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Please can someone tell me how to answer these interrogatories ? I want to take it to trial all I have done this far is respond to the summons.

 

here are the interrogatories 

 

 

Demand is hereby made of Defendant (s) for Certified answers to the following Interrogatories within the time prescribed by the rules of this court .

 

Each question below requests an answer or information relating to DISCOVER BANK credit card , Account number 12345678910 , and your response should be directed therto.

 

  1. Set forth in detail each defense  which the defendant has to the above – entitled cause of action and in detail , give the factual basis for each , setting forth dates , places , names , addresses of persons present , or involved in the conversations , attach hereto copies of all writings.

 

ANS.

 

     2A) With respect to the first affirmative defense alleged by you in answer to the plantiff’s complaint, Please set forth:

 

         i.) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense

 

ANS.

 

         ii.) as to each such person , state his/her name , last known or present address , and telephone number.

 ANS.

 

         iii. ) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

 

ANS.

 

iv) “Identify” each and every “document” which supports , tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates , Attach

                   hereto a copy of each “document”

           

                ANS.

 

2  With respect to the second affirmative defense alleged by you in answer to              the plaintiff’s complaint m please set forth:

 

i) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense

 

ANS.

 

                ii.)as to each such person , state his/her name , last known or present address , and telephone number.

 ANS.

 

               iii.)State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such knowledge.

 

ANS.

 

iv) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates, Attach

                   Hereto a copy of each “document”

           

                   ANS.

 

 

2.C) With respect to the third affirmative defense alleged by you in answer to the plaintiff’s complaint m please set forth:

 

i.) “Identify” each and every person having knowledge or claiming to have knowledge regarding this defense

 

ANS.

 

                ii.)as to each such person , state his/her name , last known or present address , and telephone number.

 ANS.

 

              iii.) State specifically the facts of which such person has knowledge or claims to have knowledge and how such person came to have possession of such         knowledge.

 

ANS.

 

iv) “Identify” each and every “document” which supports, tends to support or is claimed by you to support each said defense. As to each such “document”, “identify” those facts as to which each “document” refers or relates, Attach

                   Hereto a copy of each “document”

 

              3. Do you admit that you owe the plaintiff the amount of $ 0000.00 on account number 12345678910 as set forth in the plaintiff’s complaint?

 

                 a.) If you state that you do not owe the amount set forth in the Plaintiff’s complaint , set forth the total amount that the defendant admits oweing on                         Discover Bank credit card on account number 12345678910

 

ANS.

 

b.) If your answer to this question is in the negative, state fully and in detail your reasons therefore.

 

ANS.

 

 

                   4. What , if any ,  credits , allowances or deductions do you claim to be entitled to which have not been given by the plaintiff with regard to the account which is the subject matter of plaintiff’s complaint ? In answering  this interrogatory , specify the amount of each credit , or state in detail on what you base the claim for each such credit, or state in detail on what you base the claim for each such credit , and attach copies of canceled checks and / or receipts showing proof of payment.

 

ANS.

 

                 5. Did you receive monthly , periodical statements from Discover Bank on account number 12345678910 which set forth the total balance due and owing ? Pease attach any and all statements that you have in possession pertaining to said account.

 

ANS.

 

                  6. If the defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in plaintiff’s complaint which is not elicited by the foregoing interrogatories , identify  and describe same.

 

ANS.

 

                   7.Please list all addresses at which you resided between the dates of 1/23/04 to 5/31/2013. Attach any and all documentation proving your place of residence such as copies of any electric bills , telephone bills , lease and /or mortgage agreements and a New jersey driver’s License .

 

ANS.

 

  8. Did defendant utilize a checking account in 2012 ? If yes please provide :

 

            ANS

 

  1. The name of the Bank –
  2. The account number –
  3. Any Bank statements currently in possession of defendant pertaining to same.

 

 

9. Identify all persons whom you expect to call as fact witnesses and expert witnesses at trial. As to each, state the subject matter for which they are expected to testify. As to the experts, state the substance of the findings and opinions to which the experts are expected to testify, and a summary of the grounds for each opinion.

 

 

ANS.

 

                                    CERTIFICATION

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false , I am subject to punishment.

 

I certify that the copies of the reports annexed herto rendered by proposed expert witnesses are exact copies of the entire report and / or opinions rendered by them ,

That the exsistence of other reoorts or opinions of each said experts , either written or oral , are unknown to me: and if such become later known or available , I shall serve them promptly upon the propounding party

 

_________________________

name

dated :

 

 

 

 

 

 

 

 

DISCOVER BANK (plaintiff)

VS

BLAH BLAH (defendant)

 

 

 

                                                                                              Civil Action

                                                                                    Request for admissions

 

To: Me

My address

NJ , 12345

 

Request is hereby made by the plaintiff of the defendant for the admission of genuineness of the documents and the truth of the matters hereinafter set forth , within 30 days after the service hereof upon you.

 

Each question below requests an answer or information relating to DISCOVER BANK , account number 12345678910 and your responses should be directed therto.

 

Take notice that if you fail to do so each of the matters as to which an admission is requested shall be deemed admitted , unless by the above mentioned time , you have acted or otherwise moved with regard to this request in accordance with the provisions of court rule 6:4-3

 

Do you admit that :

 

  1. You applied for credit privileges with DISCOVER BANK ?

 

ANS.

           

      2. You promised to pay for the purchases made on DISCOVER BANK account number 12345678910 ?

 

ANS.

 

     3. You were extended credit privileges under DISCOVER BANK under account number 12345678910 ?

 

ANS.

 

      4. You or persons authorized by you ,  made purchases and / or received cash advances  utilizing DISCOVER BANK account number 12345678910 ?

 

ANS.

 

       5. You received monthly statements concerning DISCOVER BANK account number 12345678910 specifying previous balance , new purchases, payments, finance charges , minimum payments and new balance ?

 

ANS.

 

   

     6.You did not contest the amounts reflected in the monthly statements within the 60 days provided by the Fair credit billing sct (15 usc 1666) ?

 

ANS

 

 

      7. DISCOVER BANK account number 12345678910 which is the subject matter     of this suit went into default for non- payment ?

 

ANS.

 

 

      8. The sum of 0000.00 due and owing on DISCOVER BANK account number 12345678910 in this complaint is accurate ?

 

ANS.

 

 

    9. You agreed to pay attorney’s fees in the event the account which is the subject matter of this suit was referred to an attorney for collection ?

 

ANS.

 

 

     10. The balance set forth in the last monthly statement sent on DISCOVER BANK account number 12345678910 before referral to collection in the amount of $ 0000.00 is , in fact , due and owing ?

 

ANS.

 

 

Date 10/13

 

                                                      Pressler & Pressler

 

 

 

 

                              Certification

 

 

I am the defendant in the above – entited matter .

 

 

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false , I am subject to punishment.

 

 

-------------------------------

Name

Dated

 

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Hi, I have gone through this process for the last year.  Here is my advice.  Go find a law library in your town, If you are being sued for under 10,000  ask for the justice court rules of civil procedure.

 

This will walk you step by step through what you need to do. Or just go to the regular library.  In this book it will detail the discovery process.  Also you can can go to the member section in here and find NJ members who have alot of posts and maybe find they have already answered these questions.

 

If you go to the pinned section and answer the questions about your case you will get more help.

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1. Who is the named plaintiff in the suit?   Discover Bank

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

3. How much are you being sued for? over 5,000.00 under 7000.00

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

5. How do you know you are being sued? (You were served, right?) received a summons from salem county court

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

7. Was the service legal as required by your state?  I dont know

Process Service Requirements by State - Summons Complaint

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? Salem county , NJ

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 12/2012

11. What is the SOL on the debt? To find out: I don't know

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) 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 am scheduled for court in DEC 2013

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? 30 days for interrogations

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NOTHING

 

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So, no evidence with the complaint? This is an OC, so it's harder to fight since they can produce original statements and such.

 

It would be helpful to see the complaint and your answer. I would also suggest taking a try at the interrogatories and admissions yourself first, post your draft response for critique. 

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This what I came up with God I Hope is is ok ,

 

Defendant's Answer to Interrogatories:

 

 

INTERRAGATORY 1: Defendant, appearing pro se, Defendant avers that she owes nothing to the Plaintiff. The remainder of the request is overbroad and non specific, as well as premature. Defendant reserves the right to amend her answer per the rules of civil procedure as information becomes available. Defendant, after a diligent search, can find no such documents or any documents purporting to establish the validity of the Plaintiff's claim.

 

INTERRAGATORY 2A: Defendant, appearing pro se.  All allegations of the Complaint are denied unless expressly admitted herein.
 

INTERRAGATORY 2B: Defendant, appearing pro se all allegations of the Complaint are denied unless expressly admitted herein.
 

INTERRAGATORY 2C: Defendant, appearing pro se, Defendant avers that she owes nothing to the Plaintiff. The remainder of the request is overbroad and non specific, as well as premature. Defendant reserves the right to amend her answer per the rules of civil procedure as information becomes available. Defendant, after a diligent search, can find no such documents or any documents purporting to establish the validity of the Plaintiff's claim.
 

INTERRAGATORY 3:  NO DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

 

INTERRAGATORY 4: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant is unaware of any such documents and therefore cannot produce said documents.

 

INTERRAGATORY 5: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant is unaware of any such documents and therefore cannot produce said documents.

 

INTERRAGATORY 6: DENIED This request calls for admission of matter defendant has denied and thus it is improper.

 

INTERRAGATORY 7 : 212 Harvey Ave , Marcus Hook , Pa 19061

                                         28 Lippincott Ave , Pennsvile , NJ 08070

 

The supporting documentation requested is irrelevant to this matter, and is privileged and confidential. Obviously the Plaintiff knows where the Defendant currently resides.

 

INTERRAGATORY 8: SOVEREIGN BANK , ACCT # 0801053641.  There is a charge levied by the bank for a copy of each statement which I am unable to pay at this time

 

INTERRAGATORY 9: Defendant, appearing pro se all allegations of the Complaint are denied unless expressly admitted herein

 

                CERTIFICATION

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false , I am subject to punishment.

 

I certify that the copies of the reports annexed herto rendered by proposed expert witnesses are exact copies of the entire report and / or opinions rendered by them ,

That the exsistence of other reoorts or opinions of each said experts , either written or oral , are unknown to me: and if such become later known or available , I shall serve them promptly upon the propounding party

 

_________________________

name

dated :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Defendant's Answer to Request for Admissions:

 

Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Admissions and Interrogatories states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

REQUEST 1: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 2: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 3: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 4 : DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 5 : DENIED This request calls for admission of matter defendant has denied and thus it is improper.

 

REQUEST 6:  DENIED This request calls for admission of matter defendant has denied and thus it is improper.

 

REQUEST 7: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 8: DENIED This request calls for admission of matter defendant has denied and thus it is improper. Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

REQUEST 9: DENIED Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

 

 

 

 

REQUEST 10 : DENIED Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. This request calls for admission of matter defendant has denied and thus it is improper.

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Orginal complaint / summons had 3 questions was filed on 8/2013

 

 

1. Plantiff is current owner of defendants discover bank account ending in last 4 digits 1234 which is in default

2. The last 3 digits of the social security number of the defendant Jane Doe , are 123.

3. The plantiff is seeking from the defendant on the above account the sum of 0000.00

 

Whereof , plantiff demands judgment for the sum of 0000.00 plus costs

 

I certify that the matter in controversey is not the subject of any other , court action or arbitration proceeding , now pending or contemplated and that no other parties should be joined in this action.

 

                                                                                  signed by lawyer

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Defendant's Answer to Complaint:

 

Allegation 1: Deny. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained in paragraph 1, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof.

Allegation 2: Admit

Allegation 3: Denied: This request calls for admission of matter defendant has denied and thus it is improper.
  
FUTHERMORE, Defendant DENIES every other allegation not previously admitted, denied or controverted.

AS AND FOR AFFIRMATIVE DEFENSES

1. While admitting no liability, the Defendant pleads the Plaintiff's complaint fails to state a claim as the Plaintiff has failed to provide prima facie evidence they have standing to bring this action.  

 

2. The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in your contract, and lawfully charged. Defendant also insists that the plaintiff come up with the signed contract, account statements and purchase receipts to prove the amount of the debt.

 

3. Plaintiff fails to state a cause of action against the defendant.

 

WHEREFORE, the defendant asks the Court for judgment:

a. dismissing the complaint herein with prejudice.

 

I certify that the matter in controversy is not the subject of any other court action

Arbitration proceeding, now pending or contemplated and that no other parties should be joined in this action

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would be more vague for answer #2

 

Objection this allegation is vague, ambiguous, and improper. The allegation is improper in form  and will overly violate privileged and protected information and is being harassing in nature. Based upon the foregoing, defendant denies the allegation and moves to strike the allegation or the entire complaint as being overly vague, ambiguous, and not in proper form.

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