Jump to content

Discovery Requests for the JDB


Recommended Posts

1. Who is the named plaintiff in the suit? Unifund

2. What is the name of the law firm handling the suit? Michael J. Keeney

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

4. Who is the original creditor? Citibank

5. How do you know you are being sued? Served

6. How were you served? 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? Carter County, Kentucky

10. When is the last time you paid on this account? 2011

11. What is the SOL on the debt? To find out: 15 yrs

12. What is the status of your case? Currently in Discovery.

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? No

15. How long do you have to respond to the suit? I have 1 week left to respond to their Interogs and Requests.

16. What evidence did they send with the summons? They sent an affidavit that wasn't actually signed by a person, 2 bills of sale/assignments, and one statement from the OC

 

 

 

Here are the Interrogatories, Requests for Admission, and Requests for Production of Documents that I'm planning to send to the Plaintiff (Unifund). Have I left anything out? Are some of the inquiries redundant or unnecessary? Is there anything else I can add that might make them realize they aren't going to win and encourage them to drop the case before it goes to court so I can hurry and get rid of my headache? Thanks!

 

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; B) 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 ( B) Creditor Address © Creditor account or reference number for the subject of this action (D) State all facts in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs (E) Identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs (F) 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. Identify the relationship between you and CITIBANK, NA, with regards to the legal relation with one another, revenue sharing, and contractual agreements.

 

RESPONSE:

 

13. 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:

14. 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; B) 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:

 

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

 

RESPONSE:

 

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

 

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                   , 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                 , 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:

 

 

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 provide all evidence/proof of the Defendant’s alleged debt to Plaintiff, including specifically the alleged 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 provide 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 provide 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 provide a document or 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 attach any and all notices sent to Defendant by Plaintiff in regards to the alleged account ending in **** demanding payment.

 

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

 

23. Please provide the original dunning letter that was allegedly sent to Defendant.

 

24. Please attach 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.

 

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

 

26. 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.

 

27. 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 26.

 

 

 

On another note, attached to the docs they sent me was a Verification sheet that just says, "Now comes (me), after being first duly cautioned, sworn, and deposed, and hereby states that the discovery requests attached have been answered to the best of his/her knowledge," and has places for both me and a notary public to sign. Should I attach the same kind of sheet for them to sign and have notarized? And if so, what name do I put on it? Do I put the attorney's name, or the name of company (Unifund)?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.