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Could anyone offer feedback on my discovery answers? Please :)

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Interrogatory No. 1:

Identify all persons who participated in the preparation of the answers to these interrogatories.

 

Response to Interrogatory No.1:

Answer: MICKEY MOUSE AND MINNIE MOUSE

 

RFA No. 1:

You are a resident of the county in which this suit was filed.

 

Response to RFA No. 1:

Answer: ADMIT

 

RFA No. 2:

You signed the original application for the Card.

 

Response to RFA No. 2:

Answer: DENY

 

Interrogatory No. 2:

If Defendant does not admit signing the original application for the Card, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 2

Answer: DENY

To the best of the Defendant's memory, and without any proof provided, Defendant does not remember signing an application for the Card.

 

RFA No. 3:

You used the Card to make purchases or obtain extensions of credit in the State in which this suit was filed.

 

Response to RFA No. 3

Answer: DENY

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.  Furthermore, this request should be accessible to the Plaintiff from the Plaintiff’s own files, from documents or information already in Plaintiff’s possession. 

 

Interrogatory No. 3:

If you contend or believe that venue of this action is not proper in the county in which this suit was filed, state the factual basis of any such contention or belief.

 

Response to Interrogatory No. 3:

Answer: OBJECT

Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not this is true.  Calls for guesswork by the Defendant.

 

RFA No. 4:

Defendant applied to Issuer for issuance of the Card.

 

Response to RFA No. 4

Answer: DENY

 

RFA No. 5:

The Card was issued to Defendant.

 

Response to RFA No. 5

Answer: DENY 

 

RFA No. 6:

Defendant received the Card.

 

Response to RFA No. 6

Answer: DENY

 

RFA No. 7

Defendant accepted the Card.

 

Response to RFA No. 7

Answer: DENY

 

Interrogatory No. 4:

If Defendant does not admit to having received the Card, identify all persons whom Defendant believes may have received the Card.

 

Response to Interrogatory No. 4

Answer: OBJECT

Defendant objects to Interrogatory No. 4 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

RFA No. 8:

Defendant signed the back of the Card.

 

Response to RFA No. 8

Answer: DENY

 

RFA No. 9:

Defendant used the card to make purchases.

 

Response to RFA No. 9

Answer: DENY

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.   Furthermore, this request should be accessible to the Plaintiff from the Plaintiff’s own files, from documents or information already in Plaintiff’s possession. 

 

RFA No. 10:

Defendant used the Card to obtain extensions of credit.

 

Response to RFA No. 10:

Answer: DENY

 

 

Interrogatory No. 5:

If Defendant does not admit having used the Card, identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card.

 

Response to Interrogatory No. 5:

Answer: OBJECT

Defendant objects to Interrogatory No. 5 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

RFA No. 11:

Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card.

 

Response to RFA No. 11

Answer: DENY

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.   Furthermore, this request should be accessible to the Plaintiff from the Plaintiff’s own files, from documents or information already in Plaintiff’s possession. 

 

RFA No. 12:

Defendant accepted each such advance on the Account.

 

Response to RFA No. 12

Answer: DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Interrogatory No. 6:

If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that defendant disputes.

 

Response to Interrogatory No. 6:

Answer: DENY

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

RFA No. 13:

Subsequent to activation of the Card, Defendant failed to make timely payments on the Account.

 

Response to RFA No. 13

Answer: DENY

 

Interrogatory No. 7:

If Defendant has refused to admit RFA No. 13, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 7

Answer: DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 14:

Subsequent to activation of the Card, Defendant defaulted under the terms of the Cardmember Agreement between Issuer and Defendant applicable to the Account.

 

Response to RFA No. 14

Answer:  DENY

 

Interrogatory No. 8:

If Defendant has refused to admit RFA No. 14, State the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 8

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

 

RFA No. 15:

By accepting each such advance under the terms of the Cardmember Agreement applicable to the Account and by using the Account, Defendant became bound to the terms of the Agreement and became bound to pay the amounts of such advances, any additional charges provided for in such Agreement including court costs and attorney’s fees.

 

Response to RFA No. 15

Answer:  DENY

 

Interrogatory No. 9:

If Defendant has refused to admit RFA No. 15, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 9

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 16:

Plaintiff is the current owner of Account.

 

Response to RFA No. 16

Answer:  OBJECT

Defendant objects to this request on the grounds that the Defendant has insufficient information to affirm or deny and leaves Plaintiff to provide proof.

 

Interrogatory No. 10:

If Defendant has refused to admit RFA No. 16, state who Defendant believes to be the owner of the Account and the reason for forming such belief.

 

Response to Interrogatory No. 10

Answer:  OBJECT

Defendant objects to this Interrogatory No. 10 on the grounds that the Defendant has insufficient information to affirm or deny and leaves Plaintiff to provide proof.

 

RFA No. 17:

Until at least the charge off date Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account.

 

Response to Interrogatory No. 17

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 18:

Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement.

 

Response to RFA No. 18

Answer:  OBJECT

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

 

RFA No. 19:

Defendant has failed to repay all of the advances made my Issuer on the Account.

 

Response to RFA No. 19

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 20:

The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $__________ as of ___________, 20__.

 

Response to RFA No. 20

Answer:  DENY

 

 

Interrogatory No. 11:

If Defendant has refused to admit RFA No. 20, state the balance that the Defendant believes to have been due on the Account as of February, 2012 and explain how such balance was calculated.

 

Response to Interrogatory No. 11

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Furthermore, Defendant has not seen any authenticated records showing how alleged balance was calculated. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 21:

Defendant, ________________, was married to Defendant, _______________, at the time the charges were made to the Account in question.

 

Response to RFA No. 21

Answer:  DENY

 

Interrogatory No. 12:

If Defendant has refused to admit RFA No. 21, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 12

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

 

RFA No. 22:

At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff’s attorney requesting payment of the Account.

 

Response to RFA No. 22

Answer: DENY

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

 

RFA No. 23:

Defendant, ______________, and Defendant’s ______________, _____________, were both served with Plaintiff’s Summons and Complaint.

 

Response to RFA No. 23

Answer:  ADMIT

 

Interrogatory No. 13:

If Defendant has refused to admit RFA No. 23, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 13

Answer: ADMIT

 

RFA No. 24:

Defendants currently live at ______________________________.

 

Response to RFA No. 24

Answer:  ADMIT

 

RFA No. 25:

Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff’s Original Complaint in this case.

 

Response to RFA No. 25

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Interrogatory No. 14:

What is Defendant’s current address?

 

Response to Interrogatory No. 14

Answer: GAVE ADDRESS

 

Interrogatory No. 15:

Has Defendant lived at different addresses than Defendant’s current address in the past five (5) years and if so, which addresses?

 

Response to Interrogatory No. 15

Answer:  OBJECT

The Defendant objects to Interrogatory No. 15 as it is overly invasive of the Defendant’s privacy rights, and not relevant to this case, and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Interrogatory No. 16:

If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based.

 

Response to Interrogatory No. 16

Answer:  OBJECT

Defendant objects to Interrogatory No. 16 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

Interrogatory No. 17:

Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial.

 

Response to Interrogatory No. 17

Answer:  NONE

 

Interrogatory No. 18:

Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinions of each such person concerning the subject matter of this litigation.

 

Response to Interrogatory No. 18

Answer:  NONE

 

Interrogatory No. 19:

Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial.

 

Response to Interrogatory No. 19

Answer:  NONE

 

 

Interrogatory No. 20:

If you are disputing only a portion of the Account, please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes.

 

Response to Interrogatory No. 20

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

 

Interrogatory No. 21:

Does Defendant have any documents that prove that the account in question has been paid in full?

 

Response to Interrogatory No. 21

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

 

 

Interrogatory No. 22:

Did Defendant receive statements at Defendant’s current and/or past addresses sent from the Issuer?

 

Response to Interrogatory No. 22

Answer:  DENY

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

 

Interrogatory No. 23:

Does the Defendant have any record of sending the Issuer a dispute letter?

 

Response to Interrogatory No. 23

Answer:  DENY

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. 

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Can you confirm that the following......

 

2) Affidavit of Claim and Certificate of Amount Due signed by auditor of the OC.  It was signed a year       after the Bill of Sale and Assignment of Assets document. It includes an account number and balance due.  It attests that the account was sold to CACH.

 

 

........does the information from OC appear on the OC letterhead?  Was 'auditor' an employee of OC at the time of BOS and assignment of docs?

 

I would attack this affidavit from 'auditor' because OC normally 'sell' accounts to JDB without warranty, or any kind of method that would involve OC after a sale.  Separate out ANYTHING that does not have OC logo and treat it as 'questionable,' to say the least.

 

IF and that's a BIG IF, the JDB has a legitimate assignment AND an OC person claims to have personal knowledge about your account, the matter is above my knowledge of Ariz Rules of Civil Procedure to comment on.

 

However, the JDB MUST prove you owe THEM, the JDB, the alleged money and NOT the OC.  I'm sure I'm reminding you of what you already know, but their case falls flat and cannot be proven if they have no legitimate and COMPLETE 'chain of custody' of this account.

 

Beyond that, I just know that regardless of the real situation, a judge can oftentimes see repetitive answers as an "amnesia defense."  I don't mean this as a criticism of your answers -- but I would try to separate the JDB and OC as much as possible in responses.  In other words, don't let the JDB get away with admission requests that mention the OC until the JDB has PROVEN they actually OWN your alleged debt.  In this circumstance, your responses may be spot on.

 

Brighter minds on the forum FROM Arizona can, and hopefully WILL comment further.

 

Good luck!

 

-J

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Can you confirm that the following......

 

2) Affidavit of Claim and Certificate of Amount Due signed by auditor of the OC.  It was signed a year       after the Bill of Sale and Assignment of Assets document. It includes an account number and balance due.  It attests that the account was sold to CACH.

 

 

........does the information from OC appear on the OC letterhead?  Was 'auditor' an employee of OC at the time of BOS and assignment of docs?

 

I would attack this affidavit from 'auditor' because OC normally 'sell' accounts to JDB without warranty, or any kind of method that would involve OC after a sale.  Separate out ANYTHING that does not have OC logo and treat it as 'questionable,' to say the least.

 

IF and that's a BIG IF, the JDB has a legitimate assignment AND an OC person claims to have personal knowledge about your account, the matter is above my knowledge of Ariz Rules of Civil Procedure to comment on.

 

However, the JDB MUST prove you owe THEM, the JDB, the alleged money and NOT the OC.  I'm sure I'm reminding you of what you already know, but their case falls flat and cannot be proven if they have no legitimate and COMPLETE 'chain of custody' of this account.

 

Beyond that, I just know that regardless of the real situation, a judge can oftentimes see repetitive answers as an "amnesia defense."  I don't mean this as a criticism of your answers -- but I would try to separate the JDB and OC as much as possible in responses.  In other words, don't let the JDB get away with admission requests that mention the OC until the JDB has PROVEN they actually OWN your alleged debt.  In this circumstance, your responses may be spot on.

 

Brighter minds on the forum FROM Arizona can, and hopefully WILL comment further.

 

Good luck!

 

-J

 I plan to attack the affidavit in my discovery to the Plaintiff.  The affidavit is not on letterhead, and I do not know why the OC would even bother having their auditor sign affidavits a year after the debt has been sold.  I do, however, need to understand Arizona laws about rules of evidence and heresay, etc.  

 

In regard to a clear "chain of custody", I believe that according to the dates given for the charge-off for the alleged debt, it looks like CACH is the only purchaser of the debt.  

 

I was hoping not to be repetitive in my answers to RFA's and ROG's, and I did vary my response when the question of the cardmember agreement came up.  However, they asked the same questions in several different ways, and I was unsure at that point how to answer.  I read through so many answers on the forum to Plaintiff's discovery, and I think I just need to step away from the whole thing for a few days until my brain is clear again. :)  I am feeling more than overwhelmed at this point, and rather discouraged.

 

Thanks for your assistance - it's appreciated~

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Don't get discouraged!  They've sent you a load of admissions and interrogs, and you do the SAME thing.  They want to wear you down so you give up.  I know you won't let that happen.

 

Perhaps the summer weekend has proven a big draw away from the forum -- but I KNOW there are competent forum members who know Ariz. rules and will offer opinions of the matter.

 

Bottom line is if there is no OC letterhead, then ANYONE could type out whatever they want -- and that's NOT proof!  I see at least two great things going for you -- this LONG lapse of time between this alleged BOS and an alleged OC auditor swearing the sale happened.  Secondly, by their own admission of having computer and tape # 'whatever,' means your alleged account was one of hundreds or even thousands purchased in a bulk sale.  How can an affiant swear to have personal knowledge of your alleged account (other than alleged acct # and your name)?  They can't.

 

Further, they must show in detail how they arrived at the alleged amount you owe -- and that's IF they can prove ownership in the first place!

 

Just hang in there.  Help from ARIZONA will be along shortly to assess the situation.

 

-J

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Don't get discouraged!  They've sent you a load of admissions and interrogs, and you do the SAME thing.  They want to wear you down so you give up.  I know you won't let that happen.

 

Perhaps the summer weekend has proven a big draw away from the forum -- but I KNOW there are competent forum members who know Ariz. rules and will offer opinions of the matter.

 

Bottom line is if there is no OC letterhead, then ANYONE could type out whatever they want -- and that's NOT proof!  I see at least two great things going for you -- this LONG lapse of time between this alleged BOS and an alleged OC auditor swearing the sale happened.  Secondly, by their own admission of having computer and tape # 'whatever,' means your alleged account was one of hundreds or even thousands purchased in a bulk sale.  How can an affiant swear to have personal knowledge of your alleged account (other than alleged acct # and your name)?  They can't.

 

Further, they must show in detail how they arrived at the alleged amount you owe -- and that's IF they can prove ownership in the first place!

 

Just hang in there.  Help from ARIZONA will be along shortly to assess the situation.

 

-J

I feel a bit better after reading this.  I've come to the same conclusion over and over, and then the doubt creeps back in.  I did find some better answers for the RFA and ROGs, but I think I'll wait a little longer to see if anyone else has input.  I have until the end of August to respond.  (Thanks)

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Hi,  In response to 17, 18, 19 you should have already listed any witnesses you were going to call on your Disclosure form. So if you listed anyone from the affadavits put them if not say Answered.  Also you will attack their evidence when you get this done and start working on you MIL to have their  so-called evidence stricken.

 

Remember discovery is between the parties and not the court. Just don't give them any ammo. As to those last questions not sure. My atty and I never exchanged any discovery.  Just disclosure statement . And they sent me everything they had. And I sent my disclosure form saying I had nothing and calling their Midland witness who of course wasn't there

 

What I learned from my process is when the judge lets you strike all their evidence it will be a win for you. So get this done and sent and we will move on to strike all their evidence. Don't worry

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Hi,  In response to 17, 18, 19 you should have already listed any witnesses you were going to call on your Disclosure form. So if you listed anyone from the affadavits put them if not say Answered.  Also you will attack their evidence when you get this done and start working on you MIL to have their  so-called evidence stricken.

 

Remember discovery is between the parties and not the court. Just don't give them any ammo. As to those last questions not sure. My atty and I never exchanged any discovery.  Just disclosure statement . And they sent me everything they had. And I sent my disclosure form saying I had nothing and calling their Midland witness who of course wasn't there

 

What I learned from my process is when the judge lets you strike all their evidence it will be a win for you. So get this done and sent and we will move on to strike all their evidence. Don't worry

Yes, with the helpful guidance of others, I did list their witnesses - although I left off the affiant (whose name I do have).  I will address the affidavit in my discovery to them.

 

Did you use the MIL in your case?  I did ask Seadgragon when I would file that motion - he sent me some great info.  If the judge allows all of their evidence to be stricken, is that it?  I'm done?  :) 

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Been following your post here, trying to get some information for myself :) So, as far as disclosure statements, did either of you list "their" witnesses (everyone on affidavits, bills of sale, etc.). What did you put for their "expected testimony"? I thought that if they were my witnesses, I would have to make sure they are there. And I wouldn't want to lose, since obviously they won't come. Any thoughts on this? Thanks!

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QUESTIONS THAT I HAVE:

 

1) Do I still need to answer "Admit" or "Deny" on questions in which I object?     YES

 

2) Considering that an actual statement on the alleged account was attached from the OC, are my answers appropriate? I don't wish to create obstacles for myself in my future answers.    The Document they sent you , was it Authenticated by its Maker or Originator. Maybe they found that Statement in a Dumpster... Deny everything but your Name & Address.

 

I am confused about the section below. Do I answer these separately, or were my answers included to the questions above?

 

1. If you responded to any of the foregoing Requests for Admission with anything other than an unqualified admission, for each such response:

(a) State the basis for such denial or qualification.

 

( B) State all facts that support your denial or qualified admission; and

 

(i.) Identify each person having knowledge of each such fact; and

(ii.) Identify every document which refers to, relates to, or evidences such fact.

 

INTERROGATORY NO.       OBJECTION/DENY

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 of the Defendant

 

INTERROGATORY NO.       OBJECTION/DENY

Defendant Objects as the Plaintiff’s request for Documents (A thru E) as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, control, custody, or possession of the Defendant. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

INTERROGATORY NO.        OBJECTION/DENY

Is Objected by the Defendant on the Grounds that it overly broad, and burdensome, cumulative and/or duplicate to the extent that it seeks documents or records that are not within the knowledge, possession, custody or control of the Defendant. Plaintiffs request should be accessible through Plaintiff’s own files,

 

 

 

These are just a few of the Answers I used when replying to Interogatories...

Hope they Help you...

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Been following your post here, trying to get some information for myself :-) So, as far as disclosure statements, did either of you list "their" witnesses (everyone on affidavits, bills of sale, etc.). What did you put for their "expected testimony"? I thought that if they were my witnesses, I would have to make sure they are there. And I wouldn't want to lose, since obviously they won't come. Any thoughts on this? Thanks!

 

I pasted below the overall content of my disclosure statement.  I did not list specific names for witnesses that were given to me by them through their disclosure.  They only listed employees of the JDB and maybe of the law firm.  The affiant was not listed as a witness.

 

I.          FACTUAL BASIS OF DEFENSE:

 

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. Defendants dispute that they 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 Defendants, since at no time did the Defendants 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.

 

 

 

II.        LEGAL THEORIES UPON WHICH DEFENSE IS BASED

 

 

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

 

 

 

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 _____________________(bank’s name here) business and billing practices, and why this testimony should not be considered heresay.

 

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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QUESTIONS THAT I HAVE:

 

1) Do I still need to answer "Admit" or "Deny" on questions in which I object?     YES

 

2) Considering that an actual statement on the alleged account was attached from the OC, are my answers appropriate? I don't wish to create obstacles for myself in my future answers.    The Document they sent you , was it Authenticated by its Maker or Originator. Maybe they found that Statement in a Dumpster... Deny everything but your Name & Address.

 

I am confused about the section below. Do I answer these separately, or were my answers included to the questions above?

 

1. If you responded to any of the foregoing Requests for Admission with anything other than an unqualified admission, for each such response:

(a) State the basis for such denial or qualification.

 

( B) State all facts that support your denial or qualified admission; and

 

(i.) Identify each person having knowledge of each such fact; and

(ii.) Identify every document which refers to, relates to, or evidences such fact.

 

INTERROGATORY NO.       OBJECTION/DENY

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 of the Defendant

 

INTERROGATORY NO.       OBJECTION/DENY

Defendant Objects as the Plaintiff’s request for Documents (A thru E) as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. It is burdensome to the extent it seeks documents or records that are not within the current knowledge, control, custody, or possession of the Defendant. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

INTERROGATORY NO.        OBJECTION/DENY

Is Objected by the Defendant on the Grounds that it overly broad, and burdensome, cumulative and/or duplicate to the extent that it seeks documents or records that are not within the knowledge, possession, custody or control of the Defendant. Plaintiffs request should be accessible through Plaintiff’s own files,

 

 

 

These are just a few of the Answers I used when replying to Interogatories...

Hope they Help you...

Thank you!

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Regarding the above post- so you do have to admit/deny and then state the objection? I thought you could just state the objection without denying it?

If they attached 5 years of statements in their disclosure, sent to your address, how can you argue this?

I can just imagine them asking- "And your name is-------? And you lived at -------------- during ------ time?"

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Regarding the above post- so you do have to admit/deny and then state the objection? I thought you could just state the objection without denying it?

If they attached 5 years of statements in their disclosure, sent to your address, how can you argue this?

I can just imagine them asking- "And your name is-------? And you lived at -------------- during ------ time?"

My AZ rules state:

 

"You must admit or deny each of these requests, unless you object to a request, in which case you must state a reason for your objection.  You may not object on the basis that you do not have knowledge or information concerning the request unless you have first made a reasonable inquiry to obtain knowledge or information."

 

However, other threads on the forums which reference answers to rog's indicate that you have to deny if you are objecting.  Some of my answers (which will be revised) claim insufficient information - so obviously I'm not admitting or denying if I have no information to base my answer.  I guess I would be safer to deny and give reason?

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My AZ rules state:

 

"You must admit or deny each of these requests, unless you object to a request, in which case you must state a reason for your objection.  You may not object on the basis that you do not have knowledge or information concerning the request unless you have first made a reasonable inquiry to obtain knowledge or information."

 

However, other threads on the forums which reference answers to rog's indicate that you have to deny if you are objecting.  Some of my answers (which will be revised) claim insufficient information - so obviously I'm not admitting or denying if I have no information to base my answer.  I guess I would be safer to deny and give reason?

I don't know what county you are in, because your disclosure and some of your stuff is different than mine (I'm in Maricopa).

 

My paperwork says "If objection is made, the reasons therefore shall be stated. The answer shall specifically deny the matter OR set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter." So I guess, you are right. I will re-type it, put deny and then object underneath.

 

What are your thoughts on JDB attaching all of your statements? I saw a post above about them not being authenticated, but if they have your address on them....? I am wondering where that falls in all of this!

 

It looks like you are starting to get a good handle on this!

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"If they attached 5 years of statements in their disclosure, sent to your address, how can you argue this?

I can just imagine them asking- "And your name is-------? And you lived at -------------- during ------ time?"

 

Credit card statements are just credit card statements until someone from the original creditor comes to court to authenticate the credit card statements as being sent or issued by them.

How is the junkdebtbuyer going to authenticate the credit card statements issued by another entity.

Hey judge take my word for it those babies are the real thing.

5 years of statements does not mean you owe any money what if a payment was not credited to your account or unauthorized use or your mail went to another house with those stupid credit card checks they send and someone uses one or two of them you would not owe for that.

 

http://www.arizonacrimelaws.com/evid_index.htm Arizona Rules of Evidence study this

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Okay I just read your disclosure and  am wondering if you acually have the form??/ I am also in Maricopa county and my disclosure had 5 simple questions. Which I answered simply . Defendant's have no documents in their possesion  So do you have the form??/ Or what are basing this stuff on? The simpler you keep things the better it is

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Okay I just read your disclosure and  am wondering if you acually have the form??/ I am also in Maricopa county and my disclosure had 5 simple questions. Which I answered simply . Defendant's have no documents in their possesion  So do you have the form??/ Or what are basing this stuff on? The simpler you keep things the better it is

I am in Maricopa as well.  I did not use the form provided from the court.  I drafted my own (with assistance from this forum), made it look exactly like the disclosure I received from the Plaintiff, and made sure to follow the Justice Court Rules of Civil Procedure.  I received the form from the court in the mail a week after I filed my disclosure statement. You don't have to use their form. I think maybe the courts provide the form for defendants to help them?  I don't know - I've never dealt with lawsuits and court, and it's all completely new to me. 

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Sorry tried to edit previous wouldnt let me so here i am again. Also you do not ask for costs in your disclosure at all. Please post you form if you have it and if you dont I'll post mine and what you should do.

I already filed my disclosure statement.  It's done.  I got help from members of the forum.  

 

I'm working on answering discovery now.

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Okay I just read your disclosure and  am wondering if you acually have the form??/ I am also in Maricopa county and my disclosure had 5 simple questions. Which I answered simply . Defendant's have no documents in their possesion  So do you have the form??/ Or what are basing this stuff on? The simpler you keep things the better it is

I believe they are going off of what Plaintiff sent them. The one from the court is 4 short questions, but if you type it up in their format it's much more detailed (I noticed my JDB disclosure was very lengthy as well).

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Yes that is because they have to disclose all they have and we have NOTHING to disclose so it is very simple . Also the Rogs and RFA they send are between the parties. If they had sent one to me I deny all . I have nothing I know nothing I deny everything. Send them RFA Tell me what you have. Tell me what you know. It's like tennis. Back and forth . Your love 15 is when you file asap your Motions in limine asking the judge to strike all their bogus evidence. Do it right away . He rules the process moves on and if all their so-called evidence is gone what will happen if you even have to go to trial.??

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When an objection is made to admissions or interrogs, there has to be a reason -- generally predicated in law.  In my JDB case, they wanted admissions of my not 'disputing account in writing,' and admit that I "owe x dollars," among others.  My answer was:

 

ADMITTED in part, to the extent that Defendant does not have any documents in his possession that would serve to establish the accuracy of any alleged balance the Plaintiff seeks, one way or the other.  Such documentation will be requested in discovery.  Therefore, Defendant denies any implied admission that the alleged balance is accurate or owed.

 

If Arizona rules allow an admission in "part," along with an overall denied "implied admission," that will prevent a judge from having to rule on an objection.  I don't know if this will help in your case one way or the other, but thought I'd throw it out there as a legitimate answer to an admission request (Arkansas Rules of Civil Procedure) though.

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When an objection is made to admissions or interrogs, there has to be a reason -- generally predicated in law.  In my JDB case, they wanted admissions of my not 'disputing account in writing,' and admit that I "owe x dollars," among others.  My answer was:

 

ADMITTED in part, to the extent that Defendant does not have any documents in his possession that would serve to establish the accuracy of any alleged balance the Plaintiff seeks, one way or the other.  Such documentation will be requested in discovry.  Therefore, Defendant denies any implied admission that the alleged balance is accurate or owed.

 

If Arizona rules allow an admission in "part," along with an overall denied "implied admission," that will prevent a judge from having to rule on an objection.  I don't know if this will help in your case one way or the other, but thought I'd throw it out there as a legitimate answer to an admission request (Arkansas Rules of Civil Procedure) though.

I have read nothing that allows for a partial admission.   I am revising my answers, and trying to use less objections and more denials with reason, but adding in "Defendant reserves the right to amend admissions if proof is submitted by Plaintiff that conclusively proves otherwise," where it's applicable.  I have zero documentation, and they have essentially given me nothing.  I'm going to edit what I've done so far, and I'm hoping others can just point out responses that are not ok, and tell me why.  

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As far as the MIL's . Get them prepared to strike their so-called evidence but wait until 11 days before trial to file them . You have to file any motions 10 days before trial in Az except if you are filing a MSJ That has to be file 90 days before trial.

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