for Admission No. 2: You failed to repay the bank in full for the credit it extended to you.

Objection.  Defendant has already denial claim upon which this question is based. 

 

 

ROG No. 5: If your response to Req Admission No. 2 is anything other than an unqualified admission, please explain the basis for your denial.

If you had the card that they say you do, say "Defendant has paid this debt in full.  No proof exists that the debt was not paid."  If not, "Defendant maintains that such a debt never existed.  No proof exists that there is a debt due and payable.  

 

 

Req for Production No. 5: If your response to Req Admission No. 2 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

 

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   Plaintiff has no authenticated evidence that Defendant failed to repay the bank in full for the credit it extended to you.

 

 

Req for Admission No. 3: The bank routinely provided you with statements showing activity and the balance due on the credit card account at the time of the statements. ADMIT/DENY

Denied.  Unless true.  

 

 

ROG No. 6: If your response to Req Admission No. 3 is anything other than an unqualified admission, please explain the basis for your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   Plaintiff  has no evidence, that the bank routinely provided Defendant with statements showing activity and the balance due on the credit card account at the time of the statements.

 

 

 

Req for Production No. 6: If your response to Req Admission No. 3 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   Plaintiff  has no evidence, that the bank routinely provided Defendant with statements showing activity and the balance due on the credit card account at the time of the statements.

 

 

Req for Admission No. 4: You failed to dispute or reject the credit card account statements provided to you by the bank. ADMIT/DENY

Deny.

 

 

ROG No. 7: If your response to Req Admission No. 4 is anything other than an unqualified admission, please explain the basis for your denial.

 

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   There is no proof that Defendant ever received statements regarding this alleged account. 

 

 

Req for Production No. 7: If your response to Req Admission No. 4 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   There is no proof that Defendant ever received statements regarding this alleged account. 

 

 

Req for Admission No. 5: Your payment on the credit card account is past due.

Denied.  

 

 

ROG No. 8: If your response to Req Admission No. 5 is anything other than an unqualified admission, please explain the basis for your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   

 

 

Req for Production No. 8: If your response to Req Admission No. 5 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   

 

 

Req for Admission No. 6: Presently, the balance due on the CC account. $8k<d<$9k. ADMIT/DENY

Denied. 

 

 

ROG No. 9: If your response to Req Admission No. 6 is anything other than an unqualified admission, please explain the basis for your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.  Plaintiff has no evidence that there is any balance due.  

 

 

Req for Admission No. 7: In 2011, the bank provided you a CC acct statement showing a balance due on the CC acct in the amount of $*****.** ADMIT/DENY

Denied. 

 

 

ROG No. 10: If your response to Req Admission No. 7 is anything other than an unqualified admission, please explain the basis for your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   Plaintiff has no evidence that any statements of any kind were sent.  

 

 

 

Req for Production No. 10: (this shows even lawyers get confused by their BS as there is no Req for pro 9) If your response to Req Admission No. 7 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

It's difficult to prove a negative, but Defendant has no written proof that this denial is factual.   Plaintiff has no evidence that any statements of any kind were sent.

 

 

Req for Admission No. 8: Prior to the commencement of this action, Plaintiff acquired the bank's interest in the CC acct. ADMIT/DENY

Objection, calls for guesswork on the part of the Defendant.  Defendant is not privy to, nor is a expert on the financial dealings of Plaintiff. 

 

 

ROG No. 11: If your response to Req Admission No. 8 is anything other than an unqualified admission, please explain the basis for your denial.

Objection, calls for guesswork on the part of the Defendant.  Defendant is not privy to, nor is a expert on the financial dealings of Plaintiff. 

 

 

Req for Production No. 11: If your response to Req Admission No. 8 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial.

Objection, calls for guesswork on the part of the Defendant.  Defendant is not privy to, nor is a expert on the financial dealings of Plaintiff. 

 

 

Req for Production No. 11: If your response to Req Admission No. 8 is anything other than an unqualified admission, please produce copies of all documents and exhibits you rely upon in support of your denial. (there really are two req pro 11s asking for the same thing!!!)

Objection, calls for guesswork on the part of the Defendant.  Defendant is not privy to, nor is a expert on the financial dealings of Plaintiff. 

 

 

ROG No. 12: If your response to Request for Admission Num. 4 is anything other than an unqualified admission, please state when you notified Plaintiff of your dispute or rejection of the credit card statement or statements that you disputed or rejected. ??? can attorney for plaintiff's numbering really be trusted??? I mean, what the hell is he trying to pull here?

I never received notification of the charges so there is no way I could have disputed them. 

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Buckoff it would be really helpful if you could keep all your posts in the same thread.  You can change the title of your thread by editing the 1st post in it if you have new questions.  This is so everyone reading will have all the background info on your case, and not search. (some wont, but if it is there, you will get better help) just an fyi. :)

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Thank you. I will. \been reading for a couple of hours now... Going to take a lot more effort, but I'm up for it. Thanks to all who read, and for Admin for helping me to breathe last night. Thank you.

 

 

Take a shot at it. It'll be easier to get feedback that way. It's hard to give you a lot of information at this point without knowing the case background.

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I am preparing my discovery requests, but before I get into the actual requests, I wanted to post the preamble of definitions that were put upon us with Midland's request. I have changed it a little so as to reflect the change of perspective from plaintiff to defendant.  I have lifted, almost verbatim, their demands of me. Let me know what you guys think... Thanks.

 

TO: MIDLAND FUNDING, LLC, and its counsel Rausch, Strum, Israel, Enerson & Hornik, PLLC, and specifically Mr. Joshua S. Mirel, attorney for the Plaintiff.

 

Defendant, pursuant to Rules 26, 33, 34 and 36 of the Montana Rules of Civil Procedure, demands that the Plaintiff respond to the following discovery requests in writing and under oath within xx days from the time service is made upon you.

 

You are further notified that these Discovery Requests are continuing in nature and that the Defendant demands that any additional information coming into possession of you or your counsel that would change your answer or response in any way, be promptly furnished to Defendant.

 

In answering these interrogatories, you are not only to furnish such information as you know of your own personal knowledge, but also information available to you, including but not limited to information which is in the possession of investigators, assignors, employees, officers, directors, experts, accountants, agents or anyone else acting in the company's behalf. In answering these interrogatories, you are required to exercise due diligence and utilize your best efforts to obtain all information within your control, or control of any of your attorneys, investigators, employees, officers, directors, experts, accountants, agents or related entities referenced above.

 

Each interrogatory shall be liberally construed so as to require the disclosure of all information that might be in any manner relevant, or lead to the discovery of information relevant to the subject matter of this action. If you are unable to answer any particular interrogatory after exercising due diligence and your best efforts to obtain the information necessary to properly answer, then you shall state your inability to fully answer that particular interrogatory, and answer that particular interrogatory to the fullest extent possible, providing reasonable detail of all efforts undertaken in order to secure information necessary to fully answer that particular interrogatory.

With respect to requests for production, please submit the requested documents and exhibits to Defendant whose address is xxxxxxxxxxxxxxxxxxx, MT. Submission of documents is due xx days from the date these discovery requests were served upon you.

For the purposes of these discovery requests, the following definitions shall apply:

(a) “Complaint” refers to the Complaint filed by Plaintiff in this action and any amendments thereto.

(B) “Answer” refers to the Answer that Defendant filed in this action, or any amendments thereto.

© “Defendant” refers to BUCKOFF, Defendant in this action.

(d) “Plaintiff” refers to MIDLAND FUNDING, LLC, the Plaintiff in this action.

(e) “You” and “Your” refers to MIDLAND FUNDING, LLC, the party to whom these discovery requests are directed or as the context may require, any one or more of your representatives, including attorneys, investigators, assignors, employees, agents or others who are in possession of or may have obtained information for or on the behalf of the answering party.

(f) “Document” or “Documents” refers to written or printed paper furnishing information or evidence, any written item of a factual or informative nature and computer date files. The term document or documents includes, whether in paper or electronic form, contracts, offers, acceptance, business records, accords, satisfactions, notations, opinions, recommendations, diagnosis, court records, estimates, letters, e-mails, computer blogs, text messages, tweets, internet pages, and audio / video files. Any other compilation or articulation of information in paper or electronic form not already mentioned shall fit this definition as well.

(g) “Exhibit” or “Exhibits” refer to anything other than a document that you rely upon to support the position and allegations set forth in your Complaint.

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Here is my complete first draft of my requests for discovery. Please read and hit me hard if I am way off base for missing things. Much appreciation in advance and best of luck to us all!

 

xxxxxxxxxxxxxx xxxxxxxxxxxxxx xxxxxx xxxxx xxxxxxx xxxxxxxxxxxxx, xx xxxxx xxx xxx xxxx Defendant Pro Se
MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT, GALLATIN COUNTY

 

 

) Cause No. XXXXXXXXX

MIDLAND FUNDING LLC ) ) Plaintiff, ) DEFENDANT'S FIRST DISCOVERY

vs. ) REQUESTS TO PLAINTIFF

)

)

XXXXXXXXXX XXXXXXX )

)

)

Defendant. )

)

)

 

TO: MIDLAND FUNDING, LLC, and its counsel Rausch, Strum, Israel, Enerson & Hornik, PLLC, and specifically Mr. Xxxxxx Xxxxxxx, attorney for the Plaintiff.

 

Defendant, pursuant to Rules 26, 33, 34 and 36 of the Montana Rules of Civil Procedure, demands that the Plaintiff respond to the following discovery requests in writing and under oath within 30 days from the time service is made upon you.

 

You are further notified that these Discovery Requests are continuing in nature and that the Defendant demands that any additional information coming into possession of you or your counsel that would change your answer or response in any way, be promptly furnished to Defendant.

 

In answering these interrogatories, you are not only to furnish such information as you know of your own personal knowledge, but also information available to you, including but not limited to information which is in the possession of investigators, assignors, employees, officers, directors, experts, accountants, agents or anyone else acting in the company's behalf. In answering these interrogatories, you are required to exercise due diligence and utilize your best efforts to obtain all information within your control, or control of any of your attorneys, investigators, employees, officers, directors, experts, accountants, agents or related entities referenced above.

 

Each interrogatory shall be liberally construed so as to require the disclosure of all information that might be in any manner relevant, or lead to the discovery of information relevant to the subject matter of this action. If you are unable to answer any particular interrogatory after exercising due diligence and your best efforts to obtain the information necessary to properly answer, then you shall state your inability to fully answer that particular interrogatory, and answer that particular interrogatory to the fullest extent possible, providing reasonable detail of all efforts undertaken in order to secure information necessary to fully answer that particular interrogatory.

With respect to requests for production, please submit the requested documents and exhibits to Defendant whose address is MONTANA. Submission of documents is due 30 days from the date these discovery requests were served upon you.

For the purposes of these discovery requests, the following definitions shall apply:

(a) “Complaint” refers to the Complaint filed by Plaintiff in this action and any amendments thereto.

(B) “Answer” refers to the Answer that Defendant filed in this action, or any amendments thereto.

© “Defendant” refers to XXXXXXXXX XXXXXXX, Defendant in this action.

(d) “Plaintiff” refers to MIDLAND FUNDING, LLC, the Plaintiff in this action.

(e) “You” and “Your” refers to MIDLAND FUNDING, LLC, the party to whom these discovery requests are directed or as the context may require, any one or more of your representatives, including attorneys, investigators, assignors, employees, agents or others who are in possession of or may have obtained information for or on the behalf of the answering party.

(f) “Document” or “Documents” refers to written or printed paper furnishing information or evidence, any written item of a factual or informative nature and computer date files. The term document or documents includes, whether in paper or electronic form, contracts, offers, acceptance, business records, accords, satisfactions, notations, opinions, recommendations, diagnosis, court records, estimates, letters, e-mails, computer blogs, text messages, tweets, internet pages, and audio / video files. Any other compilation or articulation of information in paper or electronic form not already mentioned shall fit this definition as well.

(g) “Exhibit” or “Exhibits” refer to anything other than a document that you rely upon to support the position and allegations set forth in your Complaint.

 

REQUEST FOR PRODUCTION NUMBER 1.

Please produce the original signed application establishing the account.

RESPONSE:

 

 

REQUEST FOR PRODUCTION NUMBER 2.

Please produce charge slips bearing the Defendant's signature which establish use of the account.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 3.

Please produce the original written agreement in which Defendant allegedly assented to the terms of the account.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 4.

Please produce a complete history of the account from day one, establishing the legitimacy of the balance sought.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 5.

Please produce any document setting forth the choice of law provision.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 6.

Please produce any document Plaintiff intends to introduce at trial which establishes the exact day the subject account went into default.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 7.

Please produce 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.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 8.

Please produce any recording or transcript f any recording of telephone calls in which Defendant disputed the amount owed.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 9.

Please produce any canceled checks or copies of canceled checks, or other verified payments on the account Plaintiff intends to introduce at trial.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 10.

Please produce proof of mailing of monthly statements.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 11.

Please produce any documents evidencing that Defendant retained monthly statements for an unreasonable amount of time.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 12.

Please produce any document produced by Plaintiff in the normal course of business defining “unreasonable amount of time.”

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 13.

Please produce 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 the account number and name of the account holder.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 14.

Please produce the forward flow agreement governing this transaction.

RESPONSE:

 

 

 

DATED this ______ day of ____________, 2013.

 

By ___________________________________

Xxxxxxxxx  Xxxxxxxx

Defendant, Pro Se

 

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I have just typed a cover letter to the lawyer for MF introducing him to my Defendant's First Discovery Requests eliciting the errors that were perpetrated upon me when they mailed their discovery requests. please pass judgement and let me have it.

 

Dear XXXXXXX XXXXXXX:

 

Enclosed please find a copy of Defendant's First Discovery Requests.

 

I would also ask that you take note of my actual address, that I reside in APARTMENT B, as opposed to apartment 8 as addressed on your requests and demands in Plaintiff's First Discovery Requests. This will hopefully ensure no further misunderstandings resulting in delays caused by the confusion induced upon my rural mail carriers.

 

Finally, please note that in your cover letter dated April 2, 2013 informing me of the contents of your mailing that no Notice of Service of Plaintiff's First Discovery Requests was enclosed as advertised so auspiciously in the body of that letter. The Notice of Service of Plaintiff's First Discovery Requests did arrive in a separate mailing, post marked from zip code 53005 on April 5, 2013, on April 8, 2013. Being of limited means, as evidenced by being Pro Se in these proceedings, rest assured that your misinformation(s) caused a great deal of angst and added stress that was not necessary. I am not a legal professional and am at a most decided disadvantage in these proceedings, however, I must humbly ask that you do your due diligence in these matters, especially since you initiated them.

 

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Hello again all... I have just finished 1st answer to plaintiff's discovery requests. It appears that my state follows a convention that is not so similar to what I have seen here. That being said I think that I have followed form and should be ok. Please read my answers and make any recommendations or thoughts. Thanks very much in advance. You guys rock!

 

ME street, Apartment xxxxx, xx xxxxx aaa aaa aaaa Defendant Pro Se
MONTANA   DISTRICT COURT,  COUNTY

 

 

) Cause No. xx-xx-xx x

MIDLAND FUNDING LLC ) ) Plaintiff, ) ANSWER TO PLAINTIFF'S FIRST

vs. ) DISCOVERY REQUESTS TO DEFENDANT

)

)

ME )

)

Defendant. )

)

 

COMES NOW, DEFENDANT, ME, and hereby responds to Plaintiff, Midland Funding, LLC's First Discovery Request to Defendant:

REQUEST FOR PRODUCTION NUMBER 1.

Please produce copies of all documents and exhibits you will seek to introduce at trial.

RESPONSE:

Defendant plans to exhibit no evidence at trial.

 

INTERROGATORY NUMBER 1.

Please list the name, physical address, mailing address, and telephone number of each lay witness who you will call at trial.

RESPONSE:

Defendant plans to call no witnesses.

 

INTERROGATORY NUMBER 2:

Please list all physical evidence that cannot be duplicated which you will seek to introduce at trial, along with its location, and times and dates when it will be available for examination by the Plaintiff.

RESPONSE:

Defendant has no physical evidence to introduce.

 

INTERROGATORY NUMBER 3:

Please list the name, physical address, mailing address and telephone number of each expert witness who you will call to testify at trial.

RESPONSE:

Defendant plans to call no expert witnesses.

 

REQUEST FOR PRODUCTION NUMBER 2.

For each person listed in Interrogatory Number 3, please provide copies of their vita / resume.

RESPONSE:

 

REQUEST FOR PRODUCTION NUMBER 3.

For each person listed in Interrogatory Number 3, please provide copies of any and all reports / studies and / or tests that they will rely on or refer to during the course of their anticipated testimony.

RESPONSE:

 

REQUEST FOR ADMISSION NUM. 1

CHASE BANK USA, N.A. (“the bank”) extended credit to you pursuant to a credit card account that is currently designated by account number ending in xxxx (“the credit card account”).

RESPONSE:

After a reasonable inquiry, Defendant is unable to ascertain whether or not she opened and maintained an account with CHASE BANK USA, N.A. ending in 2236 and thus denies.

 

INTERROGATORY NUM. 4.

If your response to Request for Admission Num. 1 is anything other than an unqualified admission, please explain the basis for your denial.

RESPONSE:

This Request fails to identify the amount of "credit" allegedly extended and the terms under which it was allegedly extended. Defendant cannot admit to agreeing to repay an unknown amount of money under terms known only to Plaintiff.

 

REQUEST FOR PRODUCTION NUM. 4

If your response to Request for Admission Num. 1 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

 

 

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual. Plaintiff has no evidence that CHASE BANK USA, N.A. extended credit to Defendant in regards to alleged account ending xxxx.

 

REQUEST FOR ADMISSION NUM. 2

You failed to repay the bank in full for the credit it extended to you.

 

RESPONSE:

Objection. Defendant has already denial claim upon which this question is based.

 

INTERROGATORY NUM. 5.

If your response to Request for Admission Num. 2 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

Defendant maintains that such a debt never existed. No proof exists that there is a debt due and payable.

 

REQUEST FOR PRODUCTION NUM. 5

If your response to Request for Admission Num. 2 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual. Plaintiff has no authenticated evidence that Defendant failed to repay the bank in full.

 

REQUEST FOR ADMISSION NUM. 3

The bank routinely provided you with statements showing activity and the balance due on the credit card account at the time of statements.

 

RESPONSE:

Defendant cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

 

INTERROGATORY NUM. 6.

 

If your response to Request for Admission Num. 3 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual. Plaintiff has no evidence that the bank routinely provided Defendant with statements showing activity and balance due on the alleged credit card account at the time of the alleged statements.

 

REQUEST FOR PRODUCTION NUM. 6

If your response to Request for Admission Num. 3 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

 

RESPONSE:

Defendant has no written proof that denial is factual. Plaintiff has no evidence that the bank routinely provided Defendant with statements showing activity and balance due on the alleged credit card account at the time of the alleged statements.

 

REQUEST FOR ADMISSION NUM. 4

You failed to dispute or reject the credit card account statements provided to you by the bank.

 

RESPONSE: DENY

 

INTERROGATORY NUM. 7.

If your response to Request for Admission Num. 4 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

This request does not sufficiently identify the statements at issue from all others in the universe of statements. The request as framed seeks to have Defendant admit to receipt of statements possibly relating to different accounts, to receipt of statements sent in error, or to receipt of statements during time frames outside the scope of this litigation.

 

REQUEST FOR PRODUCTION NUM. 7

If your response to Request for Admission Num. 4 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

 

RESPONSE:

Defendant has no written proof that denial is factual. Plaintiff has no evidence that the bank routinely provided Defendant with statements showing activity and balance due on the alleged credit card account at the time of the alleged statements.

 

REQUEST FOR ADMISSION NUM. 5

Your payment on the credit card account is past due.

 

RESPONSE: DENY

 

INTERROGATORY NUM. 8.

If your response to Request for Admission Num. 5 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual.

 

REQUEST FOR PRODUCTION NUM. 8

If your response to Request for Admission Num. 5 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual.

 

REQUEST FOR ADMISSION NUM. 6

Presently, the balance due on the credit card account is $x,xxx.xx.

 

RESPONSE: DENY

 

INTERROGATORY NUM. 9.

If your response to Request for Admission Num. 6 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual. Plaintiff has no evidence that there is balance due.

REQUEST FOR ADMISSION NUM. 7.

In 2011, provided you a credit card account statement showing a balance due on the credit card account in the amount of $8,332.96.

 

RESPONSE: DENY

 

INTERROGATORY NUM. 10.

If your response to Request for Admission Num. 7 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual. Plaintiff has no evidence that any statements of any kind were sent.

 

REQUEST FOR PRODUCTION NUM. 10

If your response to Request for Admission Num. 7 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

 

RESPONSE:

It is difficult to prove a negative, but Defendant has no written proof that denial is factual. Plaintiff has no evidence that any statements of any kind were sent.

 

REQUEST FOR ADMISSION NUM. 8.

Prior to the commencement of this action, Plaintiff acquired the bank's interest in the credit card account.

RESPONSE:

Objection, calls for guesswork on the part of the Defendant. Defendant is not privy to, nor is an expert in the financial dealings of Plaintiff.

 

INTERROGATORY NUM. 11.

If your response to Request for Admission Num. 8 is anything other than an unqualified admission, please explain the basis for your denial.

 

RESPONSE:

Objection, calls for guesswork on the part of the Defendant. Defendant is not privy to, nor is an expert in the financial dealings of Plaintiff.

REQUEST FOR PRODUCTION NUM. 11

If your response to Request for Admission Num. 8 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

RESPONSE:

Objection, calls for guesswork on the part of the Defendant. Defendant is not privy to, nor is an expert in the financial dealings of Plaintiff.

 

REQUEST FOR PRODUCTION NUM. 11

If your response to Request for Admission Num. 8 is anything other than an unqualified admission, please please produce copies of all documents and exhibits you rely upon in support of your denial.

RESPONSE:

Objection, this request is duplicative.

 

INTERROGATORY NUM. 12.

If your response to Request for Admission Num 4. is anything other than an unqualified admission, please state when you notified Plaintiff of your dispute or rejection of the credit card statement or statements that you disputed of rejected.

 

RESPONSE:

Defendant never received notification of the charges so there is no way Defendant could have disputed them.

 

DATED this _________ day of ________________, 2013

 

By______________________________________

ME

Defendant Pro Se

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There were some CC statement copies sent in Plaintiff's first discovery req. I can honestly say that I have absolutely no recollection of getting them in regards to their purported dates. Also, I can honestly say and affirm that I never had a Chase account. There was a Providian account but those numbers appear to have been left to antiquity as I have had considerable trouble in ascertaining them. Thank you very very much for reading!

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Sorry to ask another question, but here it is:

 

WAMU took over Providian.  Chase then acquired WAMU accounts in 2008.  In your other thread, you said that you believe the last time you paid was 2010.  That means you would have sent the payment to Chase.  Do you remember when the account was charged off?  The reason I'm asking is that if it was charged off before Sept. 2008, it might be argued that Chase never extended credit to you as implied in Admission #1.

 

Have you found out for sure when you made the last payment?

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I am diligently trying to ascertain that myself. The situation is further complicated, not only by those tumultuous years of 2008-2011+, but also my own personal situation which involved a divorce after almost 30 years in 2007. :-\  I may, or may not, be personally liable for the debt in question, however, I am approaching it as if I were for 1: (unabashedly) personal preservation, and 2: somewhat noble considerations in helping an ex whom I still care about, even if we cannot stand each other.

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My personal belief, based on anecdotal personal experience, is that the last payment would have been made sometime in 2009. That is entirely conjecture on my part based on what I have to go with. I do not believe that a payment was ever rendered, addressed or stipulated in any way to Washington Mutual, dba Providian, or Chase. This is crazy! These passed few years are, indeed, CRAZY.

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