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Need help with RFA, RFD, Special Interrogatories


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Need some help answering these requests: here is what I have so far.

 

$30K in credit line debt from Wells Fargo in the state of CA. Law suit filed by CACH LLC.  Already responded with general denial to answer.  This is what they sent next. 

 

I looked around this forum on how to answer these questions but I am still unclear on how to answer most of these questions.

 

Any help would be much appreciated.  Thanks!!   

 

REQUEST FOR ADMISSIONS - 

 

NUMBER 1.

Please admit original creditor issued to you the credit account (for purposes of these requests for admissions, “original creditor” means Wells Fargo Bank, YOU, and YOUR mean to XXXXXXXX, your agents attorneys, representatives or anyone acting on your behalf, and the “credit account” means Wells Fargo Bank account number XXXXXXXXXXX which is the subject of this lawsuit.

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 2.

Please admit YOU and Wells Fargo Bank, entered into an agreement regarding the CREDIT ACCOUNT.

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 3.

           Please admit YOU submitted an application to WELLS FARGO BANK for an extension of credit from Wells Fargo Bank.

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 4.

Please admit the document attached hereto as Attachment “A” is true and accurate copy of the application YOU submitted to Wells Fargo Bank, when applying for an extension of credit.   

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief. Attachment “A” is NOT true and/or NOT an accurate copy.  DEFENDANT does NOT admit and denies on information and belief HE ever submitted application. ( attachment A was a copy of the credit application with out any signature. The also attached a copy of the personal guarantee in Attached "A" which is signed, but is a completely separate document from the application. It was for a business line of credit, and claiming that is was never submitted and or authorized as my banker filled it out for me. I never signed  the application.)

 

NUMBER 5.

Please admit you signed the application submitted to Well Fargo Bank, and attached in Attachment “A”

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 6.

           Please admit YOU used the CREDIT ACCOUNT.

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 7.

           Please admit YOU agreed to pay Wells Fargo bank and its successors and assigns all outstanding balances owed on the credit account.

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 8.

Please admit YOU never disputed, with any person or entity including Wells Fargo Bank the outstanding balance of $30,000.00

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 9.

 

 

Please admit YOU have not paid the outstanding balance on the said CREDIT ACCOUNT in the sum of not less than $30,000.00

 

ANSWER:  DEFENDANT does NOT admit and denies on information and belief.

 

NUMBER 10.

 

 

Please admit YOU owe the Plaintiff the amounts prayed for in the Complaint. HELP

 

NUMBER 11.

Please admit YOU have no facts which would vary the amounts owed to Plaintiff. HELP

 

NUMBER 12.

Please admit YOU have no affirmative defenses against the Plaintiff Complaint. HELP

 

NUMBER 13.

Please admit YOU executed a personal guarantee for the CREDIT ACCOUNT.  HELP

 

 

 

REQUEST FOR DOCUMENTS: 

 

NUMBER 1.

Copies of any and all DOCUMENTS between YOU and the ORGINAL CREDITOR relating to the account (for purposes of this request for Production, “ORIGINAL CREDITOR” meaning Wells Fargo Bank, N. A. “YOU” and “YOUR” mean and refer to XXXXXX your agents, attorneys, representatives or anyone acting on your behalf, “ACCOUNT means the Wells Fargo Bank, N.A. account XXXXXXXXXXXXX which is the subject of this lawsuit).

 

ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time.

 

NUMBER 2.

Copies of any and all DOCUMENTS between YOU and the Plaintiff relating to the ACCOUNT.

 

ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition.  The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff.

 

NUMBER 3.

Copies of any DOCUMENTS evidencing any payments made to ORIGINAL  CREDITOR on said ACCOUNT.

 

ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody?  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.

 

NUMBER 4.

Copies of any and all DOCUMENTS that support the affirmative defenses raised by YOU in this action.

ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

NUMBER 5.

Copies of ALL DOCUMENTS from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus on services about your account.

 

ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time.

 

NUMBER 6.

Copies of all DOCUMENTS identified by YOU in response to the Special Interrogatories, Set One, served concurrently with this request for the Production of Documents.

 

ANSWER:

 

NUMBER 7.

Copies of all DOCUMENTS identified by YOU in response to Request for Admission, Set One, served concurrently with this request for Production of Documents.

 

ANSWER:

 

NUMBER 8.

Copies of all DOCUMENTS that support YOUR contention YOU do not owe the amount claimed in the complaint on file in this lawsuit.   

 

ANSWER:

 

SPECIAL INTERROGATORIES 

 

NUMBER 1.

State all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT(for purposes of these Special Interrogatories, “YOU” and “YOUR” mean and refer to XXXXXXX, your agents, attorneys, representatives or anyone acting on your behalf, and “ACCOUNT” means the WELLS FARGO BANK , N.A. account XXXXXXXXXXXX which is the subject of this lawsuit) If YOU make no such contention, do not answer this interrogatory.

 

ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time.

 

NUMBER 2.

Describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT

 

ANSWER: Information of this sort should already be known to the Plaintiff, The DEFENDANT has no legal duty to help the Plaintiff prove their case. Plaintiff is on a fishing expedition.  The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff.

 

NUMBER 3.

State all facts upon which YOU base YOUR contention that you owe less than the amount prayed for in Plaintiff’s Complaint on the ACCOUNT.

 

ANSWER: DEFENDANT has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in her custody?  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.

 

NUMBER 4.

Describe each document that YOU believe supports YOUR contention that YOU owe less than the amount prayed for in Plaintiffs Complaint on the account.

 

ANSWER: Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

NUMBER 5.

State each of YOUR affirmative defenses.  

 

ANSWER: The DEFENDANT has denied the existence of any alleged account in the complaint. Burden of proof rest with the Plaintiff. DEFENDANT has none at this time but if any become known to the DEFENDANT during the proceedings the DEFENDANT reserves the right to present those documents at such time.

 

NUMBER 6.

State all the facts upon which you base YOUR affirmative defenses.

 

ANSWER

 

NUMBER 7.

State each mailing address, if different from YOUR residence address, for the last ten years and dates that you received mail at each.

 

ANSWER:

 

NUMBER 8.

State all facts regarding payments on account.   

 

ANSWER:

 

NUMBER 9.

Describe each document evidencing payments made on your account.  

 

ANSWER:

 

NUMBER 10.

If you have ever been married, state the name of your spouses.  

 

ANSWER:

 

NUMBER 11.

Sate all details regarding the length of your marriage(s) ( i.e. from what date until what date).    

 

ANSWER:

 

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