Help with answering interrogatories and requests for admissions

Cokie500 · September 30, 2013

I'm being sued by a JDB (Unifund) for around $3,000, and even after hours of research, I still don't really know what I'm doing. Could someone look over my answers and tell me if I'm on the right path, or need to change anything? I'd really appreciate it!

Also, in the requests for admission, the first request is to admit that I applied for an account with Citibank, which I did. I actually had two accounts with them. In the Complaint they attached a copy of one of my bills. I keep reading that I should deny everything, but with that copy of a bill that has my name and address on it along with Citi's logo (although no account number), would denying that I ever applied for an account with them get me in trouble for perjury?

INTERROGATORIES

1. Please state your full name, address, phone number, social security number, date of birth, and the name and address of your current employer.

RESPONSE: Jane Doe, PO Box 555..... Not employed.

Requests for Defendant's social security number, phone number and date of birth is objected by the Defendant on grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

2. Please identify each and every individual with knowledge relating to the allegations contained in Plaintiff's Complaint and/or your affirmative defenses, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge.

RESPONSE: Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process.

3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please sstate his/her full name, present business address, telephone number, and the substance of his/her expected testimony.

RESPONSE: Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process.

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this matter, including, but not limited to, each witness's full name, address, telephone number, and the substance of each such witness's expected tesimony. With respect to each expert witness, include that person's qualifications, conclusion or oppinion reached, and the basis of such conclusion or opinion.

RESPONSE: Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process.

5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests.

RESPONESE: None.

6. List all addresses at which you have resided or received mail since 05/05/2005, including applicable dates you received mail at each address.

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

7. Please state whether you have ever applied for, possessed, or used a credit card supplied and/or serviced by CITIBANK, NA? If yes, give the date of application, account number, and all parties authorized to use said card.

RESPONSE: The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves the existence of this account the Plaintiff should already have this information. Burden of proof rests with the Plaintiff.

8. If you claim that you are not responsible for credit card account ending in ****, please state in detail the factual basis of your claim that you are not responsible for that account.

RESPONSE: The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account the burden of proof rests with the Plaintiff.

9. If you dispute the amount Plaintiff states is due and owing by you as set out in Plaintiff's Complaint, please state the amount you claim is due and owing on the credit card account ending in ****, including all calculations and assumptions made by you in determining the amount you believe is due and owing.

RESPONSE: The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff.

10. Please list each and every payment made to CITIBANK, NA by you at any time to the credit card account ending in ****, including, but not limited to, the date of payment, amount of payment, and type of payment (check, cash, money order, or other source).

RESPONSE: The Defendant has already denied the alleged debt in the original complaint, therefore does not have this information in her custody. Burden of proof rests with the Plaintiff. The Plaintiff has filed suit, therefore this information should be known to the Plaintiff.

11. Please list every charge, credit, debit, adjustment or other entry on the credit card account ending in **** that you deny responsibility for or dispute, and state in detail the facts supporting your denial of responsibility and/or dispute.

RESPONSE: The Defendant has already denied the alleged debt in the original complaint, therefore does not have this information in her custody. Burden of proof rests with the Plaintiff.

12. Please state whether you advised CITIBANK, NA that you wished to close the credit card account ending in ****. If you did advise CITIBANK, NA that you wished to close the Account, please state the manner(s) by which you contacted CITIBANK, NA, the date(s) upon which you contacted CITIBANK, NA, and the substance of any and all communications regarding your wish to close the Account.

REPSONSE: The Defendant has already denied the alleged account in the original complaint. Burden of proof rests with the Plaintiff.

13. Please list each and every financial institution at which you maintained an account from which you made payment to the credit card account ending in ****, including, but not limited to, the name, adddress, and telephone number of the financial institution, the type of account(s) maintained, and the account number(s).

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

14. Have you ever maintained any kind of account with CITIBANK, NA other than the credit card account ending in ****? If your answer to this Interrogatory is in the affirmative state the type of account maintained and the opening and closing dates of such account.

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

15. If you dispute that Plaintiff is the owner of and/or real party in interest to the credit card account ending in ****, please state whom you believe to be the current owner of and/or real party in interest to the credit card account ending in ****.

RESPONSE: Not sure how to answer this?

16. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.

RESPONSE: The Defendant has already denied the alleged debt in the original complaint. Burden of proof rests with the Plaintiff.

REQUESTS FOR ADMISSION

1. Admit that you applied for a CITIBANK, NA credit card.

RESPONSE: Deny

2. Admit that you received a card from CITIBANK, NA with an account number ending in ****.

RESPONSE: Deny

3. Admit that you used your credit card ending in **** to purchase goods and/or services and/or to draw cash advances and/or to transfer an existing balance from another credit card account or other source.

RESPONSE: Deny

4. Admit that when you used your credit card ending in ****, you knew that you were obligated to pay back the amount(s) charged on said card.

RESPONSE: Deny

5. Admit that you made payments to CITIBANK, NA for the credit card account ending in ****.

REPSONSE: Deny

6. Admit that you received monthly billing statements from CITIBANK, NA.

RESPONSE: Deny

7. Admit that you did not dispute any item listed on a monthly billing statement from CITIBANK, NA within 60 days of receipt of the monthly billing statement containing the item at issue.

RESPONSE: Deny

8. Admit that you did not ask CITIBANK, NA to close the credit card account ending in ****.

RESPONSE: Deny

9. Admit that you owe $3000 on the account ending in ****.

RESPONSE: Deny

10. Admit that you have made no payments to either CITIBANK, NA or Plaintiff which are not reflected in the balance(s) due and owing as stated in Plaintiff's Complaint.

RESPONSE: Deny

11. Admit that you are responsible for the credit card account ending in ****.

RESPONSE: Deny

12. Admit that Plaintiff is the owner of and/or real party in interest to the credit card account ending in ****.

RESPONSE: Deny

13. Admit that you received mail at PO BOX 555 in 01/2013.

RESPONSE: Admit

14. Admit that you are the party liable for the relief demanded in the Complaint.

RESPONSE: Deny

BV80 · September 30, 2013

@Cokie500

It would help if you would copy and answer the questions in the following link.

http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

Cokie500 · October 1, 2013

1. Who is the named plaintiff in the suit? Unifund CCR, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael J. Keeney

3. How much are you being sued for? $3,000

4. Who is the original creditor? (if not the Plaintiff) Citibank

5. How do you know you are being sued? (You were served, right?) Yes

6. How were you served? (Mail, In person, Notice on door) Mail

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Kentucky

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2011

11. What is the SOL on the debt? To find out: 5 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I was served and then filed my Answers back in June, and now must answer the interrogatories, requests for admission, and production of documents.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? They need my answer to the interogs, etc by Oct. 9th.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit, a Bill of Sale between Citibank and another JDB, and an Assignment between the other JDB and Unifund. Neither Bill of Sale/Assignment has any account numbers or other identifying account information on it. Also included was one credit card billing statement.

BV80 · October 1, 2013

Regarding some of your responses, you don't have to object to something as being premature. You might just answer with "none at this time."

15. If you dispute that Plaintiff is the owner of and/or real party in interest to the credit card account ending in ****, please state whom you believe to be the current owner of and/or real party in interest to the credit card account ending in ****.

If I were the one being sued, I might respond by stating:

Objection. Assumes facts not in evidence. The existence and validity of the alleged account has not yet been proven, and Defendant has denied knowledge of the alleged account. Without waiving the foregoing objection, Defendant has no knowledge as to the identity of the current owner of the alleged account.

4. Admit that when you used your credit card ending in ****, you knew that you were obligated to pay back the amount(s) charged on said card.

RESPONSE: Deny

You need to be careful with some of the admission requests. They're tricky. In the above, you denied that you knew you were obligated to pay on the account. I might state:

Objection. Assumes facts not in evidence. No documentation has been provided proving the existence of an account ending in ****, and Defendant has denied knowledge of the alleged account. Without waiving the foregoing objection, Defendant denies.

Cokie500 · October 1, 2013

Thanks! How about in other Requests for Admission, like "3. Admit that you used your credit card ending in **** to purchase goods and/or services and/or to draw cash advances and/or to transfer an existing balance from another credit card account or other source." Should I object to that one too, or just deny?

Also, what about "1. Admit that you applied for a CITIBANK, NA credit card." Should I go ahead and admit it or deny?

BV80 · October 1, 2013

@Cokie500

You have to be careful depending upon what they might be able to prove. If the account was yours and it's possible that they could present credit card statements that show charges and payments, you have to think about that. If they were to compel your bank records, would those records show payments to Citibank?

How did you respond to the allegations in their complaint?

Cokie500 · October 1, 2013

Yes, the account was mine.

When I answered their complaint I answered all of them with "Defendant is without information or knowledge sufficient to form an opinion as to the truth or accuracy of the allegations contained in paragraph # of the Complaint and denies generally and specifically each and every allegation contained therein and demands strict proof."

BV80 · October 1, 2013

@Cokie500

Okey dokey. In the response that I suggested, you might change "Defendant has denied knowledge" to "Defendant has no knowledge".

Also, what about "1. Admit that you applied for a CITIBANK, NA credit card." Should I go ahead and admit it or deny?

Here's what your rules say. CR 36.01

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the
information known or readily obtainable by him is insufficient to enable him to admit or deny.

I'd say "After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable him (her?) to admit or deny. Without waiving the foregoing, Defendant denies."

You need to carefully study your court's Rules of Civil Procedure.

Cokie500 · October 1, 2013

Thank you! I will.

After reading this, CR 37.03 Expenses on failure to admit

"If a party fails to admit the genuineness of any document or the truth of any matter as requested

under Rule 36, and if the party requesting the admissions thereafter proves the genuineness of

the document or the truth of the matter, he may apply to the court for an order requiring the other

party to pay him the reasonable expenses incurred in making that proof, including reasonable

attorney's fees. The court shall make the order unless it finds that (a) the request was held

objectionable pursuant to Rule 36.01, or (

the admission sought was of no substantial

importance, or © the party failing to admit had reasonable ground to believe that he might prevail

on the matter, or (d) there was other good reason for the failure to admit."

I feel like by trying to fight it, if I lose, I will end up having to pay more because I tried to deny everything...

Cokie500 · October 1, 2013

Ok, so this is my latest version of my answers:

INTERROGATORIES

1. Please state your full name, address, phone number, social security number, date of birth, and the name and address of your current employer.

RESPONSE: Me, PO Box 555..... Not employed.

Requests for Defendant's social security number, phone number and date of birth is objected by the Defendant on grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

2. Please identify each and every individual with knowledge relating to the allegations contained in Plaintiff's Complaint and/or your affirmative defenses, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge.

RESPONSE: None at this time.

3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please state his/her full name, present business address, telephone number, and the substance of his/her expected testimony.

RESPONSE: None at this time.

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this matter, including, but not limited to, each witness's full name, address, telephone number, and the substance of each such witness's expected tesimony. With respect to each expert witness, include that person's qualifications, conclusion or opinion reached, and the basis of such conclusion or opinion.

RESPONSE: None at this time.

5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests.

RESPONSE: None.

6. List all addresses at which you have resided or received mail since 01/01/2001, including applicable dates you received mail at each address.

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

7. Please state whether you have ever applied for, possessed, or used a credit card supplied and/or serviced by CITIBANK, NA? If yes, give the date of application, account number, and all parties authorized to use said card.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

8. If you claim that you are not responsible for credit card account ending in ****, please state in detail the factual basis of your claim that you are not responsible for that account.

RESPONSE: The Defendant has no knowledge of the existence of the alleged account. If information exists that proves there is an account the burden of proof rests with the Plaintiff.

9. If you dispute the amount Plaintiff states is due and owing by you as set out in Plaintiff's Complaint, please state the amount you claim is due and owing on the credit card account ending in ****, including all calculations and assumptions made by you in determining the amount you believe is due and owing.

RESPONSE: The Defendant has no knowledge of the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff.

10. Please list each and every payment made to CITIBANK, NA by you at any time to the credit card account ending in ****, including, but not limited to, the date of payment, amount of payment, and type of payment (check, cash, money order, or other source).

RESPONSE: The Defendant has no knowledge of the alleged account ending in ****, therefore does not have this information in her custody. Burden of proof rests with the Plaintiff. The Plaintiff has filed suit, therefore this information should be known to the Plaintiff.

11. Please list every charge, credit, debit, adjustment or other entry on the credit card account ending in **** that you deny responsibility for or dispute, and state in detail the facts supporting your denial of responsibility and/or dispute.

RESPONSE: The Defendant has no knowledge of the alleged account ending in ****, therefore does not have this information in her custody.

12. Please state whether you advised CITIBANK, NA that you wished to close the credit card account ending in ****. If you did advise CITIBANK, NA that you wished to close the Account, please state the manner(s) by which you contacted CITIBANK, NA, the date(s) upon which you contacted CITIBANK, NA, and the substance of any and all communications regarding your wish to close the Account.

RESPONSE: The Defendant has no knowledge of the alleged account ending in ****.

13. Please list each and every financial institution at which you maintained an account from which you made payment to the credit card account ending in ****, including, but not limited to, the name, address, and telephone number of the financial institution, the type of account(s) maintained, and the account number(s).

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

14. Have you ever maintained any kind of account with CITIBANK, NA other than the credit card account ending in ****? If your answer to this Interrogatory is in the affirmative, state the type of account maintained and the opening and closing dates of such account.

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

15. If you dispute that Plaintiff is the owner of and/or real party in interest to the credit card account ending in ****, please state whom you believe to be the current owner of and/or real party in interest to the credit card account ending in ****.

RESPONSE: Objection. Assumes facts not in evidence. The existence and validity of the alleged account has not yet been proven, and Defendant has no knowledge of the alleged account. Without waiving the foregoing objection, Defendant has no knowledge as to the identity of the current owner of the alleged account.

16. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.

RESPONSE: The Defendant has no knowledge of the alleged debt in the original complaint. Burden of proof rests with the Plaintiff.

REQUESTS FOR ADMISSION

1. Admit that you applied for a CITIBANK, NA credit card.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

2. Admit that you received a card from CITIBANK, NA with an account number ending in ****.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

3. Admit that you used your credit card ending in **** to purchase goods and/or services and/or to draw cash advances and/or to transfer an existing balance from another credit card account or other source.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

4. Admit that when you used your credit card ending in ****, you knew that you were obligated to pay back the amount(s) charged on said card.

RESPONSE: Objection. Assumes facts not in evidence. No documentation has been provided proving the existence of an account ending in ****, and Defendant has denied knowledge of the alleged account. Without waiving the foregoing objection, Defendant denies.

5. Admit that you made payments to CITIBANK, NA for the credit card account ending in ****.

REPSONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

6. Admit that you received monthly billing statements from CITIBANK, NA.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

7. Admit that you did not dispute any item listed on a monthly billing statement from CITIBANK, NA within 60 days of receipt of the monthly billing statement containing the item at issue.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

8. Admit that you did not ask CITIBANK, NA to close the credit card account ending in ****.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

9. Admit that you owe $3000 on the account ending in ****.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

10. Admit that you have made no payments to either CITIBANK, NA or Plaintiff which are not reflected in the balance(s) due and owing as stated in Plaintiff's Complaint.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

11. Admit that you are responsible for the credit card account ending in ****.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

12. Admit that Plaintiff is the owner of and/or real party in interest to the credit card account ending in ****.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

13. Admit that you received mail at PO BOX 555 in 01/2013.

RESPONSE: Admit

14. Admit that you are the party liable for the relief demanded in the Complaint.

RESPONSE: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to admit or deny. Without waiving the foregoing, Defendant denies.

REQUEST FOR PRODUCTION OF DOCUMENTS

1. Please produce all documents utilized, referred to, consulted and/or referenced in formulating your responses to these Interrogatories and Requests for Admission.

Defendent has none.

2. Please produce all documents, evidence and/or exhibits which you intend, contemplate, or expect to enter into evidence at trial, hearing, arbitration, mediation or other proceeding in this matter or to use to refresh a witness's recollection.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

3. Please produce copies of any and all documents pertaining to the debt that is the subject of this lawsuit or pertaining to your affirmative defenses (if any).

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

4. Please produce copies of any documents provided by you to any expert witness.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

5. Please produce any and all documents relating to or comprising any expert's report, opinion or conclusion, and a copy of each expert's curriculum vitae or resume.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

6. Please produce legible copies of any checks, check book log records, any money order receipts, wire transfers, checks by phone, or any other documents related to any method of payment and any other documentiation evidencing payments made to the account ending in ****.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

7. Please produce a copy of each and every document sent by you to or sent to you by CITIBANK, NA.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

8. Please produce copies of any documents reflecting payments made to CITIBANK, NA, to Plaintiff, or to any other person for the account ending in ****, which you believe are not credited in the balance(s) sued for in Plaintiff's Complaint.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

9. Please produce copies of any documents showing that you are entitled to any credits, offsets, or decuctions not already refleced in the balance(s) sued for in Plainiff's Complain.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

10. Please produce copies of any documents showing that you do not owe the balance(s) sued for in Plaintiff's Complaint.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

11. Please produce each and every document relating to the allegations in Plaintiff's Complaint and/or relating to your affirmative defenses (if any) that has not been produced in response to a previous request for production.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

12. Please produce any and all documents supporting your answers to the attached Interrogatories and Requests for Admission, if such documents were not produced in response to Requests for Production nos. 1 through 11.

Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.

Spikey · October 1, 2013

I feel like by trying to fight it, if I lose, and I most likely will if I have to appear in court, then I will end up having to pay more because I tried to deny everything...

Better to fight and lose and than not fight at all. Unifund is well known for their shady practices.

6. List all addresses at which you have resided or received mail since 01/01/2001, including applicable dates you received mail at each address.

RESPONSE: Objection. Irrelevant, will not lead to any legal conclusion.

I would recommend changing this to: Object, Irrelevant, will not lead to any admissible evidence.

Same with #13 regarding financial institutions and #14 as well.

I think you're in good shape otherwise and haven't given them anything to work with.

BV80 · October 1, 2013

For 10 - 14 of the interrogatories, I might add the objection about assuming facts not in evidence and plaintiff hasn't proven anything). They include phrases such as "every payment made to CITIBANK, NA by you", "every charge...that you deny responsibility for or dispute", etc.

They haven't shown the account even exists much less that it's your account. Read each of those interrogatories carefully, and you'll see what I mean.

4. Admit that when you used your credit card ending in ****, you knew that you were obligated to pay back the amount(s) charged on said card.

RESPONSE: Objection. Assumes facts not in evidence. No documentation has been provided proving the existence of an account ending in ****, and Defendant has denied knowledge of the alleged account. Without waiving the foregoing objection, Defendant denies.

I'm honestly not sure about objections to admission requests. We have to be VERY careful when responding to admissions. If a response is evasive, the judge could deem the admission to be admitted. I'm thinking that if you use the objection, you want to also include the reasonable inquiry response.

I can see your reason for objecting to the above request. They included the words "your credit card". It hasn't been proven that you had a credit card ending in ****. That being said, you might want to be consistent and apply that objection to other admission requests that use terminology that implies the existence of the account and that it's your account.

Cokie500 · October 3, 2013

Thank you @BV80 and @Spikey! I'll be sending out my answers, plus my own set of Interogs, etc., to the plaintiff later today.

Is there anything else that should be done now, or do I just have wait until they reply before my next move?

So far the only other thing I've done in the case is, of course, supplying my answers to the original complaint.

Spikey · October 3, 2013

@Cokie500 You should be reviewing the Civil Code and Evidence Code. Along with trying to track down similar cases in your state for use as things progress.

Keep track of the dates for responses as well, so you know when to send follow ups. Also read up on the procedures for if they fail to respond. Most states deem admissions admitted if they aren't responded to within a certain time frame but it isn't necessarily automatic.

BV80 · October 3, 2013

@Cokie500

If you don't mind, would you please post the allegations in the complaint? It always helps to read and study the allegations. Also, we might need to know the cause of action.

Also, here's a couple of cases for you to read. Pay attention to the issues addressed by the court. They address the issue of standing to sue along with what is required to prove status as an assignee.

http://scholar.google.com/scholar_case?case=8804202280125072655&q=%22Bullock+v.+Worldwide+Asset+Purchasing%22&hl=en&as_sdt=2,41

http://scholar.google.com/scholar_case?case=4009258465406068717&q=%22assignee%22+AND+debt&hl=en&as_sdt=4,18

Cokie500 · October 3, 2013

INTRODUCTION

1. Plantiff is an LLC and is authrorized to do busines in Kentucky.

2. Upon information and belief, Defendant is an individual who resides and/or maintains an address and/or domicile sufficient to allow this Court to maintain Jurisdiction and venue of Plaintiff's claims. Further, Plaintiff seeks damages in an amount which exeeds the minimal jurisdictional requirement of this Court.

COUNT ONE

FIRST CLAIM

3. Plaintiff reincorporates Paragraphs 1 through 2 as if fully rewritten herin.

4. The subject of this action is an unpaid account, with account number ending in **** (the “Account”). The Account was issued by Citibank (South Dakota), N.A. (the “Original Creditor”). Defendant opened the Account in the month of June, 2003.

5. Plainff has been assigned the Account, including, but not liimited to, those rights associated with this action.

6. By use of and/or payments to and/or retention of the Account, Defendant formed a contract with the Original Creditor for use of the Account, including Defendant's agreement to pay the outstanding balance on the Account when due.

7. Defendant and/or Defendant's authroized users used the Account to purchase goods and/or services and/or to make cash advances, and/or funds provided for overdraft protection paid from the account. Through Defendant's use of the Account, the Original Creditor performed its agreement to extend credit or services to the Defendant.

8. Plaintiff further states that Defedant is in breach of contract by failing to make payments in an amount satisfactory to comply with the Account and/or revolving credit agreement.

9. On 03/01/2010, the Original Creditor charged off the Account.

10. As a direct and proximate result of Defendant's breach of the Account agreement, Plaintiff has been damaged in the amount of $3,000, plus court costs as allowed by law.

SECOND CLAIM

11. Plaintiff incorporates paragraphs 1 through 10 as if fully rewritten herein.

12. Defendant unambiguously promised to pay certain amounts due and owing on the Account but failed to do so.

13. The Original Creditor relied upon Defdant's promise to pay the amount due and owing on the Account.

14. The Original Creditor's reliance upon Defendant's promise was reasonable.

15. The Original Creditor relied upon Defendant's promise to its detriment.

16. As a direct and proximate result of Defendant's failure to keep the promise, Plaintiff, as the Original Creditor's successor in interest, has been damaged in an amount to be determed at trial, plus court costs as allowed by law or in equity.

THIRD CLAIM

17. Plaintiff incorporates paragraphs 1 through 16 as if fully rewritten herein.

18. The Original Creditor conferred a benefit upon Defendant by extending Defendant credit under the Account.

19. Defendant benefited from the Account by using the Account to make purchases for goods and/or services, and/or to make cash advances, and/or funds provided for overdraft protection paid from the Account.

20. Plaintiff, as the Original Creditor's successor in interest, is entitled to repayment of the outstanding unpaid benefit conferred under the Account.

21. Defendant has ben unjustly enriched as a result of receiving the benefit of the use and privileges associated with the Accuount (including, but not limited to, the goods and services purchased, and/or the cash from cash advances, and/or funds provided for overdraft protection paid from the Account) without paying for those benefits.

22. As a direct and proximate result of Defendant's unjust enrichment, Plaintiff has been damaged in an amount to be determined at trial plus court costs as allowed by law or in equity.

FOURTH CLAIM

23. Plaintiff incorporates paragraphs 1 through 22 as if fully rewritten herein.

24. Defendant has an account that is due and owing to Plaintiff. The Account is stated in the attached Affidavit and any additional supporting documents. Additional documents are not attached to the Complaint because, upon information and belief, the Original Creditor sent regular statements for the Account to Defendant which are in Defendant's possession and control.

25. Defendant benefited from the Account by using the Account to purchase goods and/or services, and/or to make cash advances, and/or funds provided for overdraft protection paid from the Account.

26. Defendant has not paid the balance due and owing on the Account.

27. Plainiff made a demand for payment from Defendant prior to the commencement of this action to no avail.

28. As a direct and proximate result of Defendant's enrichment and failure to pay the amount due and owing on the Account, Plaintiff has been damaged in the amount of $3,000, plus court costs as allowed by law.

WHEREFORE, Plaintiff demands Judgment against the Defendant as follows:

a. In connection with the First and Fourth Claims, the amount of $3,000; and

b. In connection with the Second and Third Claims, an amount to be proven at trial; and

c. court costs as allowed by law or in equity; and

d. all other and further relief that this Court deems just.

BV80 · October 4, 2013

Looks like their suing for breach of contract and possibly account stated, as well.

What documents did you request?

24. Defendant has an account that is due and owing to Plaintiff. The Account is stated in the attached Affidavit and any additional supporting documents. Additional documents are not attached to the Complaint because, upon information and belief, the Original Creditor sent regular statements for the Account to Defendant which are in Defendant's possession and control.

Since they claim they didn't attach documents because you allegedly have them, it will be interesting to see what they provide as evidence.

Cokie500 · October 4, 2013

REQUEST FOR PRODUCTION OF DOCUMENTS

1. Please produce all documents utilized, referred to, consulted and/or referenced in formulating your responses to these Interrogatories and Requests for Admission.

2. Please produce the complete contents of records, paper and/or electronically stored data, relevant to the alleged account ending in ****.

3. Please produce all contracts, agreements, and/or applications for credit signed by Defendant, pertinent to the alleged account ending in ****.

4. Please produce all writings concerning failure of Defendant to make payments to CITIBANK, NA on the alleged account ending in ****.

5. Please produce each agreement/terms and conditions you contend was offered to and accepted by the Defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the alleged account ending in **** from the date the account was opened to the present.

6. For each document listed below that was allegedly delivered to the defendant concerning the alleged account ending in **** please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered:

A. The original account agreement for the alleged account.

B. Any amendment to the agreement for the alleged account.

C. Any notice of a change in any term of the alleged account, including but not limited to a change in the rate of interest or amount of any fee applicable to the alleged account.

D. Any schedule of interest rates or fees applicable to the alleged account.

E. Any credit card issued in connection with the alleged account.

F. Any statement of payments, charges, fees or interest for the alleged account.

7. For each document you have produced that you contend applies to the alleged account ending in **** and that does not contain some piece of the Defendant’s identifying information, such as the Defendant’s name, social security number, account number, or signature: Please produce every document containing information from which it may be determined whether the document applies to the alleged account.

8. Please produce all charge slips bearing defendant's signature which establish use of the alleged account ending in ****.

9. Please produce a complete history of the alleged account ending in **** from day one, establishing the legitimacy of the balance sought.

10. Please produce any document Plaintiff intends to introduce at trial which establishes the exact day the alleged account ending in **** went into default.

11. Please produce all documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

12. Please produce a complete copy of the agreements that constitute the chain of title for the alleged account ending in **** starting with the agreement between the originator of the account and its assignee and including each agreement between an assignee of the account and another assignee of the account and/or UNIFUND CCR, LLC. This is a request for the entire agreement, not just the bill of sale or exhibit to an agreement and includes master or "flow" agreements whose terms relate in any way to or are incorporated by an agreement transferring rights to the account at issue in this lawsuit. In order to protect the privacy of other debtors whose accounts may be included in such agreements, UNIFUND CCR, LLC may redact or otherwise omit information identifying any debtor other than the Defendant.

13. Please produce copies of all documents used in the making of the alleged account ending in ****.

14. Please produce a copy of the original credit card contract for the alleged account ending in **** that is the basis of your Complaint.

15. Please produce all evidence/proof of the Defendant’s alleged debt to Plaintiff, including specifically the contract between the Plaintiff and Defendant, or any other instrument constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendant’s signature, and/or Please produce the contract that legally requires the Defendant to pay the amount entered into complaint.

16. Please produce evidence of authorization of Plaintiff to do business, create loans, issue or extend credit, collect debts and/or operate in the State where the Plaintiff conducts their business.

17. Please produce evidence of authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of Kentucky.

18. Please produce the document(s) that proves you did send the Defendant a notification of assignment of the alleged account ending in **** or assignment of rights.

19. Please produce any and all notices sent to Defendant by Plaintiff in regards to the alleged account ending in **** demanding payment.

20. Please produce a complete and accurate history of the interest charged on the alleged account ending in **** with Plaintiff. Show the exact dates those interest rates changed and list the various rates that were charged during this debt and the exact method of amortization.

21. Please produce any and all notices sent to Defendant by Plaintiff announcing changes in interest, fees or penalties and/or the terms of this alleged debt.

22. Please produce the original dunning letter that was allegedly sent to Defendant.

23. Please produce any and all notices sent to Defendant by Plaintiff in regards to the alleged account ending in **** announcing transfer and/or assignment of the alleged credit card account from Plaintiff to any collection agency or collection attorney.

24. Please produce a copy of the agreement with Plaintiff that grants Michael J. Keeney the authority to collect this alleged debt.

25. Please produce all documents, evidence and/or exhibits which you intend, contemplate, or expect to enter into evidence at trial, hearing, arbitration, mediation or other proceeding in this matter or to use to refresh a witness's recollection that have not already been produced.

26. Please produce any and all documents supporting your answers to the attached Interrogatories and Requests for Admission, if such documents were not produced in response to Requests for Production nos. 1 through 25.

BV80 · October 4, 2013

@Cokie500

24. Please produce a copy of the agreement with Plaintiff that grants Michael J. Keeney the authority to collect this alleged debt.

Who is Keeney?

26. Please produce any and all documents supporting your answers to the attached Interrogatories and Requests for Admission, if such documents were not produced in response to Requests for Production nos. 1 through 25.

Did you send interrogatories and admissions requests?

Cokie500 · October 4, 2013

@BV80

Keeney is Unifund's lawyer. And yes, I also sent those things.

INTERROGATORIES

1. Please identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the Plaintiff’s Organization.

RESPONSE:

2. Please identify each and every individual with knowledge of facts relating to the allegations contained in the Plaintiff's Complaint, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge.

RESPONSE:

3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please state his/her full name, present business address, telephone number, and the substance of his/her expected testimony.

RESPONSE:

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this manner, including, but not limited to, each witness's full name, address, telephone number, and the substance of each such witness's expected testimony. With respect to each expert witness, include that person's qualifications, conclusion or opinion reached, and the bases of such conclusion or opinion.

RESPONSE:

5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests.

RESPONSE:

6. In regards to the contract or agreement alleged in this action, please state the following: A) Terms of the contract or agreement; Credit limit or amount financed in the alleged contract or agreement; C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement; D) Date and monetary value of any valuable consideration received on the contract or agreement; E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

RESPONSE:

7. If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following: (A) Creditor name and address ( Creditor account or reference number for the subject of this action © State all facts in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs (D) Identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs (E) Identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs

RESPONSE:

8. For each person who has had any involvement in any manner in any efforts on your behalf to collect or attempt to collect the alleged debt purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.

RESPONSE:

9. Describe all collection activities, which you were authorized to perform by the creditor, and identify the terms of the agreement between the creditor(s) and you pursuant to which you sought to collect this alleged account ending in ****.

RESPONSE:

10. To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect the alleged debt from Defendant purportedly owed by Defendant to you or to the underlying creditor(s).

RESPONSE:

11. Describe your procedure and policy with respect to the Maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

RESPONSE:

12. State all actions taken to verify the accuracy and completeness of the alleged account ending in **** and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

RESPONSE:

13. State how the alleged account ending in **** came into possession of the Plaintiff. If the Plaintiff purchased this account, provide information regarding the sale including: A) The previous owner or owners of this account; the acquisition price of this account; and C) the identity of any brokers that assisted in the transaction, including their addresses and the amount of consideration they received with respect to the sale.

RESPONSE:

14. State the name, address, phone number, job position and employer of the person who signed the affidavit attached to Plaintiff's complaint.

RESPONSE:

15. State all of the specific charges that total the alleged balance in the complaint.

RESPONSE:

16. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported Defendant’s alleged debt and the dates of each such report.

RESPONSE:

17. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.

RESPONSE:

REQUESTS FOR ADMISSION

1. Admit that Plaintiff is not the original creditor which allegedly extended credit to the Defendant, which such extension of credit is the subject matter of this lawsuit against the Defendant.

RESPONSE:

2. Admit that Plaintiff has no written agreement showing that an account was established in the Defendant’s name and a Credit Card ending in **** was issued to the Defendant.

RESPONSE:

3. Admit that Plaintiff does not have a copy of any contract showing Defendant owes the money sought in the complaint.

RESPONSE:

4. Admit that Plaintiff has never entered into a contract, directly, with the Defendant.

RESPONSE:

5. Admit that Plaintiff is unable to provide complete accounting for the amount Plaintiff is claiming.

RESPONSE:

6. Admit that Plaintiff cannot identify the specific charges represented by the balance sought in the complaint.

RESPONSE:

7. Admit that Plaintiff has no documentation, which would prove Defendant received any of the services or items, which are represented in the balance sought in this action.

RESPONSE:

8. Admit that Nichole Peters, who is the affiant for Plaintiff, is the legal counsel retained by Plaintiff and not an employee of the original creditor, CITIBANK, NA.

RESPONSE:

9. Admit that Nichole Peters, who is the affiant for Plaintiff, is not personally familiar with the books and records as they pertain to the alleged account because she is not, and never has been, an employee of the original creditor, CITIBANK, NA, and her statement is based on hearsay.

RESPONSE:

10. Admit that Plaintiff has no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.

RESPONSE:

11. Admit that Plaintiff is not the real party of interest.

RESPONSE:

12. Admit that there is no written agreement between Defendant and Plaintiff regarding this alleged debt.

RESPONSE:

13. Admit that Plaintiff purchases defaulted alleged debts and/or accounts as a regular course of business.

RESPONSE:

14. Admit that Plaintiff is not an affiliate or subsidiary of CITIBANK, NA.

RESPONSE:

15. Admit that Plaintiff has no document in their possession bearing Defendant's signature.

RESPONSE:

16. Admit the Defendant has never verbally agreed to pay Plaintiff any sum of money.

RESPONSE:

17. Admit the Defendant has never, in written form, agreed by contract or any other legally binding document, to be indebted to Plaintiff direct.

RESPONSE:

18. Admit that all of Plaintiff's records, which allegedly show an obligation of the Defendant to Plaintiff, are hearsay.

RESPONSE:

BV80 · October 4, 2013

@Cokie500

I was just making sure you sent them. It would have looked strange to include that request if rogs and admissions had not been included.

I asked about Keeney because I figured he's the attorney for the plaintiff. More than likely, they will object to that request based upon attorney/client confidentiality, and also because it's not required for the attorney to prove he's representing the plaintiff.

You were very thorough in your requests. They'll probably object to most of them, but we'll see to which ones they object and their reasons for objecting. Sometimes you can use their responses against them.

Cokie500 · October 5, 2013

While doing some research, I came across this under Kentucky Revised Statues:

371.050 Assignee to aver consideration -- Amount recoverable.

In an action on any assignment of a writing, the consideration for the assignment

shall be averred. The plaintiff shall recover no more than the consideration actually

paid by him for the note or assignment.

Effective:October 1, 1942

History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from

Ky. Stat. sec. 475.

From what little I've read about it so far when used in other cases, it seems this tends to scare away the JDB and get an instant dismissal. How do I use this at this point? The sooner I can get the case dismissed (if I can), the better.

UPDATE: After reading conflicting reports, I'm confused about whether this actually does apply to CC debt. Any ideas??

Cokie500 · November 2, 2013

Here are the answers to the discovery requests I sent to the plaintiff:

OBJECTIONS

1. Unifund generally objects to all Defendant's Discovery Requests to the extent that the requests call for information that is protected by the attorney-client privilege or the attorney work product doctrine. To the extent that a Request calls for privileged documents, Unifund objects and will not produce such documents.

2. To the extent that Unifund, pursuant to any Request, produces a document which any party may later claim is privileged or which any party characterizes as privileged, it is understood that such production does not constitute a waiver of the attorney-client privilege or the attorney work product doctrine.

3. Unifund objects to Defendant's Discovery Requests to the extent that they seek to impose any obligation on Unifund, whether by response, productions, supplementation, identification of documents or persons, or otherwise, which exceeds Unifund's responsibility under the Kentucky Rules of Civil Procedure. Unifund will be guided solely by the Kentucky Rules of Civil Procedure in responding to Defendant's Discovery Requests.

4. The fact that Unifund has produced documents pursuant to, and Discovery Requests, is not intended and shall not be construed as a waiver by Unifund of all or any part of any and all objections to the admissibility of same at trial.

5. Unifund objects to Discovery Requests and related instructions to the extent that they seek information from individuals and other sources whose knowledge and information is not presently known by Unifund. Moreover, Unifund objects to Defendant's Discovery Requests to the extent that they attempt to compel Unifund to answer the Discovery requetss on behalf of separate and autonomous person(s) and/or business entity(ies) that are not parties to the above captioned action. Unifund's responses to the Discovery Requests are based upon information presently available to it, and are made solely on behalf of Unifund.

6. Unifund objects to Defendant's Discovery Requests to the extent that they are not reasonably calculated to lead to the discovery of admissible evidence.

7. Unifund's responses to the Discovery Requests are made without prejudice to its right to amend and/or supplement its responses in light of fact later learned or documents later obtained.

INTERROGATORIES

1. Please identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the Plaintiff’s Organization.

RESPONSE: Subject to and without waiving the General Objections, Nathan …addy, phone.... Account Analyst.

2. Please identify each and every individual with knowledge of facts relating to the allegations contained in the Plaintiff's Complaint, and for each such person, please state his/her full name, present address, phone number, and the substance of his/her alleged knowledge.

RESPONSE: Subject to and without waiving the General Objections, Nathan ...addy, phone.., Account Analyst, the account, its acquisition and related documents.

3. Please identify any expert witness consulted and/or retained by you who will or may possibly testify in this matter, and for each person identified, please state his/her full name, present business address, telephone number, and the substance of his/her expected testimony.

OBJECTION: This interrogatory is premature as discovery is ongoing and Plaintiff has not yet decided whom it will or may call as a witness at trial.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff does not anticipate calling an expert witness at this time. Plaintiff reserves the right to supplement this response.

4. Please identify each and every person whom you anticipate you may call as a fact witness or expert witness at any trial, hearing, mediation, arbitration or other proceeding in this manner, including, but not limited to, each witness's full name, address, telephone number, and the substance of each such witness's expected testimony. With respect to each expert witness, include that person's qualifications, conclusion or opinion reached, and the bases of such conclusion or opinion.

OBJECTION: Cumulative and duplicative, asked and answered. This interrogatory is premature as discovery is ongoing and Plaintiff has not yet decided whom it will or may call as a witness at trial.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff will or may call one or more of the following individuals as a witness at trial: an Authorized Representative of Unifund CCR, LLC, an Authorized Representative of CitiBank, NA, and the Defendant. Replying further, the Unifund representative is expected to testify regarding the account, its acquisition and related documents. The CitiBank, NA representative is expected to testify regarding the account, its assignment, and related documents. The Defendant is expected to testify regarding the use of the account, payments made, and related documents.

5. Please identify all persons providing information contained in the answers to these Discovery Requests, including those persons who have prepared or who have assisted in the preparation of the answers to these Discovery Requests.

OBJECTION: Cumulative and duplicative, asked and answered, see interrogatories #1 and #2.

6. In regards to the contract or agreement alleged in this action, please state the following: A) Terms of the contract or agreement; Credit limit or amount financed in the alleged contract or agreement; C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement; D) Date and monetary value of any valuable consideration received on the contract or agreement; E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

OBJECTION: Overly broad and unduly burdensome; Plaintiff is not the original creditor; requires Plaintiff to respond on behalf of a third party over which it has not control; requests documentation not currently within the possession, custody, or control of the Plaintiff; requests documentation within the possession, custody, or control of a third party over which Plaintiff has no control.

RESPONSE: Subject to and without waiving the General Objections, documentation responsive to this request has been requested and will be forwarded upon receipt. However, said documentation may have been purged pursuant to 12 C.F.R §§202.12 and/or 226.25, in which case, the documentation may not be available. Plaintiff reserves the right to supplement this response.

7. If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following: (A) Creditor name and address ( Creditor account or reference number for the subject of this action © State all facts in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs (D) Identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs (E) Identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs

OBJECTION: Overly broad and unduly burdensome; this interrogatory is premature as discovery is ongoing and Plaintiff has not yet decided whom it will or may call as a witness at trial.

RESPONSE: Subject to and without waiving the General Objections, CITIBANK, NA, ….; **full account number**, see attached. Plaintiff reserves the right to supplement this response.

8. For each person who has had any involvement in any manner in any efforts on your behalf to collect or attempt to collect the alleged debt purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.

OBJECTION: Overly broad and unduly burdensome; irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and provides Defendant with absolutely no defense to Unifund's claims.

9. Describe all collection activities, which you were authorized to perform by the creditor, and identify the terms of the agreement between the creditor(s) and you pursuant to which you sought to collect this alleged account ending in ****.

OBJECTION: Overly broad and unduly burdensome; irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and provides Defendant with absolutely no defense to Unifund's claims.

10. To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect the alleged debt from Defendant purportedly owed by Defendant to you or to the underlying creditor(s).

OBJECTION: Overly broad and unduly burdensome; irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and provides Defendant with absolutely no defense to Unifund's claims.

RESPONSE: Subject to and without waiving the General Objections, see attached. Plaintiff reserves the right ot supplement this response.

11. Describe your procedure and policy with respect to the Maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

OBJECTION: Overly broad and unduly burdensome; irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and provides Defendant with absolutely no defense to Unifund's claims.

12. State all actions taken to verify the accuracy and completeness of the alleged account ending in **** and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

OBJECTION: Unifund objects to this request as utterly irrelevant, it is not likely to lead to the discovery of admissible evidence regarding the amount owed by Defendant on the account at issue, and also provides Defendant with absolutely no defense to Unifund's claims; Unifund will not produce any documents protected by the work product doctrine, the attorney-client privilege and/or any other applicable privilege or protection; Unifund objects to this request and will not produce any confidential, privileged and proprietary commercial information not disclosed, either internally or publicly, by Unifund and/or Unifund's predecessor-in-interest.

13. State how the alleged account ending in **** came into possession of the Plaintiff. If the Plaintiff purchased this account, provide information regarding the sale including: A) The previous owner or owners of this account; the acquisition price of this account; and C) the identity of any brokers that assisted in the transaction, including their addresses and the amount of consideration they received with respect to the sale.

OBJECTION: Vague and unclear; Unifund objects to this request as utterly irrelevant, because the amount for which Unifund allegedly purchased the assigned debt is not likely to lead to the discovery of admissible evidence regarding the amount owed by Defendant on the account at issue, and also provides Defendant with absolutely no defense to Unifund's claims; Unifund will not produce any documents protected by the work product doctrine, the attorney-client privilege and/or any other applicable privilege or protection; Unifund objects to this request and will not produce any confidential, privileged and proprietary commercial information not disclosed, either internally or publicly, by Unifund and/or Unifund's predecessor-in-interest; requests documentation not currently within the possession, custody, or control of the Plaintiff; requests documentation within the possession, custody, or control of a third party over which Plaintiff has no control.

RESPONSE: Subject to and without waiving the General Objections, see attached. Plaintiff reserves the right to supplement this response.

14. State the name, address, phone number, job position and employer of the person who signed the affidavit attached to Plaintiff's complaint.

OBJECTION: Irrelevant, not reasonably calculated to lead to the discovery of admissible evidence.

RESPONSE: Subject to and without waiving this or the General Objections, Nichole Peters ….., Account Analyst for the Plaintiff.

15. State all of the specific charges that total the alleged balance in the complaint.

OBJECTION: Overly broad and unduly burdensome; Plaintiff is not the original creditor; requires Plaintiff to respond on behalf of a third party over which it has no control; requests documentation not currently within the possession, custody,, or control of the Plaintiff; requests documentation within the possession, custody, or control of a third party over which Plaintiff has no control.

RESPONSE: Subject to and without waiving these or the General Objections, see attached. Additional documentation responsive to this request has been requested and will be forwarded upon receipt. However, said documentation may have been purged pursuant to 12 C.F.R §§202.12 and/or 226.25, in which case, the documentation may not be available. Plaintiff reserves the right to supplement this response.

16. Identify each Credit Reporting Agency (credit bureau) to which the Plaintiff reported Defendant’s alleged debt and the dates of each such report.

OBJECTION: Irrelevant, not reasonably calculated to lead to the discovery of admissible evidence.

RESPONSE: Subject to and without waiving this or the General Objections, on January 10, 2013, Plaintiff contacted all credit reporting agencies which it reports and requested that the trade line for the account at issue be deleted from the Defendant's credit report.

17. If your answer to any of the Requests for Admission attached hereto is anything other than an unqualified admission, then please state in detail, for each such response, all the facts and circumstances supporting your response.

OBJECTION: Overly broad and unduly burdensome; irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and provides Defendant with absolutely no defense to Unifund's claims; requests information which is, or should be, within the possession, custody, or control of the Defendant.

REQUESTS FOR ADMISSION

1. Admit that Plaintiff is not the original creditor which allegedly extended credit to the Defendant, which such extension of credit is the subject matter of this lawsuit against the Defendant.

RESPONSE: Subject to and without waiving the General Objections, admit.

2. Admit that Plaintiff has no written agreement showing that an account was established in the Defendant’s name and a Credit Card ending in **** was issued to the Defendant.

OBJECTION: Plaintiff's Complaint is not necessarily based upon a written contract; assumes that all contracts must be in writing; assumes that a signature is required to form a valid contract, debt, or obligation.

RESPONSE: Subject to and without waiving these or the General Objections, admits that it does not currently have a contract or other document signed by the Defendant within its possession, custody, or control. Plaintiff reserves the right to supplement this response.

3. Admit that Plaintiff does not have a copy of any contract showing Defendant owes the money sought in the complaint.

OBJECTION: Plaintiff's Complaint is not necessarily based upon a written contract; assumes that all contracts must be in writing; assumes that a signature is required to form a valid contract, debt, or obligation.

RESPONSE: Subject to and without waiving these or the General Objections, admits that it does not currently have a contract or other document signed by the Defendant within its possession, custody, or control. Plaintiff reserves the right to supplement this response.

4. Admit that Plaintiff has never entered into a contract, directly, with the Defendant.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff admits.

5. Admit that Plaintiff is unable to provide complete accounting for the amount Plaintiff is claiming.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff denies.

6. Admit that Plaintiff cannot identify the specific charges represented by the balance sought in the complaint.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff denies.

7. Admit that Plaintiff has no documentation, which would prove Defendant received any of the services or items, which are represented in the balance sought in this action.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff denies.

8. Admit that Nichole Peters, who is the affiant for Plaintiff, is the legal counsel retained by Plaintiff and not an employee of the original creditor, CITIBANK, NA.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff admits that Nichole Peters is not an employee of Citibank, NA. However, Plaintiff denies that Nichole Peter is this legal counsel retained by Plaintiff.

9. Admit that Nichole Peters, who is the affiant for Plaintiff, is not personally familiar with the books and records as they pertain to the alleged account because she is not, and never has been, an employee of the original creditor, CITIBANK, NA, and her statement is based on hearsay.

RESPONSE: Subject to and without waiving the General Objections, Plaintiff denies.

10. Admit that Plaintiff has no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.

OBJECTION: Cumulative and duplicative, asked and answered, see admission #2; Plaintiff's Complaint is not necessarily based upon a written contract; assumes that all contracts must be in writing; assumes that a signature is required to form a valid contract, debt, or obligation.

RESPONSE: Subject to and without waiving these or the General Objections, Plaintiff admits that it does not currently have a contract or other document signed by the Defendant within its possession, custody, or control. Plaintiff reserves the right to supplement this response.