300turbozx

Being sued by Midland Funding llc in Florida

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@300turbozx

 

Was it an old bank account that is now closed?   If you were to contact that bank, would they still have your bank records from around the date of last payment?

 

It's just that you have to be careful denying the existence of the account.  If the judge were to ask you if you opened that account, you'd have to be able to truthfully deny it.  Now, if there's no way that charges or payments could be attributed to that account, you might be able to say that you once had an account with the OC, but there are no records to show if the account in question is that same account.

 

Have you requested discovery and have they responded with more statements?

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@Clydesmom

 

OBJECTION This is a request for documents, not an interrogatory. the request is improper.

 

 

I have to disagree with this.  The title of the requests is INTERROGATORIES AND DOCUMENTS TO BE PRODUCED.  Unless FL rules prohibits docs and rogs together, their request is no improper.

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@BV80 i have requested discovery and they are requesting for more time. If you go to page 15 i believe you can see the documents i posted up there, if youd like of course. They have a motion for enlargement of time. and no they havent provided me with anything else

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@300turbozx

 

There's no way of knowing if they're going to produce any more statements.  But if they were to do so, denying the account ever existed might not look good for you.   Personally, I think  the suggestion by @Clydesmom is sufficient.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.

 

 

If they produce nothing else and don't compel your bank records or can't get any bank records and have no way to show that you made charges and payments to the account,  then you can deny the existence of the account if they file an MSJ.

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I still want to use the statue of limitations as well. Some one said i might need to amend my affirmative defenses. @BV80 would i use After a reasonable and diligent search there are no documents in Defendants possession as described. for all that is listed previously. Also how would i answer if they bring up the statement. Would i deny its mine, what would i say to that.

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@Clydesmom

 

 

I have to disagree with this.  The title of the requests is INTERROGATORIES AND DOCUMENTS TO BE PRODUCED.  Unless FL rules prohibits docs and rogs together, their request is no improper.

@BV80  @300turbozx

 

RULE 1.340 INTERROGATORIES TO PARTIES

 

© Option to Produce Records. When the answer to an interrogatory may be derived or ascertained from the records of the party to whom the interrogatory is directed or from an examination, audit, or inspection of the records or from a compilation, abstract, or summary based on the records and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party to whom it is directed, an answer to the interrogatory specifying the records from which the answer may be derived or ascertained and offering to give the party serving the interrogatory a reasonable opportunity to examine, audit, or inspect the records and to make copies, compilations, abstracts, or summaries is a sufficient answer. An answer shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party interrogated, the records from which the answer may be derived or ascertained, or shall identify a person or persons representing the interrogated party who will be available to assist the interrogating party in locating and identifying the records at the time they are produced.

 

I disagree and think that they are trying to circumvent this FL rule requiring that the party needing documents serve them on the entity that has them and is NOT a party to the case as filed:

 

RULE 1.351 PRODUCTION OF DOCUMENTS AND THINGS WITHOUT DEPOSITION

 

(a) Request; Scope. A party may seek inspection and copying of any documents or things within the scope of rule 1.350(a) from a person who is not a party by issuance of a subpoena directing the production of the documents or things when the requesting party does not seek to depose the custodian or other person in possession of the documents or things.

( B) Procedure. A party desiring production under this rule shall serve notice on every other party of the intent to serve a subpoena under this rule at least 10 days before the subpoena is issued if the service is by mail. The proposed subpoena shall be attached to the notice and shall state the time, place, and method for production of the documents or things, and the name and address of the person who is to produce the documents or things, if known, and if not known, a general description sufficient to identify the person or the particular class or group to which the person belongs; shall include a designation of the items to be produced; and shall state that the person who will be asked to produce the documents or things has the right to object to the production under this rule and that the person will not be required to surrender the documents or things. A copy of the notice and proposed subpoena shall not be furnished to the person upon whom the subpoena is to be served. If any party serves an objection to production under this rule within 10 days of service of the notice, the documents or things shall not be produced pending resolution of the objection in accordance with subdivision (d).

 

Rule 1.340 indicates that if they are asking a question based on documents they either have to provide them or allow inspection of them in order for the party to answer the rogs.  NO WHERE does it say they can combine the two and the second rule specifically states that request for documents must be subpoenaed to a non-party to the suit.

 

My answer would be (amended again):  

 

OBJECTION This is a request for documents, not an interrogatory. the request is improper under FL Rule 1.340, Plaintiff must supply copies of any documentation upon which Defendant would reasonably be expected to answer the interrogatory.  FL Rule 1.351 specifically requires the Plaintiff to subpoena appropriate records from a non-suited party.  Defendant cannot attest to the accuracy of any records they did not create.

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@Clydesmom

 

At the beginning of the plaintiff's requests, they referenced both of the rules for interrogatories and production of documents.  That could depend upon the the judge.

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@Clydesmom

 

At the beginning of the plaintiff's requests, they referenced both of the rules for interrogatories and production of documents.  That could depend upon the the judge.

 

@BV80

 

I get that they worded it that way but it doesn't mean that it complies with the RCP.  I would not put it past MCM to hope that an inexperienced defendant simply complies and answers/produces.  Unless the defendant objects the Judge is not going to intervene.  

 

I would answer based on it being a violation of the RCP and if Midland wants to push the envelope let them argue why it does not.  The reason is the OP already served discovery, RFAs, and rogs on the Plaintiff and after 5 months they still have NOTHING.  There are no records on this account and Midland knows it. They can't prove squat and the harder this OP fights the sooner MCM backs down, tucks tail, and runs.

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1.       State the names, addresses and telephone numbers of all persons who are believed or known by the Defendant, the Defendant's agents, or the Defendant's attorney to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge.

Denied: NONE

 

2.       State if Defendant has ever been a party in a lawsuit other than the present matter, and, if so, state whether the Defendant was plaintiff or defendant, the nature of the action, the case number to said action, and the date and court in which such suit was filed.

Objection:  this information is not material to the complaint as filed and not destined to lead to discoverable material to the case.  This information would prejudice the court against the defendant by discussing irrelevant information.

 

3.       State the name, address, telephone number, and driver's license number for each and every person who the Defendant expects to call as a witness at trial, including experts. For each such witness, please state the subject matter on which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify and a summary of the grounds for any such opinion.

NONE

 

4.       Attach all documents, records, items and things that Defendant intends to use or offer into evidence at the trial of this matter.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

5.       State whether the Defendant had (including whether you opened or were an authorized user or card holder) account number —1307 (hereinafter the "Account") with the original creditor as referenced in the Complaint. If so, state the date on which the Account was opened. If not, state the basis for your denial.

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

6.       Attach copies of the application for the Account and all cardholder's agreements or contracts for the Account.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

7.       State the name, address, telephone number, and nature of the Defendant's relationship of each card holder and or authorized user on the subject Account.

Denied: None

 

8.       State the names, addresses and telephone numbers of each person that used the subject Account

 Denied:  duplicate question of number eight.

 

9.       State the terms and condition by which you had to repay the money withdrawn from the Account. If you objected to the terms and/or conditions by which you had to repay the money withdrawn from the Account, state the date on which you objected to said terms and/or conditions and to whom you communicated your objection to.

 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

10.   Attach copies of all objections to the terms and/or conditions on the Account made by the Defendant.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

11.   State the following with respect to each purchase of goods or services that the Defendant or the Defendant's agents made on the Account since the date is was initially opened: (a) the date of the purchase; (B) the amount of the purchase; © the item purchased; (d) the name and address of the business at which the purchase was made; and (e) the document(s) you are gathering the above information from.

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

12.   State the following with respect to each withdrawal or check drawn on the Account by the Defendant or the Defendant's agents since the date it was initially opened: (a) the date of the withdrawal or check; (B) the amount of the withdrawal or check; © the name and address of the business or person to whom the withdrawal was made or the check was made payable; and (d) the document(s) you are gathering the above information from.

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

13.   Attach copies of each monthly statement on the Account.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

 

14.   Attach copies of all receipts from items that Defendant purchased with funds withdrawn from the Account.

Denied:  duplicates question 13 and 14.

 

15.   Attach all documents, invoices, statements, correspondence or records of any kind pertaining to the Account.

Denied:  duplicates question 13 and 14.

 

16.   State the following with respect to each payment that the Defendant or the Defendant's agents made on the Account since the date that it was initially opened; (a) the date of the payment; (B) the amount of the payment; © the method of payment (i.e. via check, money order...); (d) the name and address of the person making said payment; (e) the name and address to whom the check was made payable; and (f) the document(s) you are gathering the above information from.

Denied:  duplicates questions 13-17.

 

17.   State the date of the last payment made by Defendant on the Account.

Denied:  Defendant denies the existence of any such account as alleged in the complaint

 

18.    Attach copies of all payments made by Defendant on the Account.

 

Denied:  duplicates questions 13-17.  Already answered.
 

19.   Attach copies of all documents reflecting that Defendant paid off the Account.
 

Denied:  duplicates questions 13-17.  Already answered.

 

20.   Describe each and every written communication that Defendant, the Defendant's agents, or the Defendant's attorney have ever had with the Plaintiff or any of its predecessors-in-interest. For each such communication, state (a) the parties to the communication; (B) the date of the communication; © the substance of the communication; and (d) whether Defendant has a copy of the written communication in its possession.

 

Denied:  duplicates questions 13-17.  Already answered.
 

21.   Attach copies of any and all correspondences received or sent by Defendant regarding the Account.

 

Denied:  duplicates questions 13-17.  Already answered.
 

22.   Describe each and every verbal communication that Defendant, the Defendant's agents, or the Defendant's attorney have ever had with the Plaintiff or any of its predecessors-in-interest. For each such communication, state: (a) the parties to the communication; (B) the date of the communication; and © the substance of the communication.

 

Denied:  Defendant cannot possibly recall each and every conversation conducted
 

23.   With respect to the principal amount of damages being sought in the Complaint, state whether you agree that the amount of damages sought is correct, and if not, state the amount of charges that you are disputing, and the reasons why you are disputing said amount of charges.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 
 

24.   Has Defendant ever disputed any of the charges made on the subject Account? If so, please state the date of objection, the nature of the objection, whether it was oral or written and to whom it was made.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 
 

25.   Attach copies of all statements reflecting charges disputed by Defendant in writing on the Account.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.  Defendant denies the account ever existed.
 

26.   Attach copies of all correspondence sent by Defendant disputing any charges made on the Account.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.  Defendant denies the account ever existed.
 

27.   Attach copies of any and all reports made by Defendant to any person, agency or company claiming fraud related to the Account.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.  Defendant has no knowledge of the account and therefore no reports of any activity or complaints to other persons, agency, or company have been made.
 

28.   List each and every defense (including any Affirmative Defenses pled in your Answer) that you are relying on in disputing the subject Account in the Complaint, and specify in detail your support and factual basis for each defense.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 
 

29.   Attach all documents, records, items and things that support or relate to any defenses that you are relying on in disputing the subject Complaint.

 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.
 

30.   If you claim that you are not responsible for repaying the money withdrawn from the account because of fraud, including theft of your identity, then describe the circumstances in which such fraud was perpetrated on you, and list the name of every person, agency or company you contacted regarding such fraud and the date you made such contact.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

 

31.   List every bank account that you had with any banking institutions during the past five (5) years.

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

 

32.   State the addresses of all residences where the Defendant has resided at in the past ten (10) years including the length of time in which the Defendant resided at each.

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

 

33.   Attach all documents, records, items and things which are referenced by or which relate to any of the Defendant's answers to the Interrogatories served herewith which were not already requested.

Objection:  premature.  Discovery is ongoing and at this point Defendant is still preparing for trial.  To date Plaintiff has produced no documents supporting their claim by which the Defendant could reasonably produce documents in defense of the complaint as filed.  This question duplicates those already asked and answered multiple times.

34.   Attach a legible copy of the Defendant's driver's license.

Objection: Driver’s license information is not destined to lead to discoverable information relevant to the complaint as filed and is privileged information

 

35.   Please provide any and all documents in support of your affirmative defenses

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

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@300turbozx

 

 

4.       Attach all documents, records, items and things that Defendant intends to use or offer into evidence at the trial of this matter.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described

 

 

If you're referring to the above, I might state "Defendant has no such documentation, records, items, or things at this time.  Defendant will provide the documentation if any such documentation is discovered."

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@300turbozx

 

Sorry.  I thought "rd" meant "request for documents".

 

 

5.       State whether the Defendant had (including whether you opened or were an authorized user or card holder) account number —1307 (hereinafter the "Account") with the original creditor as referenced in the Complaint. If so, state the date on which the Account was opened. If not, state the basis for your denial.

 

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  

 


You might think I'm being picky, but I disagree with your response.  They did provide a cc statement.  Even though it didn't show any charges or payments, it showed your name, address, the date of the billing statement, and the account number.  That cc statement would enable anyone to discern whether or not they had an account with the OC.

 

 

14.   Attach copies of all receipts from items that Defendant purchased with funds withdrawn from the Account.

Denied:  duplicates question 13 and 14.

 


#14 is not a duplicate of #13.  They're 2 different requests.

 

16.   State the following with respect to each payment that the Defendant or the Defendant's agents made on the Account since the date that it was initially opened; (a) the date of the payment; (B) the amount of the payment; © the method of payment (i.e. via check, money order...); (d) the name and address of the person making said payment; (e) the name and address to whom the check was made payable; and (f) the document(s) you are gathering the above information from.

Denied:  duplicates questions 13-17.

 


The above is not duplication.  Request to "attach" and "state" are 2 different things.


 

17.   State the date of the last payment made by Defendant on the Account.

Denied:  Defendant denies the existence of any such account as alleged in the complaint

Just to reiterate, If they produce any cc statement that you shows you made a charge or purchase, or if they are able to compel bank records that would show a payment, you're taking a chance on denying the existence of the account.

 

 

19.   Attach copies of all documents reflecting that Defendant paid off the Account.
 

Denied:  duplicates questions 13-17.  Already answered.

 


Notice the words "PAID OFF" the account.  And, again, they're asking you to "attach" vs. "state".

 

The rules for discovery say that we have to answer truthfully.  Now, of course, there's ways around giving an outright answer such as "after a reasonable search", but we can't appear to avoid a response.  If this JDB is intent on prosecuting, they could file a motion to compel responses based upon insufficient responses or responses that appear to avoid the request.  You want the record to show that you did your best to comply with the rules.  Let the JDB be the one to screw up.

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9.       State the terms and condition by which you had to repay the money withdrawn from the Account. If you objected to the terms and/or conditions by which you had to repay the money withdrawn from the Account, state the date on which you objected to said terms and/or conditions and to whom you communicated your objection to.

 

Denied: Defendant denies the existence of the account as described in the complaint and therefore could not object to any terms.

 

14.   Attach copies of all receipts from items that Defendant purchased with funds withdrawn from the Account.

Denied:  duplicates question 13.  (remove and 14 this is question 14)

 

25.   Attach copies of all statements reflecting charges disputed by Defendant in writing on the Account.

 

Defendant denies the account ever existed and therefore no statements are in Defendant's possession.
 

26.   Attach copies of all correspondence sent by Defendant disputing any charges made on the Account.

 

Defendant denies the account ever existed therefore no correspondence has ever been sent between Defendant and Plaintiff.
 

29.   Attach all documents, records, items and things that support or relate to any defenses that you are relying on in disputing the subject Complaint.

 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described. Discovery and trial preparation are ongoing and without waiving objection Defendant is still in the process of discovery.

 

31.   List every bank account that you had with any banking institutions during the past five (5) years.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. Without waving objection, Defendant states that this information is not material to the complaint as filed and not destined to lead to discovery of material relevant to the case.  

 

34.   Attach a legible copy of the Defendant's driver's license.

 

Objection: Driver’s license information and a license to drive a motor vehicle has no relevance to the civil complaint as filed.  A copy of said license is not destined to lead to information relevant to the complaint as filed and is privileged information. 

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You might think I'm being picky, but I disagree with your response.  They did provide a cc statement.  Even though it didn't show any charges or payments, it showed your name, address, the date of the billing statement, and the account number.  That cc statement would enable anyone to discern whether or not they had an account with the OC.

 

Here is my suggested answer:

 

5.       State whether the Defendant had (including whether you opened or were an authorized user or card holder) account number —1307 (hereinafter the "Account") with the original creditor as referenced in the Complaint. If so, state the date on which the Account was opened. If not, state the basis for your denial.

 

Objection:  to date the only document Plaintiff has provided is a single piece of paper showing Defendant's name and address but no reliable fees, charges, interest, payments, or balance.  Discovery was served upon Plaintiff January XX, 2014 and to date Plaintiff has not responded or supplied any information as requested.

 

I have an issue with this blank statement with only a name and address.  ANYONE can create one of those and it is no where near sufficient to establish that there is an account let alone a debt since there is no balance or money owed on it. 

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@Clydesmom

 

I have an issue with this blank statement with only a name and address.  ANYONE can create one of those and it is no where near sufficient to establish that there is an account let alone a debt since there is no balance or money owed on it.

 

 

I have the same problem.  But such a cc statement suggests the possibility that the defendant opened the account.  If the account was, indeed, opened by @300turbozx, that's why I also have a problem with denying the existence of the account right now.  We don't know what else the JDB can provide.  We don't know what the judge might ask him (if anything). 

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@Clydesmom

 

 

I have the same problem.  But such a cc statement suggests the possibility that the defendant opened the account.  If the account was, indeed, opened by @300turbozx, that's why I also have a problem with denying the existence of the account right now.  We don't know what else the JDB can provide.  We don't know what the judge might ask him (if anything). 

 

@BV80

 

I would vociferously argue that all they have is a piece of paper.  No dollar amount.  No charges,  Nothing.  Putting my name and address on a blank statement with no dollar amount means I owe you ZERO if I ever had an account.  

 

The JDB can provide nothing.  Discovery was sent 5 months ago and has produced nothing.  IF there were reliable records they would have got them from the OC by now.  It is why they motioned for an expansion of time.  They are stalling hoping the Defendant caves and settles.  I would push them hard. 

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Keep in mind everyone this case was opened after the SOL as well. That's got to account for something

 

According to the dates you gave here it is not:

 

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

2/15/11

 

The SOL in FL is 5 years and you were served on December 19, 2013.  Based on that date of last payment they had until 2/15/2016 to sue you.

 

How do you figure the SOL is expired to sue you?

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@Clydesmom

 

 

@BV80

 

I would vociferously argue that all they have is a piece of paper.  No dollar amount.  No charges,  Nothing.  Putting my name and address on a blank statement with no dollar amount means I owe you ZERO if I ever had an account.  

 

The JDB can provide nothing.  Discovery was sent 5 months ago and has produced nothing.  IF there were reliable records they would have got them from the OC by now.  It is why they motioned for an expansion of time.  They are stalling hoping the Defendant caves and settles.  I would push them hard. 

 

I absolutely agree that it's nothing but a piece of paper.  But, it depends upon the judge's determination of the admissibility of that piece of paper.  If he determines it's admissible, it's a prima facie evidence of the existence of the account. 

 

I'm not saying to never deny the existence of the account.   I would simply be concerned about doing so before we know what might be provided or what the JDB could compel in the way of bank records. 

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According to the dates you gave here it is not:

 

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

2/15/11

 

The SOL in FL is 5 years and you were served on December 19, 2013.  Based on that date of last payment they had until 2/15/2016 to sue you.

 

How do you figure the SOL is expired to sue you?

@Clydesmom this is directly from there cc agreement Del Code Ann, tit 10, § 8106 .

 

GOVERNING LAW

THE TERMS AND ENFORCEMENT OF THIS AGREEMENT AND YOUR ACCOUNT SHALL
BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND, TO THE
EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO
CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOUR
ACCOUNT ARE LOCATED, WILL APPLY NO MATTER WHERE YOU LIVE OR USE THE
ACCOUNT
 
 
Last payment was made on -08-2010. now the SOL for Delaware is 3 years, lawsuit was filed 10-2013. If am i correct thats 3 years and what i been told when the JDB buys the debt the buy the entire debt including these governing laws and arb clauses.am i correct or just misunderstood 

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revised an edited, anyone can you chime in and tell me if this is any good 

 

 

 

 

 

 

1.       State the names, addresses and telephone numbers of all persons who are believed or known by the Defendant, the Defendant's agents, or the Defendant's attorney to have any knowledge concerning any of the issues in this lawsuit; and specify the subject matter about which the witness has knowledge.

Denied: NONE

 

2.       State if Defendant has ever been a party in a lawsuit other than the present matter, and, if so, state whether the Defendant was plaintiff or defendant, the nature of the action, the case number to said action, and the date and court in which such suit was filed.

Objection:  this information is not material to the complaint as filed and not destined to lead to discoverable material to the case.  This information would prejudice the court against the defendant by discussing irrelevant information.

 

3.       State the name, address, telephone number, and driver's license number for each and every person who the Defendant expects to call as a witness at trial, including experts. For each such witness, please state the subject matter on which the witness is expected to testify, the substance of the facts and opinions to which the witness is expected to testify and a summary of the grounds for any such opinion.

Denied: NONE

 

4.       Attach all documents, records, items and things that Defendant intends to use or offer into evidence at the trial of this matter.

Denied: Defendant has no such documentation, records, items, or things at this time.  Defendant will provide the documentation if any such documentation is discovered

5.       State whether the Defendant had (including whether you opened or were an authorized user or card holder) account number —1307 (hereinafter the "Account") with the original creditor as referenced in the Complaint. If so, state the date on which the Account was opened. If not, state the basis for your denial.

Objection:  to date the only document Plaintiff has provided is a single piece of paper showing Defendant's name and address but no reliable fees, charges, interest, or payments.  Discovery was served upon Plaintiff January 15, 2014 and to date Plaintiff has not responded or supplied any information as requested

6.       Attach copies of the application for the Account and all cardholder's agreements or contracts for the Account.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

7.       State the name, address, telephone number, and nature of the Defendant's relationship of each card holder and or authorized user on the subject Account.

Denied: None

 

8.       State the names, addresses and telephone numbers of each person that used the subject Account

 Denied:  duplicate question of number eight.

 

9.       State the terms and condition by which you had to repay the money withdrawn from the Account. If you objected to the terms and/or conditions by which you had to repay the money withdrawn from the Account, state the date on which you objected to said terms and/or conditions and to whom you communicated your objection to.

 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

10.   Attach copies of all objections to the terms and/or conditions on the Account made by the Defendant.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

11.   State the following with respect to each purchase of goods or services that the Defendant or the Defendant's agents made on the Account since the date is was initially opened: (a) the date of the purchase; (B) the amount of the purchase; © the item purchased; (d) the name and address of the business at which the purchase was made; and (e) the document(s) you are gathering the above information from.

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

12.   State the following with respect to each withdrawal or check drawn on the Account by the Defendant or the Defendant's agents since the date it was initially opened: (a) the date of the withdrawal or check; (B) the amount of the withdrawal or check; © the name and address of the business or person to whom the withdrawal was made or the check was made payable; and (d) the document(s) you are gathering the above information from.

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

 

13.   Attach copies of each monthly statement on the Account.

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

 

14.   Attach copies of all receipts from items that Defendant purchased with funds withdrawn from the Account.

Denied:  duplicates question 13 and 14.

 

15.   Attach all documents, invoices, statements, correspondence or records of any kind pertaining to the Account.

Denied:  duplicates question 13 and 14.

 

16.   State the following with respect to each payment that the Defendant or the Defendant's agents made on the Account since the date that it was initially opened; (a) the date of the payment; (B) the amount of the payment; © the method of payment (i.e. via check, money order...); (d) the name and address of the person making said payment; (e) the name and address to whom the check was made payable; and (f) the document(s) you are gathering the above information from.

Denied:  duplicates questions 13-17.

 

17.   State the date of the last payment made by Defendant on the Account.

Denied:  Plaintiff has provided no documentation by which the Defendant could answer this question.  After a reasonable search no such documents enabling the defendant to answer the question are in Defendants possession.

18.    Attach copies of all payments made by Defendant on the Account.

 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.
 

19.   Attach copies of all documents reflecting that Defendant paid off the Account.
 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.

 

20.   Describe each and every written communication that Defendant, the Defendant's agents, or the Defendant's attorney have ever had with the Plaintiff or any of its predecessors-in-interest. For each such communication, state (a) the parties to the communication; (B) the date of the communication; © the substance of the communication; and (d) whether Defendant has a copy of the written communication in its possession.

 

Denied:  duplicates questions 13-17.  Already answered.
 

21.   Attach copies of any and all correspondences received or sent by Defendant regarding the Account.

 

Denied:  duplicates questions 13-17.  Already answered.
 

22.   Describe each and every verbal communication that Defendant, the Defendant's agents, or the Defendant's attorney have ever had with the Plaintiff or any of its predecessors-in-interest. For each such communication, state: (a) the parties to the communication; (B) the date of the communication; and © the substance of the communication.

 

Denied:  Defendant cannot possibly recall each and every conversation conducted
 

23.   With respect to the principal amount of damages being sought in the Complaint, state whether you agree that the amount of damages sought is correct, and if not, state the amount of charges that you are disputing, and the reasons why you are disputing said amount of charges.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 
 

24.   Has Defendant ever disputed any of the charges made on the subject Account? If so, please state the date of objection, the nature of the objection, whether it was oral or written and to whom it was made.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 
 

25.   Attach copies of all statements reflecting charges disputed by Defendant in writing on the Account.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.
 

26.   Attach copies of all correspondence sent by Defendant disputing any charges made on the Account.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.  Defendant denies the account ever existed.
 

27.   Attach copies of any and all reports made by Defendant to any person, agency or company claiming fraud related to the Account.

 

After a reasonable and diligent search there are no documents in Defendants possession as described.  Defendant has no knowledge of the account and therefore no reports of any activity or complaints to other persons, agency, or company have been made.
 

28.   List each and every defense (including any Affirmative Defenses pled in your Answer) that you are relying on in disputing the subject Account in the Complaint, and specify in detail your support and factual basis for each defense.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 
 

29.   Attach all documents, records, items and things that support or relate to any defenses that you are relying on in disputing the subject Complaint.

 

Denied: After a reasonable and diligent search there are no documents in Defendants possession as described.
 

30.   If you claim that you are not responsible for repaying the money withdrawn from the account because of fraud, including theft of your identity, then describe the circumstances in which such fraud was perpetrated on you, and list the name of every person, agency or company you contacted regarding such fraud and the date you made such contact.

 

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

 

31.   List every bank account that you had with any banking institutions during the past five (5) years.

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

 

32.   State the addresses of all residences where the Defendant has resided at in the past ten (10) years including the length of time in which the Defendant resided at each.

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

 

33.   Attach all documents, records, items and things which are referenced by or which relate to any of the Defendant's answers to the Interrogatories served herewith which were not already requested.

Objection:  premature.  Discovery is ongoing and at this point Defendant is still preparing for trial.  To date Plaintiff has produced no documents supporting their claim by which the Defendant could reasonably produce documents in defense of the complaint as filed.  This question duplicates those already asked and answered multiple times.

34.   Attach a legible copy of the Defendant's driver's license.

Objection: Driver’s license information is not destined to lead to discoverable information relevant to the complaint as filed and is privileged information

 

35.   Please provide any and all documents in support of your affirmative defenses

Objection:  Plaintiff has exceeded the maximum number of interrogatories as allowed by the rules of civil procedure and has not received permission from the court via motion and has not shown good cause to submit more than the maximum number. 

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@300turbozx

 

 

5.       State whether the Defendant had (including whether you opened or were an authorized user or card holder) account number —1307 (hereinafter the "Account") with the original creditor as referenced in the Complaint. If so, state the date on which the Account was opened. If not, state the basis for your denial.

Objection:  to date the only document Plaintiff has provided is a single piece of paper showing Defendant's name and address but no reliable fees, charges, interest, or payments.  Discovery was served upon Plaintiff January 15, 2014 and to date Plaintiff has not responded or supplied any information as requested

 

 

Without my having to review 19 pages, I want to make sure that the plaintiff has provided nothing but "a single piece of paper showing Defendant's name and address but no reliable fees, charges, interest, or payments."  

 

They haven't provided any credit card statements from the OC?

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@BV80 yes it was a statement from the OC.

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