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Please help with questions sent by Plaintiff to me


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Hello all,

I've tried answering all these questions that the Plaintiff sent to me in the form of Admissions, Production of Documents, and Interrogatories.  I would greatly appreciate if you all would review my answers and provide any feedback to me to make the answers any better and stronger.  Thank you all in advance!!

 

Also, do I need to restate the Plaintiff's questions in my Answers (like I have listed below), or can I just state my Answers with the appropriate numbers?

 

Here they are:

 

 

REQUEST FOR ADMISSION OF FACTS

 

  1. You applied for, and received, a credit card account No. XXXXXXXX from the Plaintiff.

 

DENIED Plaintiff has not produced any such application for review.  Defendant avers that without any such application, the subject credit card was issued unsolicited in violation of federal law, Regulation Z 226.12.

 

  1. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $XXXX.

 

DENIED Pending Discovery proceedings, which will determine what charges Plaintiff refers to and by whom they were made.  Furthermore, Defendant has not seen any authenticated records showing how alleged balance was calculated.  This request was also stated in number 3 of Defendant’s Answer to Plaintiff’s Complaint. 

 

  1. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card.

 

OBJECTION Assumes facts not in evidence, specifically that any such application was made.  Furthermore, Plaintiff has not submitted any proof of contract or agreement.

 

  1. You received the credit card agreement attached to Plaintiff’s Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby.

 

DENIED No such agreement was received or agreed to by Defendant.  Generic credit card agreements are generally available online and prove nothing.  Furthermore, there was no “credit card agreement” attached to Plaintiff’s Complaint, therefore, Defendant never received said credit card agreement.

 

  1. You made at least the minimum monthly payments owing on the credit card account for a period of time.

 

DENIED Pending Discovery which will detail exactly what payments Plaintiff refers to and by whom they were made.

 

  1. You ceased making the minimum monthly payments on the credit card.

 

OBJECTION Argumentative and lacking in foundation.  Plaintiff has not established Defendant made any payments, therefore, cessation of same is moot.

 

  1. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement.

 

OBJECTION Calls for legal conclusion connected to “breach” and “default”.  Such conclusions are best left to the Trier of Fact.  Furthermore, no “credit card agreement” was appended to the Plaintiff’s Complaint. 

 

  1. You have refused to pay the principal balance due Plaintiff on the credit card.

 

OBJECTION No such principal balance has yet to be established as owing, therefore, no obligation to pay can be assumed. 

 

  1. You owe to Plaintiff the current past due principal balance of $1,692.46.

 

DENIED Defendant has not seen any authenticated records showing how alleged balance was calculated. 

 

  1. You owe to Plaintiff interest on the past due balance of $.00.

 

DENIED.

 

  1. You owe to Plaintiff contractual attorney’s fees on the unpaid principal balance in the amount of $.00.

 

DENIED.

 

  1. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card.

 

DENIED

 

  1. You have benefitted, either directly or indirectly, from the use of the credit card.

 

DENIED

 

  1. You have not been released from the liability by the Plaintiff for this debt.

 

OBJECTION The information sought is certainly already known to the Plaintiff.

 

  1. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement.

 

OBJECTION Assumes any such cardholder agreement was received or agreed to.

 

  1. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer.

 

DENIED.

 

  1. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.

 

OBJECTION Argumentative.  No such contention has been documented by the Plaintiff.  Additionally, this would be more proper as a Request for Documents.

 

  1. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.

 

OBJECTION Argumentative.  No such contention has been documented by the Plaintiff.

 

  1. You have no defense to this lawsuit.

 

DENIED.

 

 

 

REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE TO DEFENDANT

 

  1. Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

  1. Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

  1. Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

  1. Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

  1. Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure. 

 

  1. Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

  1. Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

  1. Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect.

 

Defendant states that he has none of the documents requested.  Defendant reserves the right to amend his answers per the rules of civil procedure.

 

 

 

PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT

 

  1. State with factual particularity the basis for your denial of each allegation in the Complaint that you deny.

 

Defendant denies based upon the fact that Plaintiff has yet to provide any admissible evidence which would allow Defendant to formulate any other reasonable response.

 

  1. Identify all documents that you assert constitute the contractual agreement(s) between the parties.

 

OBJECTION This is a Request for Documents, not an interrogatory, and is, therefore, improper.  “Identify” is substantially the same as “Produce”.

 

  1. Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf.

 

OBJECTION Lacks foundation and assumes facts not in evidence, specifically that Defendant or other parties made payments.

 

  1. Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter.

 

OBJECTION This is repetitive of a previous Request for Documents, not an interrogatory, and is, therefore, improper.

 

  1. Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

 

Defendant has no such list, but reserves the right to amend.

 

  1. Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document.

 

OBJECTION This is repetitive of a previous Request for Documents, not an interrogatory, and is, therefore, improper.

 

  1. State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

 

OBJECTION Repetitive of request number 1, to the extent that the admissions do not differ from the allegations in the Complaint.  Defendant has made a general denial.

 

  1. State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute.

 

OBJECTION Lacks foundation and assumes facts not in evidence, specifically that Defendant made any such disputes.  Certainly, this information would be in the possession of the Plaintiff, if it existed.

 

  1. State the amount you contend you owe Plaintiff and describe how you calculated that amount.

 

Not one dime; used a calculator.

 

  1. Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant’s answer.

 

OBJECTION Overly broad and vague.  The blanket nature of the request makes it impossible to respond to.  Additionally, repetitive of the Request of Documents.

 

  1. State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff.

 

OBJECTION Repetitive of previous requests.  Asked and answered.

 

 

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