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Need help on answering Interrogatories and Admission.


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Hello all the great helpful members,
 
Interrogatories and Admissions are due by tomorrow.  I have them completed but I thought I should have them double-checked by the knowledgeable members here first.  
 
A little back ground of my situation:  the credit card account has both my name and my brother's name as joint holders.  this account is 14 yrs old so OC/JDB doesn't have the initial credit application.  This credit card was used and monthly payments were made by my brother ONLY.  I never used it or made any payments. BUT I AMTHE ONLY PERSON SUED BY PRA.   For additional details, my initial post is here http://www.creditinfocenter.com/community/topic/322811-need-help-dealing-with-hunt-and-henriques/#entry1281529.
 
We are on the 36 days mark before trial.  And my answers to JDB are due tomorrow on the 35 days mark.  if they find my answer insufficient, too bad for them because they opposed (and succeed at it)  trial continuance.
 
Please double check my answers below and let me know if my answers would be damaging to my defense.

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Interrogatory No. 1:  Did you ever submit a request for a credit account to CHASE?

            Answer: Objection. This request is too broad and unclear. It lacks specificity to which credit account or type of credit requested.

 

Interrogatory No. 2:  Did CHASE issue a credit account number 1111111111 in your name?

Answer: Objection. I do not have knowledge of what CHASE did/does.

 

Interrogatory No. 3:  State the approximate date you open THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to you by CHASE account number 11111111111)

Answer:  Objection. This interrogatory contains a premature assumption that THE CREDIT ACCOUNT was issued to me. Without waiving objection,  I  state that I did not open or do not recall opening THE CREDIT ACCOUNT . This interrogatory is not applicable to me.

 

Interrogatory No. 4:  IDENTIFY (for the purpose of these interrogatories, IDENTIFY shall mean to state the name, address, and telephone number) each and every person other than yourself who has ever had possession of any credit card for THE CREDIT ACCOUNT.

Answer:  Objection. I do not have personal knowledge of individuals that had possession of any credit card for THE CREDIT ACCOUNT.  Without waiving objection, and based on documents provided by Plaintiff,  I believe that the actual account holder of THE CREDIT ACCOUNT was someone else that has same last name as and similar Social Security Number to those of mine.  Plaintiff bears the burden to investigate this information with the original creditor of THE CREDIT ACCOUNT.

 

Interrogatory No. 5:  DENTIFY each and every person who you ever authorized to use THE CREDIT ACCOUNT.

Answer: Objection. This interrogatory is not applicable to me and contains a premature assumption that I had THE CREDIT ACCOUNT. Without waiving objection,  I state that I was not aware I had the authority on THE CREDIT ACCOUNT, and did not make authorization on THE CREDIT ACCOUNT.

 

Interrogatory No. 6:  Did you use THE CREDIT ACCOUNT?

Answer:  Deny.

 

Interrogatory No. 7:  Is $10k, the amount set forth in the complaint in this case as the sum owed as of filing date, your balance due as of that date on THE CREDIT ACCOUNT?

Answer: Objection.  This interrogatory contains a premature assumption that THE CREDIT ACCOUNT was mine.  Without waiving objection, I deny that I owe any amount on THE CREDIT ACCOUNT. 

 

Interrogatory No 8:   If you do not agree that $10k the amount set forth in the complaint in this case as the sum owed, is your balance due as of filing date on THE CREDIT ACCOUNT, state all facts upon which you base your denial that the sum of $10k is your balance due as of filing date on the THE CREDIT ACCOUNT.

Answer:  Objection.  This interrogatory contains a premature assumption that THE CREDIT ACCOUNT belongs to me. Without waiving objection, I state that did not use THE CREDIT ACCOUNT, and did not incur the alleged balance on THE CREDIT ACCOUNT.  Therefore, I owe nothing on THE CREDIT ACCOUNT.

 

Interrogatory No. 9:  Did you ever report to CHASE (for the purpose of these interrogatories, CHASE shall mean and refer to PORTFOLIO RECOVERY ASSOCIATES, LLC, and/or its predecessor, CHASE, and/or any collection agent or agency purporting to present PORTFOLIO RECOVERY ASSOCIATES, LLC or CHASE, as to this account) that the credit card for THE CREDIT ACCOUNT was lost and stolen?

Answer: Objection. This interrogatory is not applicable to me. Without waiving objection,  I state that I was not aware of the existence of THE CREDIT ACCOUNT, and/or the idea that THE CREDIT ACCOUNT was lost or stolen. Therefore, no report was made in writing by me to CHASE

 

Interrogatory No. 10: Did you ever report in writing to CHASE or PORTFOLIO RECOVERY ASSOCIATES, LLC that there was any problem with THE CREDIT ACCOUNT, which problem remains unresolved?

Answer: I did not aware of THE CREDIT ACCOUNT, and as a result, did not report in writing any problem to CHASE or PORTFOLIO RECOVERY ASSOCIATES, LLC before filing date, the date this action was initially  filed in court.

 

Interrogatory No. 11: Did you receive periodic statements from CHASE regarding THE CREDIT ACCOUNT?

Answer:  Deny.

 

Interrogatory No. 12: State the approximate date of your last payment to CHASE on THE CREDIT ACCOUNT.

Answer:  Objection. This interrogatory is not applicable to me and contains a premature assumption that THE CREDIT ACCOUNT belongs to me. Without waiving objection, I state that I did not make any payment on THE CREDIT ACCOUNT.

 

Interrogatory No. 13: Have you ever corresponded with CHASE in writing regarding THE CREDIT ACCOUNT?

Answer: No. I wasn't aware of THE CREDIT ACCOUNT, and as a result, did not make any written correspondence  with CHASE regarding said account.

 

Interrogatory No. 14: Have you ever corresponded with PORFOLIO RECOVERY ASSOCIATES LLC in writing regarding THE CREDIT ACCOUNT?

Answer: Yes.  I wrote to PORTFOLIO RECOVERY ASSOCIATES LLC after I was served the Summons and Complaint, requesting for Debt Validation and proof that PORTFOLIO RECOVERY ASSOCIATES LLC had the legal authority over THE CREDIT ACCOUNT.  I also wrote to PORTFOLIO RECOVERY ASSOCIATES LLC demanding it to void the Cancelation-of-Debt Tax Form.

 

Interrogatory No. 15: State all facts upon which you base your denial of the complaint in this action

Answer:

a)      According to details on statements of THE CREDIT ACCOUNT and the data sheet provided by Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC,  THE CREDIT ACCOUNT belongs to someone else. (Side note: My brother's name is on the statement and  there was a cash advance check $k made out to his name only)

B)      I did not apply, charge, or paid for THE CREDIT ACCOUNT.

c)      I have never agreed to the terms and conditions, by contract or by implication, of THE CREDIT ACCOUNT.

d)     I have never entered any contract or agreement, by written agreement or by implication, with PORTFOLIO RECOVERY ASSOCIATES, LLC.

e)      I did not receive any pre-trial statements and/or notifications from PORTFOLIO RECOVERY ASSOCIATES, LLC, regarding THE CREDIT ACCOUNT.

f)       I lived at a different address than the address shown in statements of THE CREDIT ACCOUNT during the time period of such statements. (side note: I have rent/lease agreement and few letters mailed to a different address, where I actually lived during the 12 months of the statements)

 

Interrogatory No. 16: State all facts upon which you base each affirmative defense to the complaint in this action.

Answer:

a)      According to the details on statements of THE CREDIT ACCOUNT and the data sheet provided by Plaintiff, PORTFOLIO RECOVERY ASSOCIATES LLC,  THE CREDIT ACCOUNT belongs to someone else.

B)      I did not apply, charge, or paid for THE CREDIT ACCOUNT.

c)      I have never agreed to the terms and conditions, by contract or by implication, of THE CREDIT ACCOUNT.

d)     I have never entered any contract or agreement, by written agreement or by implication, with PORTFOLIO RECOVERY ASSOCIATES, LLC.

e)      I did not receive any pre-trial statements and/or notifications from PORTFOLIO RECOVERY ASSOCIATES, LLC, regarding THE CREDIT ACCOUNT.

f)       I lived at a different address than the address shown in statements of THE CREDIT ACCOUNT during the time period of such statements.

g)      I did not receive any pre-trial statements regarding consumer rights which are protected under FAIR DEBT COLLECTION PRACTICE ACT.

h)      I did not receive any pre-trial statements and/or notifications from PORTFOLIO RECOVERY ASSOCIATES, LLC, regarding its intention to bring legal actions against me.

 

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ADMISSIONS;

 

1.      NAME had a credit account number  1111111111.

Deny. 

 

2.      Credit account number 1111111111 was issued to NAME by CHASE

      Objection.  I cannot deny or admit an act done by CHASE, which I did not have knowledge of.

 

3.      NAME received periodic statements regarding credit account number 1111111111 issued by CHASE

      Deny.

 

4.      As of on or about FILING DATE, the balance owed by NAME the credit account number 1111111111was $10K.

Deny 

 

5.      NAME has not made any payments on credit account number 1111111111 since FILING DATE

Objection.  This Request calls for legal conclusion. Without waiving objection, I state that I have never made any payment to the alleged account.

 

6.      NAME  submitted a payment toward the outstanding debt on credit account number 1111111111 within the three(3) years immediately prior to FILING DATE.

Deny. 

 

7.      CHASE assigned account number 1111111111 to PORTFOLIO RECOVERY ASSOCIATES, LLC.

Objection.  I cannot admit or deny an act done by CHASE. I do not have knowledge of said assignment.

 

8.      NAME received through the U.S. mail a pre-legal notification from PORTFOLIO RECOVERY ASSOCIATES, LLC regarding credit account number 1111111111

Deny.  

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Interrogatory No. 1:  Did you ever submit a request for a credit account to CHASE?

            Answer: Objection. This request is too broad and unclear. It lacks specificity to which credit account or type of credit requested.

 

Interrogatory No. 2:  Did CHASE issue a credit account number 1111111111 in your name?

Answer: Objection. I do not have knowledge of what CHASE did/does.

 

Interrogatory No. 3:  State the approximate date you open THE CREDIT ACCOUNT (for the purpose of these interrogatories, THE CREDIT ACCOUNT shall mean credit account issued to you by CHASE account number 11111111111)

Answer:  Objection. This interrogatory contains a premature assumption that THE CREDIT ACCOUNT was issued to me. Without waiving objection,  I  state that I did not open or do not recall opening THE CREDIT ACCOUNT . This interrogatory is not applicable to me.

 

I would recommend answering these as: After a reasonable inquiry and diligent search the Defendent states that he has no records of (whatever they're asking for)

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