pampamk

In need of some direction, served, answered, received interrogatories

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I will help you on these if you don't have them done in a couple of days, I've been on a work stretch, I'm off sat.

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I will help you on these if you don't have them done in a couple of days, I've been on a work stretch, I'm off sat.

Thank you! Sat will work better for me also. I have to work, but then I can work on this on Sunday and have it ready to send out on Monday.... Thanks again...

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@shellieh98  I was reading through other posts and came across one where you had helped with answers to the rogs and attached a long list of demands for documents to choose from. Would it be okay if changed as needed and used for myself? I can't download the attachment, I don't have the converter needed (or something like that). I would love to read your list, any suggestions? I have Word but evidently not the same version as yours.... I guess?

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I answered you in PM. :)

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UGH! I know my time is wearing thin.... I need to get these answers sent off, but I am unsure of many of them. Any help would be greatly appreciated. You will see (hopefully) my answers thus far, I just really don't know if I should continue with the same or if there are better answers for some....

 


IN THE DISTRICT COURT OF A COUNTY, KANSAS

PORTFOLIO RECOVERY ASSOCIATES LLC,                                            Plaintiff,

                     vs.                                                                               case No.  XXXXXX

MY NAME HERE     ,                                                                                     Defendant,
(Pursuant to K.S.A. Chapter 61)



DEFENDANT’S ANSWERS TO PLAINTIFF’S FIRST COMBINED INTERROGATORIES AND REQUEST FOR ADMISSIONS PROPOUNDED TO DEFENDANT BY PLAINTIFF



 INTERROGATORIES
1.        Please provide the following information:

(a)      Full legal name and date of birth;
(B)      Social security number;
©      Current address, e-mail address, and telephone number;
(d)      Current place of employment, including address, and telephone number
of employer; and
 (e)      Driver's License number and State issued from.
ANSWER:

My name and address here.  Objection to employment and 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..


2.       Please state whether or not you have ever had a Capital One Bank, N.A. credit card with an account #xxxx xxxx xxxx XXXX, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A".
ANSWER:

After a reasonable inquiry, the information known or readily obtainable by Defendant is insufficient to enable her to provide a response.



3.        Please reply with either a "yes" or "no" answer as to whether or not you have made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx XXXX. which is the subject of this litigation.
ANSWER:

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



4.         Please reply with either a "yes" or "no" answer as to whether or not you have made any payments on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx XXXX, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A".
ANSWER:


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




5.        Please reply with either a "yes" or "no" answer as to whether or not you made at least your minimum monthly payment every month as required on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx XXXX, which is the subject of this litigation.
ANSWER:

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



6.         If you deny Request for Admissions No. 2 below, please state the amount you contend the balance should be on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx XXXX, which is the subject of this litigation.
ANSWER:

Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge possession, custody or control of the defendant.  Additionally, the request is premature as it requests the defendant prior to the completion of discovery to answer if the amount is correct.  The plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files.  Without waiving the Defendant’s objection, the defendant does not know if the amount on the alleged account he is being sued upon is correct because the defendant has not been provided with any evidence by the plaintiff to prove such amount is correct.



7.        Please state the basis of your dispute of this claim?













8.        Please respond with either a "yes" or "no" that you acknowledge that a letter of explanation addressed to you accompanied this discovery which set forth the entire credit card account number, which is the subject of this litigation.
ANSWER:

Yes



9.      Please reply with either a "yes" or "no" answer as to whether or not the last payment you made on your Capital One Bank, N.A. credit card acct #xxxx xxxx xxxx XXXX, which is the subject of this litigation, was in the amount of $00.00 on 07/15/2010, as evidenced by the statement dated Jun. 19 - Jul. 18, 2010, attached and marked as Exhibit "A".
ANSWER:


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




10.        Please reply with either a "yes" or "no" answer as to whether or not you made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx XXXX, which is the subject of this litigation, as evidenced by the statements, attached and marked as Exhibit “A”.
ANSWER:


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


DEFENDANT’S ANSWERS TO PLAINTIFF’S REQUEST FOR ADMISSIONS

REQUEST NO. 1
Admit that you currently have or have had in the past a Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx XXXX, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A". If you deny, please state your reasons.
ANSWER:

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




REQUEST NO. 2
Admit that you owe the sum of $0000.00 for your Capital One Bank, N.A. credit card debt incurred by you for account #xxxx xxxx xxxx XXXX, as evidenced by the load data information sheet attached to the Bill of Sale, a copy of which is attached and marked as Exhibit "B". If you deny, please state your reasons
ANSWER:







REQUEST NO. 3


Admit that you have not paid the balance due and owing in the amount of $0000.00 on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx XXXX, which is the subject of this litigation, to either Capital One Bank, N.A. or plaintiff. If you deny, please state your reasons.
ANSWER:




REQUEST NO. 4
Admit that pursuant to the Bill of Sale and Assignment of Assets and Affidavit of Sale of Account By Original Creditor, a copy of which is attached and marked as Exhibit "B", Capital One Bank, N.A. sold, assigned and conveyed your account to plaintiff, which is the subject of this litigation. If you deny, please state your reasons.
ANSWER:


REQUEST NO. 5
Admit that you understood from the time your Capital One Bank, N.A. credit card account was opened that you were required and obligated to repay all loans represented as charges, balance transfers and/or cash advances you incurred on said credit card account pursuant to the cardmember agreement, which accompanied the credit card. If you deny, please state your reasons.
ANSWER:



REQUEST NO. 6
Admit that because you used your Capital One Bank, N.A. credit card you could be subject to and responsible to pay finance charges (interest), over the limit and/or late charges under certain circumstances as stated in your cardmember agreement and monthly statements (Exhibit "A"). If you deny, please state your reasons.
ANSWER:





REQUEST NO. 7
Admit that you currently reside at or had an address in the past of My address here as listed on the statements attached and marked as Exhibit "A" If you deny, please state your reasons.
ANSWER:

 

 

 

 

REQUEST NO. 8
Admit that the last payment you made on your Capital One Bank, N.A. credit card, account # xxxx xxxx xxxx xxxx, which is the subject of this litigation, was on or about 07/15/2010, in the amount of $00.00, as evidenced by the statement dated Jun. 19 - Jul. 18: 2010, a copy of which is attached and marked as Exhibit "A". If you deny, please state your reasons.
ANSWER:

 

 

 

 

 

REQUEST NO. 9
Admit that you used or authorized the use of your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation. If you deny, please state your reasons.
ANSWER:







REQUEST NO. 10
Admit that you made charges on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, as evidenced by the statements, a copy of which is attached and marked as Exhibit "A". If you deny, please state your reasons.
ANSWER:

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I would try to answer as many of them as possible rather than say you can't provide a response. I would want to have a bunch of "NO" and "DENY" in there if it were mine. You are giving them plenty of reason to file a motion to compel the answers.

 

"After diligent inquiry no information is known or readily available to defendant and therefore the  response is NO"  

 

"After diligent inquiry no information is known readily available to defendant and therefore the response is DENY"

 

Request #3 (as well as a few others):   OBJECTION. Calls for legal conclusion.

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@pampamk

 

I assume you denied that the account is yours?   Have they provided any credit card statements that show payments by you?

 

The reason I'm asking is because of their many references to "your" Capital One Bank credit card.

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@pampamk

 

I assume you denied that the account is yours?   Have they provided any credit card statements that show payments by you?

 

The reason I'm asking is because of their many references to "your" Capital One Bank credit card.

@BV80  In my answer I stated I specifically deny all allegations contained in Plaintiff's petition paragraphs 1 & 2.  Should I not have done that? Yes, they sent went the rogs, statements dated from Jun 2010 until Jan 2011.

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I would try to answer as many of them as possible rather than say you can't provide a response. I would want to have a bunch of "NO" and "DENY" in there if it were mine. You are giving them plenty of reason to file a motion to compel the answers.

 

"After diligent inquiry no information is known or readily available to defendant and therefore the  response is NO"  

 

"After diligent inquiry no information is known readily available to defendant and therefore the response is DENY"

 

Request #3 (as well as a few others):   OBJECTION. Calls for legal conclusion.

@ Anon Amos   as I was answering, or trying to, I had a feeling I shouldn't just repeat that same answer over and over, but I wasn't sure how to answer. I see what you are saying with your answers. So, using the answers you posted, it is okay to repeat them?

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@ Anon Amos   as I was answering, or trying to, I had a feeling I shouldn't just repeat that same answer over and over, but I wasn't sure how to answer. I see what you are saying with your answers. So, using the answers you posted, it is okay to repeat them?

 

That's standard operating procedure. Just give it a go, post your answers. It's much easier to help you that way.

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@pampamk

 

 Law is very repetitive, not too much new happening with it, there's not a lot of "pioneering" going on. The main thing with discovery is to not admit anything and to produce nothing (IMHO). However it does need to mirror what you said in your answer. You told BV80 that you denied all allegations in paragraph 1 & 2 , I have not seen it; but that does bring up some concern (if it has you admitting to allegations, I don't know). In any event, you can read their discovery to you and see that "deny" and "no" are going to need to be plentiful or you can lose the case. If you did make a mistake on your answer then you can probably file an "amended answer".

 

Discovery answers are repetitive, but watch out for trick questions.

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@pampamk

 

Your answer was fine.

 

The reason I asked was because in the rogs and admissions, they kept referring to "your" Capital One account.  If you have not sent in your responses yet, I'd object to that reference.  You have not admitted liability for the account in question, nor has it been proven that the account is owed by you.

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That's why I said "OBJECTION: calls for legal conclusion"

 

Then you may go on to say "without waiving the right to the objection, defendants answer is DENY"  or whatever happens to fit.

 

If your answer is good then don't sweat it, I don't want to cause any confusion with my concern over it, as I had not seen it.

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@Anon Amos

 

Fine.  She responded to me and I answered.  I merely explained to her what I was referring to and the specific reason for the objection.

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@BV80

 

That was not an attack on you, I don't want you to take it the wrong way. My post was geared to her, and was merely elaborating on the "legal conclusion" aspect of it. I actually agree with your post, which is refreshing.

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I am working on my answers now, plan on posting them when I get done, any and all sugestions, input would be most appreciated. I do not want to shoot myself in the foot....

 

My question for now is what difference in my defense will it make that they did provide billing statements? I did read over @BTO429 answer in post #41 and @BV80 in post #42, and am taking that into account, but just have this little flicker in the back of my mind I need to know more, just in case...

 

also, why is my @ not recognizing whomever I am @Ing.

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Well, I see it did @ one of the two...  so let me try a third.

 

@Anon Amos 

 

You had mentioned not knowing what I said in my answer to the court. The petition and my answer are in post #6 if you are interested...

 

HA, ignore my @ question, I realized my problem, corrected, and it worked. Sorry...

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So here are my answers for the rogs, what do you think? I am planning on sending them out tomorrow.

DEFENDANT’S ANSWERS TO PLAINTIFF’S FIRST COMBINED INTERROGATORIES AND REQUEST FOR ADMISSIONS PROPOUNDED TO DEFENDANT BY PLAINTIFF.

INTERROGATORIES

     1.     Please provide the following information:
             (a)       Full legal name and date of birth;
             (B)       Social security number;
             ©       Current address, e-mail address, and telephone number;            
             (d)       Current place of employment, including address, and telephone number
                         of employer; and;
              (e)       Driver’s License number and State issued from.

     ANSWER: My name and address here.   Objection to date of birth, social security number, e-mail address, telephone number, employment and drivers license. 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..


     2.      Please state whether or not you have ever had a Capital One Bank, N.A. credit card with an account #xxxx xxxx xxxx xxxx, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A".

 ANSWER: After diligent inquiry no information is known or readily available to defendant. Therefore, the response is No.


3.     Please reply with either a “yes” or “no” answer as to whether or not you have made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation.

ANSWER: Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant.


4.     Please reply with either a “yes” or “no” answer as to whether or not you have made any payments on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit “A”.

ANSWER: Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant.


5.     Please reply with either a “yes” or “no” answer as to whether or not you made at least your minimum monthly payment every month as required on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, which is the subject of this litigation.

ANSWER: Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant.


6.     If you deny Request for Admissions No. 2 below, please state the amount you contend the balance should be on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation.

ANSWER: Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant. Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant.  Additionally, the request is premature as it requests the Defendant prior to the completion of discovery to answer if the amount is correct.  The Plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files.  Without waiving the Defendant’s objection, the Defendant does not know if the amount on the alleged account she is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.


7.     Please state the basis of your dispute of this claim?

ANSWER: Plaintiff has not proved legal standing to sue Defendant in this case.  Plaintiff has not provided any evidence to Defendant proving the account in question is owned by Defendant. The Defendant upon completion of discovery with the Plaintiff, will most definitely have further facts based upon her 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.
  
    
8.     Please respond with either a “yes” or “no” that you acknowledge that a letter of explanation addressed to you accompanied this discovery which set forth the entire credit card account number, which is the subject of this litigation.

ANSWER: A letter accompanied this discovery which set forth the entire credit card account number with reference to Supreme Court Rule 123(B) as to why only the last four digits are used throughout discovery. If this is the “explanation” Plaintiff is referring to then the answer is yes. If Plaintiff is eluding to any other “explanation” then the answer in No.


9.     Please respond with a “yes” or “no” answer as to whether or not the last payment you made on your Capital One Bank, N.A. credit card acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation, was in the amount of $xx.00 on 07/15/2010, as evidenced by the statement dated Jun. 10 - Jul. 18, 2010, attached and marked as Exhibit “A”.

ANSWER:  Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant.



10.     Please reply with either a “yes” or “no” answer as to whether or not you made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this ligation, as evidenced by the statements, attached and marked as Exhibit “A”.

ANSWER:  Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant.

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Here are my answers for request for admissions, what do you think?

 

 

Defendant’s answers to Plaintiff’s Requests for Admissions

 

REQUEST FOR ADMISSIONS

REQUEST NO. 1

Admit that you currently have or have had in the past a Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A". If you deny, please state your reasons.

ANSWER:   After diligent inquiry no information is known or readily available to Defendant.  Plaintiff has not proven account is owned by Defendant, nor has Defendant admitted liability for the account. Therefore Defendant must deny.

 

REQUEST NO. 2

Admit that you owe the sum of $xxxx.xx for your Capital One Bank, N.A. credit card debt incurred by you for account #xxxx xxxx xxxx xxxx, as evidenced by the load data information sheet attached to the Bill of Sale, a copy of which is attached and marked as Exhibit "B". If you deny, please state your reasons

ANSWER:    Objection to “yourcalls for legal conclusion.  After diligent inquiry no information is known or readily available to Defendant.  Plaintiff has not proven account is owned by Defendant, nor has Defendant admitted liability for the account. Therefore Defendant must deny.

 

 

REQUEST NO. 3

Admit that you have not paid the balance due and owing in the amount of $xxxx.xx on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, which is the subject of this litigation, to either Capital One Bank, N.A. or plaintiff. If you deny, please state your reasons.

ANSWER:      Objection to “yourcalls for legal conclusion.  After diligent inquiry no information is known or readily available to Defendant.  Plaintiff has not proven account is owned by Defendant, nor has Defendant admitted liability for the account. Therefore Defendant must deny.

REQUEST NO. 4

Admit that pursuant to the Bill of Sale and Assignment of Assets and Affidavit of Sale of Account By Original Creditor, a copy of which is attached and marked as Exhibit "B", Capital One Bank, N.A. sold, assigned and conveyed your account to plaintiff, which is the subject of this litigation. If you deny, please state your reasons.

ANSWER:    The afore mentioned Bill of Sale  and Assignment of Assets and Affidavit of Sale of Account by Original Creditor  makes not mention of any specific account number or specific account holder name.  Therefore, Defendant must deny.

 

REQUEST NO. 5

Admit that you understood from the time your Capital One Bank, N.A. credit card account was opened that you were required and obligated to repay all loans represented as charges, balance transfers and/or cash advances you incurred on said credit card account pursuant to the cardmember agreement, which accompanied the credit card. If you deny, please state your reasons.

ANSWER:   Objection to “yourcalls for legal conclusion. Plaintiff has not proven account is owned by Defendant, nor has Defendant admitted liability for the account. Therefore Defendant must deny.

REQUEST NO. 6

Admit that because you used your Capital One Bank, N.A. credit card you could be subject to and responsible to pay finance charges (interest), over the limit and/or late charges under certain circumstances as stated in your cardmember agreement and monthly statements (Exhibit "A"). If you deny, please state your reasons.

ANSWER:   Objection to “yourcalls for legal conclusion. Plaintiff has not proven account is owned by Defendant, nor has Defendant admitted liability for the account. Therefore Defendant must deny.

 

 

REQUEST NO. 7

Admit that you currently reside at or had an address in the past of my address here as listed on the statements attached and marked as Exhibit "A" If you deny, please state your reasons.

ANSWER:   Objection: Plaintiff has not proven statements are owned by Defendant, nor has Defendant accepted liability for account.

 

REQUEST NO. 8

Admit that the last payment you made on your Capital One Bank, N.A. credit card, account # xxxx xxxx xxxx xxxx, which is the subject of this litigation, was on or about 07/15/2010, in the amount of $xx.00, as evidenced by the statement dated Jun. 19 - Jul. 18: 2010, a copy of which is attached and marked as Exhibit "A". If you deny, please state your reasons.

ANSWER:     Objection: Plaintiff has not proven account is owned by Defendant, nor has Defendant accepted liability for account

 

REQUEST NO. 9

Admit that you used or authorized the use of your Capital One Bank, N.A. credit card: acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation. If you deny, please state your reasons.

ANSWER:     Objection: Plaintiff has not proven account is owned by Defendant, nor has Defendant accepted liability for account

 

 

REQUEST NO. 10

Admit that you made charges on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, as evidenced by the statements, a copy of which is attached and marked as Exhibit "A". If you deny, please state your reasons.

ANSWER:     Objection to reference “your.” Defendant has not admitted liability for the account in question, nor has the Plaintiff proven account is owned by Defendant.

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@pampamk

 

Objection to “yourcalls for legal conclusion.  After diligent inquiry no information is known or readily available to Defendant.  Plaintiff has not proven account is owned by Defendant, nor has Defendant admitted liability for the account.

 

 

I might state:

 

Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.

 

BTW, in reference to "has not proven account is owned by Defendant".

 

That would be "owed" by Defendant. 

 

Include a denial with each request that you intend to deny.  Also, you don't have to object to every request.   For instance, #7:

 

Admit that you currently reside at or had an address in the past of my address here as listed on the statements attached and marked as Exhibit "A" If you deny, please state your reasons.

ANSWER:   Objection: Plaintiff has not proven statements are owned by Defendant, nor has Defendant accepted liability for account.

 

Did or do you live at the address on the statements?  If so, you need to admit it.  They're not asking you to admit that the account is yours or that the statements are accurate.  They're just trying to show that the statements have the correct address on them. 

 

I know that you don't want it to be assumed that any of the evidence can be correct in any way.  But you just can't deny an address if it's correct.

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@pampamk

 

 

I might state:

 

Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.

 

BTW, in reference to "has not proven account is owned by Defendant".

 

That would be "owed" by Defendant. 

 

Include a denial with each request that you intend to deny.  Also, you don't have to object to every request.   For instance, #7:

 

Admit that you currently reside at or had an address in the past of my address here as listed on the statements attached and marked as Exhibit "A" If you deny, please state your reasons.

ANSWER:   Objection: Plaintiff has not proven statements are owned by Defendant, nor has Defendant accepted liability for account.

 

Did or do you live at the address on the statements?  If so, you need to admit it.  They're not asking you to admit that the account is yours or that the statements are accurate.  They're just trying to show that the statements have the correct address on them. 

 

I know that you don't want it to be assumed that any of the evidence can be correct in any way.  But you just can't deny an address if it's correct.

Okay so I went back and changed my answers to reflect your suggestion. Thank you!  Concerning the address: I answered simply "defendant admits to residing at above mentioned address". Is this all I should put? Again, thank you for your help. Should I post my answers again for another pair(s) of eyes to proofread?

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@pampamk

 

If you have time, I'd post them again.  OR edit your post, note in a new post that your answers have been edited, and request that people take another look at them.

 

It never hurts for as many people as possible to read them.

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Here are my revised answers. Thanks for looking them over and letting me know what needs changed!


DEFENDANT’S ANSWERS TO PLAINTIFF’S FIRST COMBINED INTERROGATORIES AND REQUEST FOR ADMISSIONS PROPOUNDED TO DEFENDANT BY PLAINTIFF.

INTERROGATORIES

     1.     Please provide the following information:
             (a)       Full legal name and date of birth;
             (B)       Social security number;
             ©       Current address, e-mail address, and telephone number;            
             (d)       Current place of employment, including address, and telephone number
                         of employer; and;
             (e)       Driver’s License number and State issued from.

     ANSWER:   My name and address here.   Objection to date of birth, social security number, e-mail address, telephone number, employment and drivers license. 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..


     2.      Please state whether or not you have ever had a Capital One Bank, N.A. credit card with an account #xxxx xxxx xxxx xxxx, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A".

 ANSWER: After diligent inquiry no information is known or readily available to defendant. Therefore, the response is No.


3.     Please reply with either a “yes” or “no” answer as to whether or not you have made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation.

ANSWER: Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.


    
4.     Please reply with either a “yes” or “no” answer as to whether or not you have made any payments on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit “A”.

ANSWER: Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.


5.     Please reply with either a “yes” or “no” answer as to whether or not you made at least your minimum monthly payment every month as required on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx xxxx, which is the subject of this litigation.

ANSWER: Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.


6.     If you deny Request for Admissions No. 2 below, please state the amount you contend the balance should be on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation.

ANSWER: Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies. Objection on the grounds that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant.  Additionally, the request is premature as it requests the Defendant prior to the completion of discovery to answer if the amount is correct.  The Plaintiff should have records of the amount sued upon as being correct from Plaintiff’s own files.  Without waiving the Defendant’s objection, the Defendant does not know if the amount on the alleged account she is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.


7.     Please state the basis of your dispute of this claim?

ANSWER: Plaintiff has not proved legal standing to sue Defendant in this case.  Plaintiff has not provided any evidence to Defendant proving the account in question is owed by Defendant. The Defendant upon completion of discovery with the Plaintiff, will most definitely have further facts based upon her 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.
    



8.     Please respond with either a “yes” or “no” that you acknowledge that a letter of explanation addressed to you accompanied this discovery which set forth the entire credit card account number, which is the subject of this litigation.

ANSWER:   A letter accompanied this discovery which set forth the entire credit card account number with reference to Supreme Court Rule 123(B) as to why only the last four digits are used throughout discovery. If this is the “explanation” to which Plaintiff is referring then the answer is yes. If Plaintiff is eluding to any other “explanation” then the answer in No.


9.     Please respond with a “yes” or “no” answer as to whether or not the last payment you made on your Capital One Bank, N.A. credit card acct #xxxx xxxx xxxx xxxx, which is the subject of this litigation, was in the amount of $xx.00 on 07/15/2010, as evidenced by the statement dated Jun. 10 - Jul. 18, 2010, attached and marked as Exhibit “A”.

ANSWER:  Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.   Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.



10.     Please reply with either a “yes” or “no” answer as to whether or not you made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx xxxx, which is the subject of this ligation, as evidenced by the statements, attached and marked as Exhibit “A”.

ANSWER:  Objection to plaintiff's reference to "your Capital One Bank, NA credit card debt" as it calls for a legal conclusion.  Defendant has not admitted liability for the alleged account.  Without waiving the foregoing objection, after diligent inquiry, no information is known or readily available to Defendant.  Therefore, Defendant denies.

 

 

What do you think for my answer to #7, my basis for disputing this claim.... Is it okay?

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