DJH715

HELP! Answering Interoggatories and want to send my own Discovery - what do I need to ask/answer?

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Plaintiff's First Discovery Request to Defendant

 

Now into Court, through undersigned counsel, comes Plaintiff, Precision Recovery Analytics, Inc., who requests that Defendant respond to the following discovery requests within the time allowed under the Code or Rules of Civil Procedure.  These discovery requests are continuing and Plaintiff requests that Defendant supplement and amend the responses if further information is obtained.

 

Then Definitions are spelled out

 

Interrogatories:

 

1. State your name, address, date of birth, place of employment and Social Security number.  If you object to this interrogatory or any portion of the interrogatory, please state the specific details of your objection, and respond fully to any portion of the interrogatory to which you do not object. (This line is repeated in every question asked so I won't add to each of the following)

 

2. Please state your spouse's name, address, date of birth, place of employment, and social security number.

 

3. Please state whether you opened, or authorized to be opened, the GE Money Bank Walmart Credit Card  account which is the subject of this lawsuit.

 

4. Please state whether you made charges, or authorized any charges to be made on the GE Money Bank Walmart Credit card account, which is the subject of this lawsuit.

 

5. Please identify every payment made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit.

 

6. If you assert that the balance sued upon is incorrect, state the amount you calculate is due, and state the facts that form the basis of your assertion.  Further, provide your calculations in your response.

 

7. Please identify every bank account utilized by you to pay our personal bills from November 11, 2007 to the date of your response to these discovery requests.

 

8. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses, or basis of dismissal, please state the facts that form the basis of each Exception, Affirmative Defense, or basis of dismissal.

 

9. Please identify any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit.

 

10. Please identify any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit.

 

11. Please identify every dispute you have made on the account, which is the subject of this lawsuit.  Specify the date you became aware of the issue you are disputing, the reason for your dispute, the amount disputed, how you made the dispute, the date which you made the dispute, the outcome of the dispute, and the amount of any credit you claim is due.

 

12. Please identify any and all evidence that you intend to utilize and/or introduce into evidence at trial.

 

13. Please identify and and all witnesses you intend to call at trial or at any hearing in this matter.  Describe the indended testimony for each.

 

Request for Documentation:

 

1. Please produce any and all documentation evidencing the existence of the GE Money Bank Walmard Credit Card account, which is the subject of this lawsuit, including but not limited to the application, terms and conditions, amendments, card member agreements, statements, communications, letters of dispute, privacy notices, credit reports, financial statements, credit applicationis, and any other item that proves or disproves the account's existence and balance due.

 

2. Please produce any and all sales receipts or similar records evidencing charges on and/or credits made to the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit.

 

3. Please produce any and all evidence of payments made to or on the GE Money Bank Walmart Credit Card account, which is the subject of this lawsuit, but not limited to, bank statements, bank account registers, cancelled checks, money order receipts, and any other forms of payment or evidence thereof.

 

4. Please produce any evidence demonstrating that the amount you claim is due is correct, and/or that the balance sued upon is correct.

 

5. Please produce a copy of all statements, account registers, and copies of cancelled checks for the bank accounts identified in you answer to Interrogatory #7, with the time frame identified in Interrogatory #7.

 

6. if you have asserted, or are going to assert any Exceptions, Affirmative Defenses or basis of dismissal, please produce any and all documents that form the basis of each Exception, Affirmative Defense, or basis of dismissal.

 

7. Please produce any and all communications (as defined above) made by you to GE Money Bank or any other person or entity regarding the Walmart Credit Card account which is the subject of this lawsuit.

 

8. Please produce any and all communications (as defined above) to you from GE Money Bank or any other person or entity regarding the Walmart Credit Card account, which is the subject of this lawsuit.

 

9. Please produce any and all documents evidencing every dispute you have made on the account, which is the subject of this lawsuit, and that forms the basis of any statement you made in your response to Interrogatory #11.

 

10. Please produce any and all documents you intend to utilize at and/or introduce into evidence at trial.

 

11. Please produce any and all documents which assisted you in answering the Interrogatories in this matter.

 

I have a real problem giving these people my private information especially where I work, date of birth and Social Security # along with my wifes name and private information.  They have not obtained a Judgment yet but want this information.  Do I have to supply this information?

 

Also I find it funny that they are asking for me to tell them and give them proof of any debt with GE Money Bank Walmart Card and that is not who is suing me.  I don't have any of the documentation they are requesting.

 

The only documentation I do have is a copy of two DV letters I sent back in 2010 when I first received a colleciton letter from this company.  They did not respond to my questions of proving the debt back then only stated that the debit was for GE Money Bank Walmart.  No other information or documentation and then I receive a lawsuit right after my DV letter.

 

I would like to know if once they filed suit against me back in 2010 if collection efforts on their part needed to cease.  They have sent me letters trying to collect the debt for the past 2 1/2 years and I have kept these letters.  They have been calling via computer for the past 2 1/2 years also.  Can they do this?

 

I appreciate all the help anyone can give on how to anwser these Interrogatories and Document requests in the proper manner.

 

Do I need to send the answers back by Certified Mail along with my request for Discovery so that I can document that I answered in a timely fashion?

 

 

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Much of what is being asked of you is objectionable. Compare each request to your rules of civil procedure dealing with interrogatories and requests for production. If you don't feel the request is within the scope of the rules, object accordingly. State why you believe the request is beyond the scope of your discovery rules. With respect to documents requests, if you are not in possession, custody or control of the requested documents, then simply state you have no documents responsive to the request.

 

http://www.legis.state.la.us/lss/lss.asp?folder=68

 

With respect to sending the responses to plaintiff's counsel, do it in a way that makes it less likely they'll claim they never received anything from you. Make sure to send them back on or before the due date.

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Thanks Nascar for your response and link.  I think I have 30 days to answer since I am the defendant and not just a party.  That's if I'm reading Article 1458 correctly.  I will use the date of the letter as a safe guard and not the date I received it.  The discovery did come by regular u.s. mail non certified. 

 

I'm just trying to figure out how to word my objection to giving them my social security number, date of birth, employment information, spouse's same info and bank information.  I feel this is priviledged information since they have not proven they even own this debt and I have to contract with them.  Also if I did have a contract with them they would have already had this information on file.

 

If the court rules in their favor and they obtain a Judgment then I will be compelled to give them this information but not before.  Am I correct in this assumption?

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If the court rules in their favor and they obtain a Judgment then I will be compelled to give them this information but not before.  Am I correct in this assumption?

 

Yes, exactly. 

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Thanks Spikey I thought so.

 

Now I just need to figure out the wording when I answer those questions on the Discovery.

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@DJH715 It would be good if you kept all your questions and info regarding your case in your main thread, so people would have a snapshot of what was going on in your case, and other directions people have given.  :)

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Thanks Spikey I thought so.

 

Now I just need to figure out the wording when I answer those questions on the Discovery.

 

A lot of it will be repetitive answers. Like for your production of document answers: After a diligent and thorough search, the Defendant does not have the requested document(s). 

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