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Help Please! Need to turn in Answer & Interrogatories today! CAP1 OC


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Please help.....I need to send this out today. 


 I appeared in court last month and stated my denial infront of the judge. My trial date is set for June 6th. I just received from the plantiffs (CAPITAL ONE) attorney's office last weekend a REQUEST FOR ADMISSIONS AND FOR ANSWERS TO INTERROGATORIES in pursuant to Rules 33 and 36(a) of the District Court Rules of Civil procedure and Rule 30 of the District Cour Rules of the State of Hawaii.


They attached statement from Aug 2011-Aug 2012. I need to respond in 10days after receipt so I have until today Monday 5/13/13. 


Here a are list of admissions they want me to respond to. please Help? 


#1- In or around Dec 12,2002, you were issue a credit card account by Capital One Bank (USA), bearing account number XXXXXXXX (the "credit card account"). 


#2- You were provided with the credit card for the credit card acount


#3- You received the credit card(S) for the credit card account. 


#4- You used the credit card account to make purchases and/or obtain extensions of credit.


#5- You recieved periodic billing statements that showed the charges made on the credit card account.


#6- You did not dispute in writting any charges appearing on any of the billing statements mailed to you.


#7- You allowed someone else to use the credit card account to obtain goods or services or cash advances.


#8- Attached as Exhibit "1" are true and correct copies of monthly billing statements that you received with respect to the credit card account. 


#9-Plantiff is owed the sum of $3640.29 as of January 14, 2013 on the credit card account. 


#10-You received mail at (addresss - mail recd) in the year 2012


 


Im trying the best I can reading through diff forums. Any advice on how to answer and even what next steps I have to take would greatly be appreciated.  I know my case is diff being first of all in Hawaii, and OC which I read can be difficult to beat.... They actually want me to try and settle with someone from their office before court date but I really don't have the funds for this. ugh....Thanks in advance for any help.....


 


Heres my original post 


http://www.creditinfocenter.com/community/topic/319979-help-received-summons-marvin-sc-dang-suing-for-capital-one-hawaii/?p=1240785

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  • 1 month later...

Tell MARVIN S.C. DANG LLC Aloha from County Roscommon Ireland

Court name here

plaintiff

banks name

Vs.

Defendant

My Name

Case #

Defendants Response To Plaintiff's Admissions

#1- In or around Dec 12,2002, you were issue a credit card account by Capital One Bank (USA), bearing account number XXXXXXXX (the "credit card account").

Response: The information known or readily 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- You were provided with the credit card for the credit card acount

Response: The information known or readily 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(S) for the credit card account.

Response: The information known or readily 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 used the credit card account to make purchases and/or obtain extensions of credit.

Response: The information known or readily 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 recieved periodic billing statements that showed the charges made on the credit card account.

Response: The defendant admits to receiving some billing statements on some accounts but does not have the information or knowledge to allow him to answer further. Subject to the foregoing, the defendant denies the request.

#6- You did not dispute in writting any charges appearing on any of the billing statements mailed to you.

Response: Admit: Defendant would normally dispute by the phone if their was unauthorized charges or any other reason to dispute anything appearing on any billing statement mailed to defendant.

#7- You allowed someone else to use the credit card account to obtain goods or services or cash advances.

Response: Objection, the request is overly broad and would require the defendant to guess who "someone else" is.Subject to the foregoing, the defendant denies the request.

#8- Attached as Exhibit "1" are true and correct copies of monthly billing statements that you received with respect to the credit card account.

Response: Objection, Plaintiff is using admissions as a fishing expedition leaving defendant to guess if these are true and correct copies of monthly billing statements that he allegedly received as the billing statements are not verified or authenticated.

#9-Plantiff is owed the sum of $3640.29 as of January 14, 2013 on the credit card account.

Response: The information known or readily 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 received mail at (addresss - mail recd) in the year 2012

Response: The defendant admits to receiving mail in the year 2012 at the address,but does not have the information or knowledge to allow him to answer further.

Send with a certificate of service, send the answers certified mail return receipt to the law office,check your local rules if you have to file a copy with the court.

Also the Haw.statute of limitations is 6 years. Rev. Stat. § 657-1 et. seq.

When was your last payment or charge?

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