SleeplessinNY

In NY - Need help answering Plaintiff's 1st set of Interrogatories

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Thanks to all who helped me with answering my Summons/Complaint back in Sept./Oct last year. 

 

Now I have received the above documents. 

 

I am being sued by Midland A/S/I/I for OC.  I have never received any sort of supporting documents that clarified their claim to assignation or information on the account they refer to by only the last 4 digits of the account #. 

 

I have been reading the CLPR but still don't understand it really. So some of my questions are:

 

In the interrogatories (there are 22 questions) -

 

Do I have to answer the questions that refer to my present occupation, business name & prior employment and places I've resided?  My reason for not wanting to is future creditors calling my work place. Why do they want 7-10 yrs of information?

 

They ask if I opened & maintained an account with the Plaintiff (obviously NO) or the Plaintiff's predecessor (which would be yes, but not specifically knowing if it is the account in question). 

 

Some of the others regarding authorizing anyone else to open & maintain is a NO, so no question there. 

 

It is proper to use "not applicable" to questions that refer to and follow a NO answer?

 

One question seems very confusing to me, since it ask "If no, describe the circumstances surrounding your discovery of the account involved in this lawsuit being in your name" The preceding question is not a yes/no type of question.  And like I stated before no documentation/paperwork accompanied the summons & complaint.

 

Then after all the questions regarding if this account was opened by someone else they ask " Did you ever receive account statements for the account in question."  How do I answer that honestly if I haven't seen any documents?  The remaining questions all refer to "this account" and the Plaintiff's predecessor, whether I disputed the account, made payments, how and when were payments made, copies of checks, etc.

 

Anyone that can translate these questions would be greatly appreciated..I know no legal ADVICE is given here :please:

 

 

Thanks in advance,

Sleepy..sometimes grumpy too

 

NEXT TIME I'll ask about Notice to Admit.... ::daisy::

 

 

 

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Anyone that can translate these questions would be greatly appreciated..I know no legal ADVICE is given here  :please:

 

 

Need the questions in order to translate them . . . 

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Here are the questions:

 

 

State your full name & address. NO QUESTION HERE

 

 

State the address(es) at which you have resided in the last ten (10) years. DO I HAVE TO GIVE THEM THIS INFORMATION - WHY I WOULDN'T WANT TO I'M NOT SURE.

 

 

Did you ever open & maintain and account with the Plaintiff or Plaintiff’s predecessor in interest?  I DID NOT WITH THE PLAINTIFF BUT I DID HAVE 'AN ACCOUNT' WITH THE OC, ALL THE INFORMATION PROVIDED BY THE JDB IS THE LAST 4 DIGITS, NO OTHER PAPERWORK, STATEMENT OR ANYTHING WAS INCLUDED WITH MY COMPLAINT & SUMMONS

 

 

Did the Defendant receive the credit agreement from the Plaintiff’s predecessor in interest? 

 

 

State your occupation.

 

 

How long have you been employed as such?

 

 

Stat e the addresses at which you have worked for the past seven (7) years. DO I HAVE TO ANSWER THIS

 

 

Did you ever authorize anyone to open & maintain any account with the Plaintiff’s predecessor in interest on your behalf?  NO

 

 

If yes, state the name of the person to whom you gave authorization.   N/A

 

 

State whether authorization was written or oral    N/A

 

 

If written, set forth a copy of said authorization.  If oral, set forth the sum and substance of the oral authorization, when it was entered into, where, and who acted on each party’s behalf.  N/A

 

 

If no, describe the circumstances surrounding your discovery of the account involved in this lawsuit being in your name.  N/A

 

 

Who do you claim or believe opened this account?

 

 

Set forth the basis of your claim or belief.

 

 

State his/her full name, address and relationship to yourself.

 

 

Did you ever receive account statements for the account in question?

 

 

If yes, did you at any time dispute the account either in writing or orally?

 

 

If written, please attach copies of all communications sent to the Plaintiff’s predecessor in interest.  If oral, please state to whom you spoke, the approximate date and time and the sum and substance of the conversation.

 

 

Set for the date and address to which each such written communication was mailed.

 

 

Did you ever make payments towards this account?  AGAIN, NO INFO EXCEPT LAST 4 DIGITS OF ACCOUNT

 

 

If yes, please attach any checks, money orders of any other means of payment.

 

 

Set forth the dates each such payment was made.

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State the address(es) at which you have resided in the last ten (10) years. DO I HAVE TO GIVE THEM THIS INFORMATION - WHY I WOULDN'T WANT TO I'M NOT SURE.

 

give them your current address, and objection, not relevant and will not lead to any of areas of discovery.

Did you ever open & maintain and account with the Plaintiff or Plaintiff’s predecessor in interest?  I DID NOT WITH THE PLAINTIFF BUT I DID HAVE 'AN ACCOUNT' WITH THE OC, ALL THE INFORMATION PROVIDED BY THE JDB IS THE LAST 4 DIGITS, NO OTHER PAPERWORK, STATEMENT OR ANYTHING WAS INCLUDED WITH MY COMPLAINT & SUMMONS After a reasonalbe inquiry, defendant has no recollection of account with xxxx numbers.

 

 

Did the Defendant receive the credit agreement from the Plaintiff’s predecessor in interest? after a reasonable search defendant does not recall a credit agreement from plaintiff, and does not have one in his possession.

 

 

State your occupation.Objection. not likely to lead to any areas of discovery.

 

 

How long have you been employed as such?Objection, stated above

 

 

Stat e the addresses at which you have worked for the past seven (7) years. DO I HAVE TO ANSWER THIS Objection, not likely to lead to any areas of discovery.

 

 

Did you ever authorize anyone to open & maintain any account with the Plaintiff’s predecessor in interest on your behalf?  NO

 

 

If yes, state the name of the person to whom you gave authorization.   N/A

 

 

State whether authorization was written or oral    N/A

 

 

If written, set forth a copy of said authorization.  If oral, set forth the sum and substance of the oral authorization, when it was entered into, where, and who acted on each party’s behalf.  N/A

 

 

If no, describe the circumstances surrounding your discovery of the account involved in this lawsuit being in your name.  after a reasonable inquiry, defendant had denied recalling said account.

 

 

Who do you claim or believe opened this account?

Defendant would not know the answer to this.

 

Set forth the basis of your claim or belief.

as above.

 

State his/her full name, address and relationship to yourself.

as above

 

Did you ever receive account statements for the account in question?

after a reasonable inquiry defendant does not recall receiving statements from an account with xxxx.

 

If yes, did you at any time dispute the account either in writing or orally?

 

 

If written, please attach copies of all communications sent to the Plaintiff’s predecessor in interest.  If oral, please state to whom you spoke, the approximate date and time and the sum and substance of the conversation.

 

i dont know if you had any communications, you could put the dunning letters you got, or you could said none.

Set for the date and address to which each such written communication was mailed.

same

 

Did you ever make payments towards this account?  AGAIN, NO INFO EXCEPT LAST 4 DIGITS OF ACCOUNT

after a reasonable inquiry defendant does not recall making payments to xxxx account.

 

If yes, please attach any checks, money orders of any other means of payment.n/a

 

 

Set forth the dates each such payment was made. n/a

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Here's a few suggestions, as well.

 

 

Did you ever open & maintain and account with the Plaintiff or Plaintiff’s predecessor in interest?

 

Objection.  Whether or not _________________(OC) is Plaintiff's predecessor in interest of an alleged account ending in XXXX is undetermined.  Without waiving the foregoing objection, Defendant has never opened an account with the Plaintiff.  After a reasonable inquiry, Defendant is unable to ascertain whether or not he opened and maintained an account with _______ (OC) ending in XXXX. 

 

 

 

Did the Defendant receive the credit agreement from the Plaintiff’s predecessor in interest?

 

 

Use the same objection as above.   Without waving the foregoing objection, after a reasonable inquiry, Defendant does not recall receiving an agreement from ______(OC).

 

 

 

 

Did you ever make payments towards this account?  AGAIN, NO INFO EXCEPT LAST 4 DIGITS OF ACCOUNT

 

 

After a reasonable inquiry, Defendant is unable to determine if payments were made to an alleged account ending in XXXX.

 

Something like that.   :-)

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Thanks for the suggestions for answering.  I think I have finally determined when I have to have my answers in by..I am terrible at checking my mail..sometimes I go weeks without.  I believe I have an extra 5 days from their postmark added to the 20 day response time.  So that gives me until Monday.  Now I'm starting to panic.

 

There is also the attached page at the end of the Interrogatories AND the Notice to Admit..Is this a format I need to copy and fill in my information and the atty for the JDB then take to court after I have mailed my answers (CMRRR) and have it filed? 

 

Sorry, I am really a newbie at this, and our court library is far away and only open hours that I am working.

 

Thanks in advance.

NTA.pdf

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I am due to send this today, Monday the 6th - :shock: but still stumped on a few - #3, then #12 and 16-22.  I have NEVER received anything to show exactly what account this is referring to (ONLY LAST 4 DIGITS) and want to properly phrase this "alleged" account responses.  I have already "stolen" some responses from others answers - ones that make sense to me.

 

PLEASE HELP!!

 

My answers:

 

1.  State your full name & address:

 

I DID

 

 

2.  State the address(es) at which you have resided in the last ten (10) years.

 

I DID TO THE BEST OF MY RECOLLECTION, I'VE MOVED ALOT AND DON'T REMEMBER ALL EXACT ADDRESS #'S, WILL THAT BE A PROBLEM?

 

3.  Did you ever open & maintain and account with the Plaintiff or Plaintiff’s predecessor in interest?

 

Objection.  Whether or not Chase is Plaintiff's predecessor in interest of an alleged account ending in XXXX is undetermined.  Without waiving the foregoing objection, Defendant states she has never opened an account with the Plaintiff. 

 

 

4.  Did the Defendant receive the credit agreement from the Plaintiff’s predecessor in interest?

 

Objection.  "The credit card agreement" has not been appended to the request. Therefore, Defendant is unable to formulate a proper response.

 

 

5.  State your occupation.

 

Objection.  Relevance.

 

 

6.  How long have you been employed as such?

 

Objection.  Relevance.

 

 

7.  State the addresses at which you have worked for the past seven (7) years.

 

Objection.  Relevance.

 

 

8.  Did you ever authorize anyone to open & maintain any account with the Plaintiff’s predecessor in interest on your behalf?

 

Objection.  Request asks for the Defendant to draw a legal conclusion as to predecessor in interest.  Determining if the Plaintiff is the predecessor in interest of the alleged account and alleged debt is a matter for trial.

 

 

9.  If yes, state the name of the person to whom you gave authorization.

 

Not applicable.  Answer to interrogatory #8 was not yes.

 

 

10.  State whether authorization was written or oral.

 

Objection.  Without waiving the prior objection, the Defendant has given no oral or written authorizations to any party to act on behalf of the Defendant in any matter which is the subject matter of Plaintiff's complaint.

 

 

11.  If written, set forth a copy of said authorization.  If oral, set forth the sum and substance of the oral authorization, when it was entered into, where, and who acted on each party’s behalf.

 

Subject matter of Plaintiff's request has been objected and Defendant renews objection. Without waiving the prior objection, the Defendant has given no oral or written authorizations to any party to act on behalf of the Defendant in any matter which is the subject matter of Plaintiff's complaint.

 

 

12.  If no, describe the circumstances surrounding your discovery of the account involved in this lawsuit being in your name.

              

       ???????????

 

 

13.  Who do you claim or believe opened this account?

 

Objection.  Calls for a conclusion which is beyond Defendant's scope of knowledge. Certainly the Plaintiff can establish such information by its business records.

 

 

14.  Set forth the basis of your claim or belief.

 

Objection.  See #13.

 

 

15.  State his/her full name, address and relationship to yourself.

 

Objection.  See #13.

 

 

16.  Did you ever receive account statements for the account in question?

 

Objection.  ?????

 

 

 

 

17.  If yes, did you at any time dispute the account either in writing or orally?

 

 

 

18.  If written, please attach copies of all communications sent to the Plaintiff’s predecessor in interest.  If oral, please state to whom you spoke, the approximate date and time and the sum and substance of the conversation.

 

 

 

19.  Set for the date and address to which each such written communication was mailed.

 

 

 

20.  Did you ever make payments towards this account?

 

 

 

21.  If yes, please attach any checks, money orders of any other means of payment.

 

 

 

22.  Set forth the dates each such payment was made.

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#12 Objection.  Calls for a conclusion which is beyond Defendant's scope of knowledge. Certainly the Plaintiff can establish such information by its business records.

16- After a reasonable inquiry defendant cannot admit or deny, therefore denies.

#17 see 16.

18. after a reasonable inquiry, Defendant has no written or oral communication with the alleged Plaintiff's predecessor

19- see 18.

20.  After a reasonable inquiry defendant is unable to ascertain if payment were made to alleged account.

21. after a reasonable inquiry defendant is unable to locate any documents requested.

22. after a reasonable inquiry defendant is unable to ascertain any dates that any payments may have been made on alleged account.

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They asked some pretty pointed questions, they may try to compel you to admit, but most the time, if they do not have anything, they don't.  take it one step at a time.

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Now for my last minute - Notice to Admit

 

AGAIN - How would I answer, of course it is all about the question of WHAT account is this, only having the last 4 digits of acct??

 

  1. Defendant resides at XXXXXXX.   ADMIT
  2. Defendant requested a credit card from the Plaintiff’s predecessor in interest.
  3. Defendant received a credit card from the Plaintiff’s predecessor in interest.
  4. Defendant maintained a credit card account with the Plaintiff’s predecessor in interest.
  5. Defendant was furnished with a copy of the cardmember agreement when the account was opened.
  6. Defendant charged various goods and services on the credit card account.
  7. Defendant received monthly statements from the Plaintiff’s predecessor in interest.
  8. Defendant sent checks in partial payment to the billing statements received.
  9. Defendant never wrote to the Plaintiff disputing any of the statements of the account.
  10. The final statement sent to the Defendant revealed a balance due and owing of xxxxx.

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Now for my last minute - Notice to Admit

 

AGAIN - How would I answer, of course it is all about the question of WHAT account is this, only having the last 4 digits of acct??

 

  1. Defendant resides at XXXXXXX.   ADMIT
  2. Defendant requested a credit card from the Plaintiff’s predecessor in interest.
  3. Defendant received a credit card from the Plaintiff’s predecessor in interest.
  4. Defendant maintained a credit card account with the Plaintiff’s predecessor in interest.
  5. Defendant was furnished with a copy of the cardmember agreement when the account was opened.
  6. Defendant charged various goods and services on the credit card account.
  7. Defendant received monthly statements from the Plaintiff’s predecessor in interest.
  8. Defendant sent checks in partial payment to the billing statements received.
  9. Defendant never wrote to the Plaintiff disputing any of the statements of the account.
  10. The final statement sent to the Defendant revealed a balance due and owing of xxxxx.

 

just asking..

Did the Plaintiff PROVE they OWN this debt?  "Plaintiff's predecessor in interest"

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@ peanutrs. No.  I have had no "proof" of anything.  Only a summons & complaint with NO documentation, now the interrogatories & the notice to admit.

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@ peanutrs. No.  I have had no "proof" of anything.  Only a summons & complaint with NO documentation, now the interrogatories & the notice to admit.

 

If the Plaintiff JDB did not provide any documentation/affidavits, chain of title...

You case would definately have "lack of standing".

The burden of proof is the Plaintiff's to prove they OWN the debt, and also that the Defendant OWES the debt.

They need to prove this or they have lack of standing..

The Plaintiff has not provided documentation that they are the successors-in- interest of this debt.

I would:

Deny. Plaintiff has provided no proof that they are the successors-in- interest of the alleged debt.

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Deny. Plaintiff has provided no proof that they are the successors-in- interest of the alleged debt.

 

Or one step further...

 

Deny. Plaintiff has provided no proof that they are the successors-in- interest of the alleged debt or even how the alleged debt was calculated.

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Just keep going in here, it keeps everything in one place for easier reference.

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I am due to appear in a few days for my preliminary conference.  The JDB attorney filed for an RJI.  They are stating breach of contract.

 

I answered their interrogatories a while back but never requested anything of them.  I really don't understand the whole process despite reading here and the CPLR's.  I recently received a package of papers with the "Designation and Discovery Stipulation and Order - Standard Case" which seems to have nothing except one part relevant.  I am attaching. Also was general "procedure" for the court - i think at least - it is confusing to me (also attached).

 

A cover letter from the atty, says the stipulation & order must be filled out prior to the conference and that I should call them to discuss the stipulation.  I have not had any contact with them at all.  Do I need to call them?

 

The "instructions" say to provide the court with "marked pleadings" and "bills of particulars". 

 

Does anyone have any tips on how to prepare myself for this conference.  I really feel very nervous & unsure of my understanding of the basics in civil law. 

Discovery stipulation and ordee-11262013171631.pdf

General - Prelim conference-11262013171728.pdf

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