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Midland is back - Question on Interrogatories


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So I was (am) being sued by Midland Funding and I've already gone through all the preliminary steps. My trial was set for last Dec., 2012. I showed up to the trial very well prepared and when the judge called my name he said the case was stricken (which I think means just taken off the calendar). So I went home and haven't heard from Midland's lawyers in over a year. Fast forward to Dec. 2013 and I unexpectedly get RFAs, Interrogatories and Req. for Prod. of Documents in the mail regarding this case.

 

I'm not too worried because I'm thinking it's a last ditch effort to get me to admit something, but just in case I would like to run some of my answers by some of the more experienced folks here to make sure I don't screw something up. I appreciate the help!

 

Here is my first attempt at answering the Interrogatories (I'm not feeling too confident about my answers to No. 11 and No. 17):

 

INTERROGATORY NO. 1: State the name of any and all banks or credit unions where Defendant banked, included but not limited to all banks, credit unions or other financial institutions where defendant had a saving s account, checking account, received a mortgage, received a car loan, received a credit cards from, received a line of credit from, received a home equity loan, received any other type of loan, received a money order from, received a cashier's check from, or had any other financial relationship with for the last six yers.

 

RESPONSE: Objection on the grounds that it is personal, confidential and private. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence.

 

 

INTERROGATORY NO. 2: State the name of all those participating and responding to these Interrogatories.

 

RESPONSE: My name

 

 

INTERROGATORY NO. 3: State the Defendant's social security number

 

RESPONSE: Objection on the grounds that it is personal, confidential and private. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence.

 

 

INTERROGATORY NO. 4: State the Date of Birth of Defendant

 

RESPONSE:  Objection on the grounds that it is personal, confidential and private. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence.

 

 

INTERROGATORY NO. 5: State all addresses Defendant has resided at or received mail at during the previous 6 years.

 

RESPONSE: Objection on the grounds that it is personal, confidential and private. It is also overly broad and unduly burdensome. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence.

 

 

INTERROGATORY NO. 6: State the amount of the subject account that Defendant admits is due and owing.

 

RESPONSE: Defendant denies owing the plaintiff any portion of the alleged debt. Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 7: State the date that the defendant made his/her last paymnet on the subject account.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 8: State the amount that the defendant paid in his/her last payment

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 9: State the date that Defendant defaulted on the subject account.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 10: State the date that the defendant made the last charge on the subject account.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 11: If the defendant contends that there is no amount that is due and owing, please provide all specific facts that support the position that there is no amount that is due and owing on the subject account.

 

RESPONSE: Plaintiff has offered no evidence that can be authenticated and verified to be true and accurate that would prove the alleged amount the plaintiff seeks to recover. Defendant further denies owing the plaintiff any portion of the alleged debt.

 

 

INTERROGATORY NO. 12: State the date of the last payment the defendant made on the account to any entity.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 13: State all persons who used the account that is the subject of this lawsuit; state the name of all persons who has authority to use the account; state the name of any person who used the account without authority.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 14: State the balance that Defendant believes is due on the account that is the subject of this litigation and explain how such balance was calculated.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 15: If Defendant has refused to admit that Midland Funding LLC is currently the owner of the account, state the facts on which Defendant bases that refusal to admit.

 

RESPONSE:

1) Plaintiff has not established that they own the alleged debt; strict proof is required to establish standing to sue.

2) Plaintiff has provided no evidence that they have any rights of assignment; defendant requires strict proof in the form of a contract that states such.

3) Plaintiff has offered no evidence that the alleged debt was purchased by them; defendant requires strict proof of such.

4) No debtor, creditor relationship exists; defendant requires strict proof of such.

5) Plaintiff has not offered any proof, in the form of a contract that would prove the plaintiff retains the right to bring an action on the alleged debt; defendant requires the plaintiff present the contract that proves such.

 

 

INTERROGATORY NO. 16: If Defendant refuses to admit that he/she is indebted to Plaintiff, state the facts on which Defendant bases that refusal to admit.

 

RESPONSE:

1) Plaintiff has not established that they own the alleged debt; strict proof is required to establish standing to sue.

2) Plaintiff has provided no evidence that they have any rights of assignment; defendant requires strict proof in the form of a contract that states such.

3) Plaintiff has offered no evidence that the alleged debt was purchased by them; defendant requires strict proof of such.

4) No debtor, creditor relationship exists; defendant requires strict proof of such.

5) Plaintiff has offered no evidence that would prove the accurateness of the accounting of the alleged debt; defendant requires strict proof of such.

6) Plaintiff has not offered any proof, in the form of a contract that would prove the plaintiff retains the right to bring an action on the alleged debt; defendant requires the plaintiff present the contract that proves such.

 

 

INTERROGATORY NO. 17: If Defendant refuses to admit being indebted on the subject account to any entity, state the facts on which Defendant refuse to admit.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 18: If Defendant is disputing only a portion of the account, please identify which portion of the subject account is disputed and which portion of the subject account is not disputed.

 

RESPONSE: Defendant does not have records which would enable him to respond.

 

Thanks in advance for any input!

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@Crystal

 

See what your rules say about failure to prosecute or want of prosecution.  Most courts have a rule that a case that is inactive for a certain period of time can be dismissed.  Of course, there's stipulations to the rule, but you need to check it out anyway.

 

That rule might be "dismissal of actions" or something to that effect.

 

Also, check the status of your case to see if the court has sent out any notices about an inactive or dormant case.

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BV80 it looks like the limit for failure to prosecute is exactly 12 months and they sent me these documents just under the 12 month deadline (bummer). No notices about an inactive or dormant case have been added to my status.

 

So I guess I'm stuck answering these things. Any input on my above answers is greatly appreciated.

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I would add before most of them (see what fits)  "after a reasonable inquiry and diligent search ..............."

 

some states rules say that needs to be included if you are objecting, or not answering.

 

also this one:

INTERROGATORY NO. 5: State all addresses Defendant has resided at or received mail at during the previous 6 years.

 

RESPONSE: Objection on the grounds that it is personal, confidential and private. It is also overly broad and unduly burdensome. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence. Without waiving objection defendant states his address is xxxxxxxx.

 

 

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No I did not actually defeat their MSJ. When I showed up to the hearing in Dec 2012 the judge said it was stricken by the Plaintiff which I think means it was just removed from the calendar. It's been in limbo until I recently received these other docs in the mail. As for evidence, they have a generic bill of sale, a generic affidavit from one of their employees, and some old credit card statements.

 

Thank you for the other comments. I will adjust my answers.

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Here's what I have for #7 and #17 (not sure about 17) - are these worded ok?

 

INTERROGATORY NO. 7: State the date that the defendant made his/her last paymnet on the subject account.

 

RESPONSE: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records.

 

 

INTERROGATORY NO. 17: If Defendant refuses to admit being indebted on the subject account to any entity, state the facts on which Defendant refuse to admit.

 

RESPONSE: Defendant cannot identify the information requested as the information requested is not within the answerer’s personal knowledge or records.

 

Thanks!

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INTERROGATORY NO. 17: If Defendant refuses to admit being indebted on the subject account to any entity, state the facts on which Defendant refuse to admit.

 

Defendant objects to this Interrogaratory to the extent that it seeks information beyond Defendant’s knowledge, to the extent that it seeks to impose upon Defendant a duty to seek out information not in Defendant’s possession, custody or control, and to the extent it assumes disputed facts and facts not in evidence.  Without waiving the foregoing objection, Defendant states after a reasonable inquiry and diligent search Defendant has denied knowledge on alleged account.

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INTERROGATORY NO. 7: State the date that the defendant made his/her last payment on the subject account.

 

Defendant objects to this interrogatory as the Defendant has denied knowledge of the alleged account. Without waiving the foregoing objection, Defendant states after a reasonable inquiry and diligent search Defendant does not have the requested information.

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Here are my responses to their Request for Production of Documents. Again any feedback is greatly appreciated:

 

GENERAL OBJECTIONS

 

Defendant objects generally to all of Plaintiff’s Requests for Production of Documents on each of the following grounds:

  1. Defendant reserves the right to supplement or amend these responses and objections as additional information becomes available to Defendant.

 

REQUEST FOR PRODUCTION NO. 1: Produce the original contract or terms and conditions on the account number XXXXXXXXXXXX1234.

RESPONSE TO REQUEST FOR PRODUCTION NO. 1: Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

REQUEST FOR PRODUCTION NO. 2: Produce all subsequent terms and conditions Defendant received on account number XXXXXXXXXXXX1234.

RESPONSE TO REQUEST FOR PRODUCTION NO. 2: Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

REQUEST FOR PRODUCTION NO. 3: Produce all billing statements Defendant received from the original creditor on the account number XXXXXXXXXXXX1234.

RESPONSE TO REQUEST FOR PRODUCTION NO. 3: Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

REQUEST FOR PRODUCTION NO. 4: Produce all documents that support Defendant's denials of the allegations in the Complaint, as stated in Defendant's Answer.

RESPONSE TO REQUEST FOR PRODUCTION NO. 4: Defendant is not in the possession, custody or control of any documents responsive to this request. Defendant further states no documents responsive to this request exist.

 

 

REQUEST FOR PRODUCTION NO. 5: Produce all documents that support any affirmative defense Defendant asserts in the answer.

RESPONSE TO REQUEST FOR PRODUCTION NO. 5: Defendant is not in the possession, custody or control of any documents responsive to this request. Defendant further states no documents responsive to this request exist.

 

 

REQUEST FOR PRODUCTION NO. 6: Produce all correspondence Defendant sent to Plaintiff on the subject account.

RESPONSE TO REQUEST FOR PRODUCTION NO. 6: Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

REQUEST FOR PRODUCTION NO. 7: Produce all correspondence sent to any third party on the subject account.

RESPONSE TO REQUEST FOR PRODUCTION NO. 7: Defendant is not in the possession, custody or control of any documents responsive to this request. Defendant further states No documents responsive to this request exist.

 

 

REQUEST FOR PRODUCTION NO. 8: Produce all correspondence received by Defendant from Plaintiff on the subject account.

RESPONSE TO REQUEST FOR PRODUCTION NO. 8: Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

REQUEST FOR PRODUCTION NO. 9: Produce all correspondence received by Defendant from any third party on the subject account.

RESPONSE TO REQUEST FOR PRODUCTION NO. 9: Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

REQUEST FOR PRODUCTION NO. 10: Produce copies of front and back of all canceled checks and money orders sent to the original creditor, Chase Bank in the last six years on the subject account ending in 1234.

RESPONSE TO REQUEST FOR PRODUCTION NO. 10: Defendant objects to the Plaintiff’s request as the existence and validity of the alleged account has not yet been proven. 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 has no documents to provide this request.

 

 

REQUEST FOR PRODUCTION NO. 11: Produce all of Defendant's bank records for the last six years.

RESPONSE TO REQUEST FOR PRODUCTION NO. 11: Defendant objects to the Plaintiff’s request as the existence and validity of the alleged account has not yet been proven. 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 has no documents to provide this request.

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Here are my responses to their Request for Admissions. Not sure if I'm being too general. Thanks in advance for any feedback.

 

REQUEST FOR ADMISSIONS #1: Admit defendant requested that the original creditor, Chase Bank opened a credit card on defendant's behalf.

 

RESPONSE TO #1: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

REQUEST FOR ADMISSIONS #2: Admit that the original creditor, Chase Bank, issued defendant a credit card bearing account number XXXXXXXXXX1234.

 

RESPONSE TO #2: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

REQUEST FOR ADMISSIONS #3: Admit defendant received mail at the adress of 12345 St., XXXXX, XX in the years of 2010 and 2011.

 

RESPONSE TO #3: Deny. Defendant was not living at the stated address in 2011 and therefore could not receive mail there.

 

 

REQUEST FOR ADMISSIONS #4: Admit the original creditor, Chase Bank issued monthly statements reflecting the defendant's use of said credit card.

 

RESPONSE TO #4: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

REQUEST FOR ADMISSIONS #5: Admit defendant defaulted under the terms of the credit card agreement.

 

RESPONSE TO #5: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

REQUEST FOR ADMISSIONS #6: Admit defendant incurred a debt through the use of the subject account ending in 1234.

 

RESPONSE TO #6: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

REQUEST FOR ADMISSIONS #7: Admit defendant made payments on the subject account ending in 1234.

 

RESPONSE TO #7: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

REQUEST FOR ADMISSIONS #8: Admit Defendant failed to repay all charges made on the subject account ending in 1234.

 

RESPONSE TO #8: After a diligent search and a reasonable inquiry was made in an effort to comply with this request, the information known or readily obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

Thanks for the help!

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#3, they asked about 2010 and 2011. You said deny for 2011 only. If you lived there in 2010, admit in part, deny in part.

 

#5, have they given you the applicable credit card agreement? If not, you can object, saying that the plaintiff has not supplied the alleged card agreement and this admission assumes facts not in evidence.

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Thanks for the input Spikey. I noticed I actually misworded #5 a little. It should read:

 

REQUEST FOR ADMISSIONS #5: Admit defendant defaulted under the terms of the credit account.

 

Not sure if this changes the advice you gave me above for #5.

 

Also, it would seem to me that all the Plaintiff has to do to prove many of these admissions that I denied, is show the judge copies of the credit card statements they sent me that have my name, account number, amount owed, payments etc. on them.

 

What am I missing? And how do I handle this in court if the judge points to the statement and asks me if it's my account?

 

Thanks!

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