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Sworn Denial on Account - Help with Interrogatories


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I filed a Sworn Denial on Account and in Midland's Intewrrogatories asked these questions.  Need help in answering please....

 

 

 

1.           xxxxx's  “Sworn Denial on Account” states, “This is not a valid debt.”  Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?”

 

ANSWER: No ?

                                                                               

 

              9.         xxxxxxxx’s “Sworn Denial on Account” states, “If I am responsible for this debt, the amount sued for is incorrect.”  Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?”

 

ANSWER:  No ?

 

             11.     Blackwell’s “Sworn Denial on Account” states, “If I am responsible for this debt, it is barred by any applicable statute of limitations.”  Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?”

 

ANSWER: ?

 

 

            22.    Please state the following:

(a)                The name of each depository financial institution or bank with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008.  “Depository financial institution” is defined at I.C. § 28-9-2-6, and includes, but is not limited to commercial banks and credit unions.

ANSWER: After a reasonable inquiry and diligent search the requested documents are unavailable, lost or destroyed, and out of the control and custody of defendant.  The Financial Institution no longer has access to those records.  ?

 

(B)   The account number for each deposit account, financial institution account or bank account with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008.  “Deposit account” is defined at I.C. § 28-9-2-5, and includes, but is not limited to savings accounts and checking accounts.

 

ANSWER:  Objection on the grounds that it is personal, confidential, and private.  This interrogatory seeks information that is not relevant to any issue in this action, and information is not calculated to lead to the discovery of admissible evidence. Information is 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.  ?

 

 

          27.   State the names and addresses of all persons that you propose to call as a witness to testify at the trial in this litigation.

 

ANSWER:  Defendant at this time has no witnesses other than for the purpose of impeachment.  Discovery is still ongoing, if any witnesses become available in the future, he will disclose to the Plaintiff.

 

 

 

          28.  Please provide a detailed description of all documents and/or other evidence that you propose to introduce at the trial in this litigation.

 

ANSWER:  ?

 

 

Thanks!

 

 

 

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11.     Blackwell’s “Sworn Denial on Account” states, “If I am responsible for this debt, it is barred by any applicable statute of limitations.”  Are you, or any agents or persons acting on your behalf, aware of any fact, observation, document, or item of evidence that, either directly or indirectly, supports the allegations set forth in the above excerpt from Blackwell’s “Sworn Denial on Account?”

 

ANSWER: ?

 

 

If the debt is within the SOL, I'd answer with "no".

 

 

22.    Please state the following:

(a)                The name of each depository financial institution or bank with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008.  “Depository financial institution” is defined at I.C. § 28-9-2-6, and includes, but is not limited to commercial banks and credit unions.

ANSWER: After a reasonable inquiry and diligent search the requested documents are unavailable, lost or destroyed, and out of the control and custody of defendant.  The Financial Institution no longer has access to those records.  ?

 

 

They're not asking for documents.  They want the name of the bank.

 

( B)   The account number for each deposit account, financial institution account or bank account with which you transacted business for payment of bills from June 1, 2007 through October 31, 2008.  “Deposit account” is defined at I.C. § 28-9-2-5, and includes, but is not limited to savings accounts and checking accounts.

 

 

 

You said in your other thread that someone at the bank told you that records for that time period are no longer available.   When you spoke to that person, did you give them the account number, or did they have to look it up?  Do they even have a record of the account number?

 

 

27.   State the names and addresses of all persons that you propose to call as a witness to testify at the trial in this litigation.

 

ANSWER:  Defendant at this time has no witnesses other than for the purpose of impeachment.  Discovery is still ongoing, if any witnesses become available in the future, he will disclose to the Plaintiff.

 

 

If the only witness you plan to call is the JDB's custodian of records (or any other JDB employee), I'd provide those names.  

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When I spoke to the person at the bank, she had to look up the account by my social.  It is a closed account. I think they do have record of the account number but no documentation such as statements can be pulled she claims.  Can I answer the bank information question with,    Objection on the grounds that it is personal, confidential, and private.  This interrogatory seeks information that is not relevant to any issue in this action, and information is not calculated to lead to the discovery of admissible evidence. Information is 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.?

 

If I can't view my bank statements first I surely do not want them to have my account information.

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@parkwood1cb

 

Objection on the grounds that it is personal, confidential, and private.  This interrogatory seeks information that is not relevant to any issue in this action, and information is not calculated to lead to the discovery of admissible evidence. Information is 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.?

 

 

Is that how you answered the request before they sent you their recent objection?

 

Should I call the person who signed the affidavit as a witness?

 

 

If you can do the research and preparation to adequately question that witness, then I would.  But you also need to read your court rules about subpoenas.  IF you actually subpoenaed the witness, some rules require that you include a certain amount for expenses if the witness is out of the county or state.

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This was my original answer.  Objection. The information requested is not relevant to the action of this case.

 

They then stated that "requesting information concerning your usage of depository financial institutions and deposit accounts seek relevant information concerning the subject matter involved in the pending action and is resonably calculated to lead to the discovery of admissible evidence. This information is clearly within the scope of discovery.  Please see that the objection to these responses are removed and these responses are supplemented accordingly"

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@parkwood1cb

 

Well, to be honest, if they wanted to motion to compel the bank records, they could.  If the judge granted the motion, you'd have to give them the account number.

 

Right now, the judge has said that they haven't proven they own the account, so I don't know that he'd grant such a motion.

 

If it were me (this is all I can go by), I'd speak with several sources at the bank to make sure that the records cannot be accessed.   I'd ask if the records could be produced if a subpoena were issued.  If they can't be accessed, I might not have a problem with providing the account number.  But that's just me.

 

Even if they got the records and those records showed payments, they still have to prove to the judge's satisfaction that they own the account.  If the judge doesn't feel that they've proven that they own the account, the payments won't matter.

 

After all is said and done, it's your decision as to what to do and how to answer.

 

BTW, since person at the bank had to use your social security number, you might also want to find out if they still have a record of the account number.  If they don't, you could honestly answer that the account number is no longer available.

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