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Being Sued by GE Capital owe Less than $1000


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I am being sued by an attorney in Raleigh for less than a $1000.  I have tried unsuccessfully to try to settle this since last September.  I have read through everyone's comments and post and have answered the orgiinal complaint and even offered to settle in that to no avail.  Now I have been hit with a set of interrogatories, request for production as well as request for admisission.  I am posting my questions and response below.  Can anyone please provide me with feedback.  I contend that I only owe about $375 dollars but they haven't produced any documents.  Thanks in advance for any and all help/advice!!!! 

 

COMES NOW the Defendant XXXXX, pursuant to Rule 26 of the Rules of Civil Procedure, respond to the Plaintiffs’ First Set of Interrogatories and Request for Production of Documents: 

 

Interrogatory No. 1

State your full, correct name and any other names or nicknames by which you have ever been know. 

Answer No. 1

I stated both married and maiden names.  

 

Interrogatory No. 2

State your present, complete residential address and business address.

Answer No. 2

I stated my address

 

Interrogatory No. 3

State the name, nature, duration and place of each employment or occupation which you have had during the five years prior to this date.

Answer No. 3

Objection, irrelevant at this time in the case, the defendant is under no obligation to provide this type of information to the Plaintiff post judgment.   If a judgment is rendered against the defendant then at that time, when the defendant is called to answer as to employment, the defendant will give that information to the plaintiff.

 

Interrogatory No. 4

State each trade name or assume name under which you have done business within the past five years and the complete address of each place where business was conducted.

Answer No. 4

The Defendant objects on the ground that it seeks information that is not relevant to any issue in this action.

 

Interrogatory No. 5

State the full name and present address of each person with whom you have engaged in any partnership or business venture in the past five years.

Answer No. 5

The Defendant objects on the ground that it seeks information that is not relevant to any issue in this action.

 

Interrogatory No. 6

If you assert that the claim herein sued upon is the obligation of anyone other than yourself, then state the name and present address of such other person or entity, along with all of the facts upon which you rely in support of such position, including your relationship to such other person or entity.

Answer No. 6

Defendant has no other person with any knowledge of the alleged debt.  Defendant reserves the right to supplement her answer to this demand in the event such information is provided.

 

Request for Production of Documents No. 7

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory. 

Answer No. 7

Defendant has no documents to produce at this time but reserves the right to supplement her answer to this demand in the event such information is provided.  

 

Interrogatory No. 8

State fully, completely, and at length the factual basis of each and every defense which you now assert or will assert in this action. 

Answer No. 8

The Plaintiff has not provided documentation that this debt is owed and is true and accurate.

The Plaintiff has not provided documentation that they are the legal owners of this debt and that this debt has not been sold or transferred to a different debt collector.

The Plaintiff has not provided documentation of a full account reconciliation of all charges, bank fees, interest, offsets, credits or payments made on this account to determine the correct balance, if any is owed.

 

Request for Production of Documents No. 9

Produce any and all documents which you contend relate to and/or support the answer given to the immediately preceding interrogatory.

Answer No. 9

defendant retains the right to amend these defenses as evidence becomes available

 

Interrogatory No. 10

State the name, occupation, business address and telephone number of each person who has reliable information relevant to support the contentions you make in your defense in this matter, together with a summary of the information that person has knowledge of.

Answer No. 10

I am not sure how to answer this one

 

Request for Production of Documents No. 11

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory.

Answer No. 11

I am not sure how to answer this one

 

Interrogatory No. 12

State at length and verbatim the contents of each and every document, writing, paper or letter which you intend to utilize as basis or ground for any defense in this action or which you intend to offer into evidence upon the trial of this action.  In addition, state the date and circumstances of preparation or receipt of such item.

Answer No. 12

Defendant objects to this interrogatory as being overly burdensome. Any communications regarding this account are in the possession of the Plaintiff.

 

Request for Production of Documents No. 13

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory.

Answer No. 13

Defendant objects to this interrogatory as being overly burdensome. Any communications regarding this account are in the possession of the Plaintiff.

 

Interrogatory No. 14

If you have not admitted any one or more of Plaintiff’s Request for Admissions served upon you of this date herewith, then with respect to each such request not fully admitted, state all facts known to you directly or indirectly, which you contend to be a basis for denial or refusal to admit each such request. 

Answer No. 14

The Defendant objects.  The burden of proof rests with the plaintiff. The plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.

 

 

Request for Production of Documents No. 15

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory.

Answer No. 15

I am not sure how to answer this one

 

Interrogatory No. 16

State verbatim any communication or admission by the Plaintiff that you contend supports your defense in this action.

Answer No. 16

Plaintiff has not provided any documentation as to the validity  of this debt.

 

Request for Production of Documents No. 17

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory.

Answer No. 17

No documents to produce as the validity of this has not been established.  Defendant reserves the right to

 

 

Interrogatory No. 18

As to each of the Plaintiff’s Requests for Admissions that you have denied based upon a lack of insufficiency of knowledge, provide a complete description of any and all actions you have taken and/or inquiries that you have made to provide the answer to such Request for Admission. 

 

Answer No. 18

 

The Defendant objects.  The burden of proof rests with the plaintiff. The plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.

 

Request for Production of Documents No. 19

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory.

Answer No. 19

I am not sure how to answer this one

 

Interrogatory No. 20

Please state with particularity each and every payment made by you or on your behalf to the Plaintiff along with the date of the payment, the specific bill, account or invoice such payment was to apply, the balance you allege was owing at the time of said payment, to whom the payment was made, the purpose of the payment and any indication that the payment was received by Plaintiff. 

Answer No. 20

The Defendant objects.  The burden of proof rests with the plaintiff. The plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.

 

Request for Production of Documents No. 21

Produce any and all document which you contend relate to and/or support the answer giving to the immediately preceding interrogatory.

Answer No. 21

I am not sure how to answer this one

 

 

Now for the Plaintiff's Admissions .....

 

 

COMES NOW the Defendant XXXXX, pursuant to Rule 36 of the Rules of Civil Procedure, respond to the Plaintiffs’ Request for Admissions and in so doing state as follows:

Request No. 1

You have heretofore received originals or copies of the document(s) attached to the Plaintiff’s complaint.

Response No. 1

Denied.  Calls for speculation on the part of the defendant. 

 

Request No. 2

Each document attached to Plaintiff’s complaint is genuine original document or a true copy thereof. 

Response No. 2

OBJECTION: The Defendant has no way to verify the records of the Plaintiff, nor any way to determine the truthfulness or veracity of any alleged "copies" of those records. Calls for speculation on the part of the defendant, Therefore, the request is improper as it exceeds the boundaries of permissible discovery. Without waving forgoing objection, admission is Denied.

 

Request No. 3

Plaintiff extended credit to Defendant as described in Plaintiff’s complaint. 

Response No. 3

DENIED to the extent that the "agreement" referenced has not been provided for examination. 

 

Request No. 4

Defendant accepted and/or used credit referenced in Plaintiff’s complaint.

Response No. 4

OBJECTION. Lacks foundation and is presumptive, as it incorrectly assumes facts not in evidence, specifically that defendant ever “requested”, “received” and “used” a credit card “provided” by stated creditor.

 

Request No. 5

The principal balance is accurate.

Response No. 5

DENIED to the extent that the existence of the credit card referenced (and the referenced account connected thereto) has not been established as fact. Therefore, no such obligation on the part of the defendant exists.


OBJECTION. The information sought is assumedly already known to the plaintiff through its business records. Additionally, the request is nonsensical and self-explanatory. Certainly plaintiff would not have brought suit against a defendant they thought defendant had paid the outstanding balance due. The burden of proof thereof resides with plaintiff, not defendant.

 

Request No. 6

The balance sued for in this action is due and owing by Defendant to the Plaintiff.

Response No. 6

OBJECTION. Defendant does not have access to plaintiff's "business records" and has no idea what they contain. Therefore, any such validation by defendant is impossible and improper. Furthermore, Plaintiff has not provided any evidence as to the indebtedness of the defendant.

 

Request No. 7

Written demand has been made by Plaintiff upon Defendant for payment of claim that is the subject of this action more than thirty days prior to the date hereof. 

Response No. 7

DENIED to the extent that the "written demand" referenced has not been provided for examination. 

OBJECTION. No admissible evidence has been provided which links defendant to the credit card balance referenced. Additionally vague, as the request does not specify to whom any such notification may or should have been made or when they were made.

 

Request No. 8

Defendant is not entitled to any credits, offsets, or deductions except as have previously been deducted. 

Response No. 8

OBJECTION. Defendant does not have access to plaintiff's "business records" and has no idea what they contain. Therefore, any such validation by defendant is impossible and improper. Furthermore, Plaintiff has not provided any evidence as to any credits, offsets, or deductions there were supposedly made to the defendant.  Without waving forgoing objection, admission is Denied as this calls for speculation on the part of the defendant. 

 

Request No. 9

There are no facts upon which Defendant relies as a basis for any defense in this action. 

Response No. 9

Denied.

 

Request No. 10

There are no documents, writings, letters, records, or papers of any sort which Defendants intends to utilize as evidence of or as a basis for any defense in this action. 

Response No. 10

DENIED.  Parties are still in the midst of discovery.

 

Request No. 11

Defendant agreed to pay interest on the outstanding credit balance.

Response No. 11

OBJECTION. Plaintiff has not produced any Agreement sufficiently identified as being associated in any manner with the defendant, such as the defendant’s signature or identifying information, therefore defendant cannot reasonably formulate a response. Based upon the foregoing, defendant responds as follows: DENIED.

 

Request No. 12

Interest on the claim asserted herein by Plaintiff is due in the amounts established by applicable law and by the charges show in the attachments to the Plaintiff’s complaint. 

Response No. 12

DENIED. Calls for speculation on the part of the defendant. No credit card agreement was submitted with plaintiff’s complaint.

 

Request No. 13

Every statement or allegation contained in Plaintiff’s complaint is true and correct.

Response No. 13

DENIED

 

 

I have also typed up request for interrogatories and defendant's admission that I will post shortly for assistance with.   Again, thanks in advance for your help or assistance! 

 

 

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