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Interrogatory Answers and Requests for Documents Review Please


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Any and all advice welcomed!

 

Can someone take a look at the following list of Interrogatories and Requests for Documents Answers that I have for the following:  

Interrogatory No. 1:  Identify the individuals answering this Discovery by stating the full legal name, address, telephone number, and business relationship to the Defendant of each such individual, and anyone aiding in the preparation of the answers.

 

Answer:  My Name, and Address, and Phone Number. none.

 

Interrogatory No. 2: Please state your name, address, home telephone number, cell phone number and social security number.

 

Answer: My Name, and Address, and Phone Number. Objection to social security number, on the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information is not calculated to lead to the discovery of admissible evidence, Information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant.

 

Interrogatory No. 3: Please state the name, address, and telephone number of your employer, your job or position with your employer and the length of time you have been employed by your employer.

 

Answer: Objection on the grounds that it is personal, confidential and private.  This Interrogatory seeks information that is not relevant to any issue in this action. Information is not calculated to lead to the discovery of admissible evidence. Information not relevant to any subject matter of this action and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant.

 

 

Interrogatory No. 4: Please state the name address, and telephone number of each witness you will call at trial and the substance of the testimony each such witness is expected to give.

 

Answer: Defendant has no witnesses at this time, but reserves the right to call witnesses pending completion of discovery.

 

Interrogatory No. 5: Please list and describe every defense, whether factual or legal, which you may use at trial.

 

Answer:

 

Interrogatory No. 6: Please list each and every document, photograph, exhibit, or other tangible piece of evidence which you may use at trial.

 

Answer: Defendant objects to this Interrogatory on the grounds that it is seeking information that is prematurely given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving Defendant’s objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have further facts in this action, and will supply such facts to Plaintiff through discovery. Defendant reserves the right to update this response to this interrogatory at a later date when more information is received

 

Request for Production No. 1: Produce each and every document, photograph, exhibit, or other tangible piece of evidence which you may use at trial.

 

Answer:  Defendant objects to document request on the grounds that it is seeking information that is prematurely given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving Defendant’s objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have further facts based upon his affirmative defenses in this action, and will supply such facts to Plaintiff through discovery. Defendant reserves the right to update this response to this request at a later date when more information is received. 

 

Interrogatory No. 7: If you contend that you do not owe the debt described in the petition filed in this lawsuit, please state specifically why.

 

Answer: Objection, Assumes facts not in evidence.  Plaintiff did not attach to its complaint any documentation establishing the existence of an account and that any such account is allegedly owed by Defendant. The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Interrogatory No. 8: Did you make payments on the Account? If you did make payments on the Account, please explain why you made payments on the Account if an agreement did not exist with the original creditor or if you contend that you are not legally responsible for the Account.

 

Answer: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable him to provide a response

 

Interrogatory No. 9: Please explain why you did not pay the balance due on the account.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Interrogatory No. 10: Please identify each and every communication (whether written or oral) you had directly with the Plaintiff in regard to the Account, including the names and person communicated to or from: the date of the communications: whether the communication was by telephone, email or letter; and the substance of each communication.

 

Answer: After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable him to provide a response, Defendant is unaware of communications.

 

 

Request for Production No. 2: Produce each and every document or other tangible piece of evidence that references, documents or was a part of each communication described in your response to the preceding Interrogatory

 

Answer: Objection. Defendant objects as the Plaintiff’s request for documents assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  Defendant is unaware of any communications.

 

Interrogatory No. 11: Please state the date and amount of each payment you alleged to have been made on the Account.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request

 

 

Request for Production No. 3: Produce each and every check, receipt, document or other tangible piece of evidence that evidences each payment described in your response in the preceding Interrogatory.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents, checks, or receipts in her possession to provide.

 

Interrogatory No. 12: If you claim that no agreement exists between you and the original account issuer as stated in the petition filed herein for the payment of the Account, please identify all facts and documents that support such claim.

 

Answer: Objection, Assumes facts not in evidence.  Plaintiff did not attach to its complaint any documentation establishing the existence of an account and that any such account is allegedly owed by Defendant.  In addition, no original account number to the alleged account has been provided by Plaintiff either in their complaint or by documentation. The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Request for Production No. 4: Produce each and every document or other tangible piece of evidence that is a part of, references, documents or supports each fact or document described in your response to the preceding Interrogatory.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents in her possession to provide.

 

Interrogatory No. 13: Did you apply for the Account? If you did apply for the Account, describe how you applied for the account (i.e. by phone, internet or by written application).

 

Answer: Objection, Assumes facts not in evidence.  Plaintiff did not attach to its complaint any documentation establishing the existence of an account and that any such account is allegedly owed by Defendant.  In addition, no original account number to the alleged account has been provided by Plaintiff either in their complaint or by documentation. The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

Interrogatory No. 14: Did you receive the Card? If you did receive the Card, describe all of the contents in the mailing in which you received the Card?

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the Card has not yet been proven, and Defendant has no recollection of the alleged card. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Request for Production No. 5: Produce each and every document or other tangible piece of evidence that was part of the mailing in which you received the Card. If you are not able to produce a copy explain why you cannot.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is a card being sued upon where no card has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents in her possession to provide.

 

Interrogatory No. 15: If you deny receiving the Card, state the name, address, home telephone number, cell phone number of each person you believe may have received the Card. In addition, state all facts that cause you to believe each such person may have received the Card.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged card has not yet been proven, and Defendant has no recollection of the card. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

Interrogatory No. 16: Did you sign the back of the Card?

 

Answer: Objection, Assumes facts not in evidence.  Plaintiff did not attach to its complaint any documentation establishing the existence of a card and that any such card is allegedly owed by Defendant. The existence and validity of the card has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

Interrogatory No. 17:  Did you use the Card to make purchases of goods or services? If you did use the Card to make purchases of goods or services describe the types of goods or services you used the Card to obtain and identify as many specific merchants or providers of goods or services as you can identify or recall from whom you used the Card to obtain goods or services.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged card has not yet been proven, and Defendant has no recollection of the alleged card. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

Request for Production No. 6: Produce each and every document or other tangible piece of evidence that evidences your purchases described in your response to the preceding Interrogatory.   If you are not able to produce a copy explain why you cannot.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is a card where no card has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents in his possession to provide.

 

 

Interrogatory No. 18: Did you use the Card or the Account to obtain cash advances or other extensions of credit? If so, state the dates and amounts of all cash advances or other extensions of credit you obtained with the Card or against the Account.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged card has not yet been proven, and Defendant has no recollection of the alleged card. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Request for Production No. 7:  Produce each and every document or other tangible piece of evidence that evidences the cash advances or other extensions of credit described in your response to the preceding Interrogatory.  If you are not able to produce copies, explain why you cannot.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is a card or account where no card or account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents in his possession to provide.

 

Interrogatory No. 19: Did you transfer balances you owed on other credit cards or other credit accounts to the Account? If so, state the dates and amounts of each balance you transferred to the Account and identify the creditor who received each amount that was transferred.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

Interrogatory No. 20: Did you receive monthly statements related to the Account? If you did receive monthly statements related to the Account, did you review the monthly statements?

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Defendant has no recollection of monthly statements. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Request for Production No. 8:  Produce each and every monthly statement described in your response to the preceding Interrogatory. If you are not able to produce copies, explain why you cannot.

 

Answer: Defendant objects as the Plaintiff’s request for monthly statements assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents in his possession to provide.

 

Interrogatory No. 21: Did you communicate to the issuer of the Card or anyone servicing the Account for the issuer any disputes regarding any charges shown on any of the monthly statements you received related to the Account? If so, identify the date, manner of communication and substance of each such dispute.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged card has not yet been proven, and Defendant has no recollection of the alleged card. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

 

Request for Production No. 9:  Produce each and every document or other tangible piece of evidence that evidences each communication described to the preceding Interrogatory. If you are not able to produce copies, explain why you cannot.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents in his possession to provide.

 

Request for Production No. 10:  Produce any documents or other tangible evidence that would support any defense you may assert in this lawsuit.

 

Answer: Defendant and Plaintiff are still in the midst of Discovery. Defendant at this time has no documents to utilize or introduce into evidence, but may have documents at the completion of discovery. Defendant reserves the right to update this document request when and if any documents become available.

 

Request for Production No. 11:  Produce any documents you or your attorney received from the Plaintiff regarding the Account.

 

Answer: Defendant is Pro Se, therefore, not represented by an attorney.

 

Request for Production No. 12:  Produce any documents you or your attorney sent to the Plaintiff regarding the Account.

 

Answer:

 

Request for Production No. 13:  Produce all documents you believe would support any claim you have against the Plaintiff.

 

Answer:

 

Request for Production No. 14:  Produce each document or piece of tangible evidence that you believe supports any defense you may assert in this lawsuit. (same as 10)

 

Answer:

 

Request for Production No. 15:  Produce all correspondence received by you from the Plaintiff related to the Account. (same as 11)

 

Answer:

 

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Interrogatory No. 5: Please list and describe every defense, whether factual or legal, which you may use at trial.

 

State the defenses you listed in your answer. Followed by, Defendant reserves the right to update this response to this interrogatory at a later date when more information is received

 

Object to the duplicate requests and refer them to your previous answer.

 

#13 is only applicable if you have counter-claims, otherwise you have nothing to provide.

 

#12 Unless you sent them any documentation, you haven't sent any.

 

Looks good otherwise, you've done your research that's for sure.

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Thanks for the feedback Spikey.

 

So for these I answered:

 

Request for Production No. 12:  Produce any documents you or your attorney sent to the Plaintiff regarding the Account.

Answer: Defendant and Plaintiff are still in the midst of Discovery. Plaintiff has in its possession all documents that the Defendant has sent to them during the Discovery process. Defendant may have documents at the completion of discovery. Defendant reserves the right to update this document request when and if any documents become available.

 

Request for Production No. 13:  Produce all documents you believe would support any claim you have against the Plaintiff.

Answer: At this time, Defendant has no claim against the Plaintiff.

 

Request for Production No. 14:  Produce each document or piece of tangible evidence that you believe supports any defense you may assert in this lawsuit.

Answer: Objection, duplicate request. See Request for Production No. 10.

 

Request for Production No. 15:  Produce all correspondence received by you from the Plaintiff related to the Account.

Answer: Objection, duplicate request. See Request for Production No. 11.

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Okay, so now I'm looking at Interrogatory No. 5: Please list and describe every defense, whether factual or legal, which you may use at trial.

 

It's pretty lengthy, so I'm not sure if I want to put all of this into the answer for  Interrogatory No. 5: 

 

But, here is what I put in my Answer and Affirmative Defenses document:

 

II. AFFIRMATIVE DEFENSES

Defendants other defenses are:

 

1.       Plaintiff’s complaint is time-barred by the applicable Statute of Limitations on credit card debt in the state of Oklahoma.

2.       Defendant claims Lack of Privity as Defendant has never applied nor entered into any contractual, written, oral or implied credit arrangements with the Plaintiff.

3.       Plaintiff’s Complaint violates the Statute of Frauds as the alleged agreement or contract rests within a class of contracts or agreements that are required to be in writing. Plaintiff has failed to produce such documentation to support their allegation.

4.       Plaintiff is not the real party of interest. Plaintiff has not provided a bill of sale or a valid assignment of debt to prove ownership of alleged debt.

5.       Plaintiff is barred under the Fair Debt Collection Practices Act from collecting attorney fees, interest, penalties and other assorted collection fees, and any amount not specifically provided for by alleged agreement that Plaintiff has not provided.

6.       Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted a form of payment or credit from Plaintiff for the alleged debt.

7.       Plaintiff’s damages are limited to actual or real damages only. Plaintiff voluntarily made an assumption of risk and is not entitled to judgment. Plaintiff’s damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the alleged debt.

8.       The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of Oklahoma, solicit the right to collect or receive payment of a claim of another.

9.       The Complaint fails to allege or prove that the Plaintiff is licensed and has procured bond in the State of Oklahoma as required.

10.   Defendant reserves the right to plead other affirmative defenses that may become applicable at a later date.

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Your answers look good

 

Interrogatory No. 5: Please list and describe every defense, whether factual or legal, which you may use at trial.

Answer: Defendant objects to this interrogatory on the grounds that it is overly broad, vague and ambiguous, failing in its entirety to identify with specificity the exact type of information requested and further attempts to force Defendant to marshal its evidence.

 

 Request for Production No. 13:  Produce all documents you believe would support any claim you have against the Plaintiff.

Response:Defendant has conducted a diligent search and reasonable inquiry and is currently unable to comply with this demand because such documents have never been in the possession, custody, or control of the Responding Party.

 

 

 

 

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Interrogatory No. 9: Please explain why you did not pay the balance due on the account.

 

Answer: Objection, Assumes facts not in evidence.  The existence and validity of the alleged account has not yet been proven, and Defendant has no recollection of the alleged account. Without waiving Objection, The information known or readily obtainable by the Defendant is insufficient to enable a response to this request.

 

Very good.  You objected based upon the fact that their request assumes the account is valid.

 

Request for Production No. 3: Produce each and every check, receipt, document or other tangible piece of evidence that evidences each payment described in your response in the preceding Interrogatory.

 

Answer: Defendant objects as the Plaintiff’s request for documents assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or its attorneys.  It is burdensome to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.  Without waiving objection, Defendant cannot provide what is requested, and has no documents, checks, or receipts in her possession to provide.

It's not just that the account hasn't been identified.  Even if they had provided an account number, you would still object because an account number doesn't prove that the account is yours or that the balance is correct.

I would include that "The existence and validity of the alleged account has not yet been proven."

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