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Defendant Disclosure Statement


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just like your other papers for the court. Title it Defendants Initial Disclosures.

then under that number your answers.

1. Defendants has no witnesses to call other than for impeachment purposes.

2. Defendant has no documents to produce

3. Defendant has no exhibits.

 

sign and date it, then verify at the bottom you sent a copy to plaintiff, send it CMRRR.

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just like your other papers for the court. Title it Defendants Initial Disclosures.

then under that number your answers.

1. Defendants has no witnesses to call other than for impeachment purposes.

2. Defendant has no documents to produce

3. Defendant has no exhibits.

 

sign and date it, then verify at the bottom you sent a copy to plaintiff, send it CMRRR.

Thank you!

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DEFENDANT’S RESPONSE TO REQUESTS FOR DISCLOSURE

 

To: Whatever Bank, through its attorney, Bill Smith 4635 Southwest Hwy, Suite 721, Scottsdale AZ 85254

 

The Defendant makes the following response to the Requests for Disclosure included in the Plaintiff’s Original Petition:

 

A. The correct names of the parties to the lawsuit

Response: The Defendant’s name is

 

B. The name, address and phone numbers of any potential parties.
Response: The Defendant does not know the name, address or phone number of any potential parties.

 

C. The legal theories and, in general, the factual bases of your claims and defenses;
Response:

                   How did you answer this

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DEFENDANT’S RESPONSE TO REQUESTS FOR DISCLOSURE

 

To: Whatever Bank, through its attorney, Bill Smith 4635 Southwest Hwy, Suite 721, Scottsdale AZ 85254

 

The Defendant makes the following response to the Requests for Disclosure included in the Plaintiff’s Original Petition:

 

A. The correct names of the parties to the lawsuit

Response: The Defendant’s name is

 

B. The name, address and phone numbers of any potential parties.

Response: The Defendant does not know the name, address or phone number of any potential parties.

 

C. The legal theories and, in general, the factual bases of your claims and defenses;

Response:

                   How did you answer this

 

I answered similar to what the previous person mentioned.  

 

According to AZ Civil Procedure I only need to include on my disclosure

 

        1) a list of trial witnesses,

        2) a list of other witnesses, and

        3) copies of exhibits and information.  

 

The JDB did state a factual basis for claim. - "defendant entered into Cardmember Agreement, purchased merchandise, defaulted and owe ###.  Plaintiff purchased account and demands payment in full.... etc."

 

I did not answer as to legal theories and, in general, the factual bases of my claims and defenses.  Should I answer that on my disclosure?  

 

Another quick question:  I am going to file my Request for Production of Documents, but can I also file Interrogatories, or is there a reason to wait to do that?  According to AZ law, it indicates discovery can be completed in any order.   

 

 

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Disclosure is used to save parties money and time in discovery issues and to prevent trial by ambush.

 

You must answer all the disclosure questions or you will lose or be compelled to answer by the court.

 

The legal theories and, in general, the factual bases of your claims and defenses;
Response:

 

1.The Plaintiff cannot prove a claim on an account, account stated or otherwise under Arizona rules of civil procedure because the Defendant never received, personally or for the benefit of any other person, any goods, wares or merchandise, personal services, labor, or labor and materials from the Plaintiff or its assignor(s).The account stated doctrine does not suspend the rules of evidence to convert a bare assertion of indebtedness into liability.

 

2.The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.

 

3.Defendant disputes that he entered into a contract with Plaintiff as Plaintiff has failed to produce any contract signed or otherwise.

 

4.The Plaintiff lacks standing to sue the Defendant, since at no time did the Defendant cause any harm to the Plaintiff furthermore persons seeking redress in Arizona courts must first establish standing to sue." Bennett v. Napolitano, 81 P. 3d 311 -Arizona Supreme Court 2003.

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Here is one I found on the other board

 

Your Name & Address

Date

Attorney Name & Address

Re:  Case No. XXXXXXXXXX


DEFENDANTS’ INITIAL DISCLOSURE STATEMENT

Defendant, XXXXXXXXXXX, acting Pro Se, hereby makes the following Initial Disclosure Statement pursuant to Rule 26.1 of the Arizona Rules for Civil Procedure. This Disclosure Statement is based on information currently available and may not represent the entirety of the Defendants’ factual basis or legal defenses relied on during the pendency of this action. Defendants reserve the right to supplement and/or amend this disclosure statement as further investigation and discovery continues. 

I. FACTUAL BASIS OF DEFENSE

The defenses of XXXXXXX asserted in this action are grounded on the following factual basis: Plaintiff in this action has merely made conclusory statements anticipating a default judgment on an alleged debt. Plaintiff has yet to show they are a real party in interest on this claim, and has not filed any papers, documents, or assignment that would provide a factual basis for their claim that they are entitled to relief for an account allegedly due. Plaintiff has not filed or submitted any evidence with this claim that this is in fact the Defendants’ account, and has purposely avoided stating the date the cause of action accrued with the original creditor so as not to alert the Defendants and Court that this is past the Statute of Limitations. THIS COURT HAS NO JURISDICTION, AS DEFENDANTS HAVE ELECTED ARBITRATION.(if you have elected arbitration leave as is if not take this part out)

II. LEGAL THEORIES UPON WHICH DEFENSE IS BASED

The defenses of XXXXXXXX asserted in this action are grounded
on the following legal theories and Arizona statutory requirements:

LACK OF JURISDICTION

III. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY WITNESSES EXPECTED TO BE CALLED BY DEFENDANTS AT TRIAL

1. Custodian of Records (the name of the witness will be sought in Discovery, prior to trial). The Custodian of Records will be questioned as to what personal knowledge they could possibly have of (Creditor’s Name) business and billing practices, and why this testimony should not be considered hearsay.

2. Any and all witnesses revealed to Defendants through Discovery.

3. Any and all witnesses listed or utilized by Plaintiff.

IV. NAMES AND ADDRESSES OF ALL PERSONS BELIEVED TO HAVE KNOWLEDGE OR RELEVANT INFORMATION

1. See III above. Defendants will supplement prior to trial if necessary.

V. NAMES AND ADDRESSES OF ALL PERSONS WHO HAVE GIVEN STATEMENTS  EITHER WRITTEN OR RECORDED, SIGNED OR UNSIGNED AND THE CUSTODIAN OF THE COPIES OF THOSE STATEMENTS

1. The names of these individuals are unknown at this time. Defendants will seek these names through Discovery. Defendants will supplement prior to trial if necessary.

VI. NAMES AND ADDRESSES OF EACH PERSON EXPECTED TO BE CALLED AS AN EXPERT WITNESS AT TRIAL

1. None known at this time. Defendants will supplement prior to trial if necessary.

VII. COMPUTATION OR MEASURE OF DAMAGES

1. Defendants will compute damages according to work missed at hourly wages, travel costs to and from court, time spent responding to Complaint and Discovery requests, office supplies and postage, filing fees for motions, if applicable. FDCPA and FCRA statutory and/or actual damages will be sought later in Federal court, if applicable.


VIII. DESCRIPTION OF EVIDENCE OR RELEVANT DOCUMENTS PLANNED TO BE USED AT TRIAL

1. The Defendants anticipate utilizing the following Exhibits at trial, assuming they are available through Discovery. Defendants will supplement as other Exhibits become available. Defendants’ Exhibits include, but are not limited to the following:

a. Certified billing statements from the original creditor
b. Full chain of assignments of account from original creditor to current owner of account
c. Date of original default on this account
d. Date the account was charged off
e. Any and all correspondence between Plaintiff and Defendant relevant to this action
f. Any and all responses to Uniform and/or Non Uniform Interrogatories of any party and attachments thereto
g. Any and all Exhibits revealed to Defendants through further Discovery
h. Any and all Exhibits listed or utilized by the Plaintiff

As to other documents or categories of documents not being produced herewith, they shall be requested through Discovery. Defendants have no account records in possession.

IX. EXISTING DOCUMENTS RELEVANT TO THIS ACTION

1. None known at this time. Defendants will supplement prior to trial if necessary.

 

 
 
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Here is one I found on the other board

 

Your Name & Address

Date

Attorney Name & Address

Re:  Case No. XXXXXXXXXX

DEFENDANTS’ INITIAL DISCLOSURE STATEMENT

Defendant, XXXXXXXXXXX, acting Pro Se, hereby makes the following Initial Disclosure Statement pursuant to Rule 26.1 of the Arizona Rules for Civil Procedure. This Disclosure Statement is based on information currently available and may not represent the entirety of the Defendants’ factual basis or legal defenses relied on during the pendency of this action. Defendants reserve the right to supplement and/or amend this disclosure statement as further investigation and discovery continues. 

I. FACTUAL BASIS OF DEFENSE

The defenses of XXXXXXX asserted in this action are grounded on the following factual basis: Plaintiff in this action has merely made conclusory statements anticipating a default judgment on an alleged debt. Plaintiff has yet to show they are a real party in interest on this claim, and has not filed any papers, documents, or assignment that would provide a factual basis for their claim that they are entitled to relief for an account allegedly due. Plaintiff has not filed or submitted any evidence with this claim that this is in fact the Defendants’ account, and has purposely avoided stating the date the cause of action accrued with the original creditor so as not to alert the Defendants and Court that this is past the Statute of Limitations. THIS COURT HAS NO JURISDICTION, AS DEFENDANTS HAVE ELECTED ARBITRATION.(if you have elected arbitration leave as is if not take this part out)

II. LEGAL THEORIES UPON WHICH DEFENSE IS BASED

The defenses of XXXXXXXX asserted in this action are grounded

on the following legal theories and Arizona statutory requirements:

LACK OF JURISDICTION

III. NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY WITNESSES EXPECTED TO BE CALLED BY DEFENDANTS AT TRIAL

1. Custodian of Records (the name of the witness will be sought in Discovery, prior to trial). The Custodian of Records will be questioned as to what personal knowledge they could possibly have of (Creditor’s Name) business and billing practices, and why this testimony should not be considered hearsay.

2. Any and all witnesses revealed to Defendants through Discovery.

3. Any and all witnesses listed or utilized by Plaintiff.

IV. NAMES AND ADDRESSES OF ALL PERSONS BELIEVED TO HAVE KNOWLEDGE OR RELEVANT INFORMATION

1. See III above. Defendants will supplement prior to trial if necessary.

V. NAMES AND ADDRESSES OF ALL PERSONS WHO HAVE GIVEN STATEMENTS  EITHER WRITTEN OR RECORDED, SIGNED OR UNSIGNED AND THE CUSTODIAN OF THE COPIES OF THOSE STATEMENTS

1. The names of these individuals are unknown at this time. Defendants will seek these names through Discovery. Defendants will supplement prior to trial if necessary.

VI. NAMES AND ADDRESSES OF EACH PERSON EXPECTED TO BE CALLED AS AN EXPERT WITNESS AT TRIAL

1. None known at this time. Defendants will supplement prior to trial if necessary.

VII. COMPUTATION OR MEASURE OF DAMAGES

1. Defendants will compute damages according to work missed at hourly wages, travel costs to and from court, time spent responding to Complaint and Discovery requests, office supplies and postage, filing fees for motions, if applicable. FDCPA and FCRA statutory and/or actual damages will be sought later in Federal court, if applicable.

VIII. DESCRIPTION OF EVIDENCE OR RELEVANT DOCUMENTS PLANNED TO BE USED AT TRIAL

1. The Defendants anticipate utilizing the following Exhibits at trial, assuming they are available through Discovery. Defendants will supplement as other Exhibits become available. Defendants’ Exhibits include, but are not limited to the following:

a. Certified billing statements from the original creditor

b. Full chain of assignments of account from original creditor to current owner of account

c. Date of original default on this account

d. Date the account was charged off

e. Any and all correspondence between Plaintiff and Defendant relevant to this action

f. Any and all responses to Uniform and/or Non Uniform Interrogatories of any party and attachments thereto

g. Any and all Exhibits revealed to Defendants through further Discovery

h. Any and all Exhibits listed or utilized by the Plaintiff

As to other documents or categories of documents not being produced herewith, they shall be requested through Discovery. Defendants have no account records in possession.

IX. EXISTING DOCUMENTS RELEVANT TO THIS ACTION

1. None known at this time. Defendants will supplement prior to trial if necessary.

 

 
 

 

This is great!  Thank you!

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The following would be the FACTUAL BASIS FOR DEFENSE that I would use.  What would the LEGAL THEORY UPON WHICH DEFENSE IS BASED be based on these four facts?  


 


1.The Plaintiff cannot prove a claim on an account, account stated or otherwise under Arizona rules of civil procedure because the Defendant never received, personally or for the benefit of any other person, any goods, wares or merchandise, personal services, labor, or labor and materials from the Plaintiff or its assignor(s).The account stated doctrine does not suspend the rules of evidence to convert a bare assertion of indebtedness into liability.


 


2.The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.


 


3.Defendant disputes that he entered into a contract with Plaintiff as Plaintiff has failed to produce any contract signed or otherwise.


 


4.The Plaintiff lacks standing to sue the Defendant, since at no time did the Defendant cause any harm to the Plaintiff furthermore persons seeking redress in Arizona courts must first establish standing to sue." Bennett v. Napolitano, 81 P. 3d 311 -Arizona Supreme Court 2003.


 


I don't feel that the following would apply since the JDB provided a Bill of Assignment signed by the OC.  They provided a final billing statement.... Is there a reason to use one over the other?


 


"The defenses of XXXXXXX asserted in this action are grounded on the following factual basis: Plaintiff in this action has merely made conclusory statements anticipating a default judgment on an alleged debt. Plaintiff has yet to show they are a real party in interest on this claim, and has not filed any papers, documents, or assignment that would provide a factual basis for their claim that they are entitled to relief for an account allegedly due. Plaintiff has not filed or submitted any evidence with this claim that this is in fact the Defendants’ account, and has purposely avoided stating the date the cause of action accrued with the original creditor so as not to alert the Defendants and Court that this is past the Statute of Limitations. THIS COURT HAS NO JURISDICTION, AS DEFENDANTS HAVE ELECTED ARBITRATION.(if you have elected arbitration leave as is if not take this part out)


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remove this part

 

 THIS COURT HAS NO JURISDICTION, AS DEFENDANTS HAVE ELECTED ARBITRATION.(if you have elected arbitration leave as is if not take this part out)

 

Don't be shy list as many legal theories that apply to your case.

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