SUED BY MIDLAND, I NEED HELP WITH MY INTEROGATORIES

[Newbie Need Help]

Hello, 

I just joined this forum and I am new. I LIVE IN MICHIGAN.  I got served with a suit from Midlund Funding for 2 CC debts that I owe. I filed an answer and our trial date is set for April 2, 2015.  I just got their interogatories in the mail. I have about 3 wks to answer them and prepare mine for them. I will go line by line for you if you need me to. I just need help in answering them. They have nothing except for a receipt for 1 of the old accts and an affidavit for the other along with a receipt. In the interrogatories, they are asking BASICALLY For me to GIVE THEM ALL THE INFO THEY NEED TO WIN MY CASE FOR THEM. AND I HAVE ACTUALLY CALLED BOTH COMPANIES AND THEY SAID THEY HAVE NO RECORD OF MY OLD ACCTS AT ALL, Because they were charged off. I DONT KNOW HOW TO TYPE up my answers but I have been on here reading a lot and you seem to know a lot and also, they are doing exactly what you said they would do in some of your posts.JUST ABOUT ALL OF THEIR QUESTIONS, ARE OBJECTIONABLE AND THE OTHER ONES ARE ASKING ME TO ADMIT TO THINGS I WILL NOT BC I DO NOT EVEN KNOW IF THESE 'SAID' ACCT NUMBERS ARE THE ACTUAL ONES WITHOUT MY ORIGINAL CONTRACT AND/MY BILLS AND THE AMTS ARE NOW INFLATED. I also need to know how many times can they send me interrogatories and how do I type up my interrogatories for them to answer and demand them to produce contracts and receipts that I know they do not have. what they have included thus far, is absolutely ridiculous.  Also, how do I subpoena their witnesses. please please help me.. Even if there are templates for me to follow.  

 

[Clydesmom]

In the interrogatories, they are asking BASICALLY For me to GIVE THEM ALL THE INFO THEY NEED TO WIN MY CASE FOR THEM. 

 

Well of course they are.  Getting the actual records requires they spend money and of course they probably know the OC doesn't have the records anymore.  Just because they ask doesn't mean you have to actually do it.

 

I DONT KNOW HOW TO TYPE up my answers but I have been on here reading a lot and you seem to know a lot and also, they are doing exactly what you said they would do in some of your posts.

 

DO NOT cut and paste the same answer to all their Rogs.  Tailor each response just enough so that WHEN they do object the court will be less than amused. (and they WILL object when you don't roll over on them)

 

I also need to know how many times can they send me interrogatories 

 

They can send them as many times as they need to if you don't answer.  Once you answer them they can ask the court to compel answers (do not let this scare you) but the reality is the court cannot compel you to produce documents you do not have or to admit to things you do not know.

 

how do I type up my interrogatories for them to answer and demand them to produce contracts and receipts that I know they do not have.

 

You have to follow the court procedure for submitting your Rogs and production requests.  If you do not know how to do this hire a lawyer.  This is not something that you can necessarily learn on short notice.  Same with issuing a subpoena because if they intend to use someone as a witness you don't need to subpoena them the Plaintiff will do it. 

 

Here is a sample one that I have created.

 

1.  Admit that plaintiff lacks documentation/evidence to reasonably sustain their claim in a (your state) Court that the defendant owed/owes a debt to the plaintiff or any creditor identified in the complaint.

 

2.  Admit that plaintiff (JDB) lacks standing to sue on the account alleged in the complaint.

 

3.   Admit that the plaintiff lacks sufficient documentation that (JDB)  is the true and rightful owner of the specific account alleged in the complaint as belonging to the defendant.

 

4.  Admit that the affiant(s) in any affidavit in the possession of the plaintiff lacks personal knowledge of the account in the complaint alleged to belong to the defendant.

 

5.  Admit that plaintiff added interest in the amount of $amount.

 

6.  Admit that plaintiff lacks documentation supporting their claim that defendant has ever owed a debt related to an account for which the Plaintiff is legally entitled to collect on.

 

7.   Admit that plaintiff (JDB)  has never contacted defendant via any correspondence regarding the alleged account.

 

8.  Admit that the plaintiff has never had a contract with the defendant on this or any other account alleged in the complaint.

 

9.  Admit that plaintiff does not employ anyone with personal knowledge sufficient to legally verify the accuracy of business records of (original creditor).

 

10.  Admit that plaintiff added interest at a rate in violation of (state law if applicable) and which the defendant was not contractually obligated to pay.

 

 

DOCUMENTS TO BE PRODUCED

 

1.  Provide the actual credit card contract at the time the alleged account was opened and upon which your complaint is based on including the contractual interest rate, grace period, finance charges, and specifically the State Laws that agreement and account are governed plus other important facts

2.  Provide the contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and is legally entitled to collect specifically on the debt allegedly owed by the Defendant.

3.  Furnish the original or copies of the assignment agreement or assignments agreement, transferring the alleged contract and specifically the account alleged in the complaint Original Creditor and (JDB).

4.  Provide copies of specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a credit agreement between the Plaintiff and Defendant.

5.  Produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.  Provide copies of the amount(s) paid in the debt purchase for the alleged account.

7.  Provide a document or document(s) that prove you sent the Defendant a notification of assignment of the account or assignment of rights.

8.  Attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

9.  Attach copies of all statements generated in the first 3 months of account activity after inception and the last 6 months of alleged account activity prior to the alleged default.

10.  Attach a complete and accurate history of the interest charged on this alleged account with Plaintiff.  Show the exact dates those interest rates changed and list the actual rates that were charged during this debt and the exact method of amortization.

11.  Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

 

Defendant's First Interrogatories To Plaintiff

 

1.  State with factual particularity the basis for your claim that the defendant owes an alleged debt to the Plaintiff.

2.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

3.  Identify the number of payments and amount of every payment made toward the underlying contract by the defendant, or made by any other party on defendant’s behalf.

4.  Identify all documents and/or correspondence either sent to, or received from, the Defendant or relevant to this matter.

5.  Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Complaint, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

6.  Identify all documents, by title and date, which you contend evidence or tend to support the assertions and allegations as set forth in your Complaint, and provide the name, address and telephone number of the current custodian for each such document.

7.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

9.  State the amount you contend Defendant owes Plaintiff and describe how you calculated that amount.

10.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Plaintiff's answer.

11.  State each and every fact upon which you based your allegation of the indebtedness claimed owed by Defendant.

12.  State with factual particularity the basis for the assertion of plaintiff’s standing.

13.  State with factual particularity the basis for your assertion that Plaintiff has a valid assignment.

14.  State each and every fact upon which Plaintiff claims that the Complaint is being prosecuted by the real party in interest.

15.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

[Newbie Need Help]

Thank you so much for your thorough and quick response. I will get started on typing these up tomorrow. I have a question: what is ROG? Does that stand for interrogatories?  and is there a certain format that I need to follow or a template that you could recommend for me to follow? Are you here in Michigan? I plan on doing this all myself. I don't have money for a lawyer right now. Also, do I file the Interrogatories and the documents to be produced together? Should I wait to answer the ones that they sent to me and also, do I TYPE my answers to theirs OR can I just give WRITTEN replies to each question. They are even asking for things that have NOTHING to do with the issue(s) at hand such as my bank acct info, my job info and my SS #. Would you like me to post a copy of the interrogatories?

[shellieh98]

Type out the questions, an we will help you answer. There is not one pat answer to give for them, and they try to trick you, so type each one out.

You will answer them on pleading paper ( looks like the court form they sent you, and you can make your own in word) you answer each rog in order, some type out their question, then put ANSWER, followed by your response.

[Brotherskeeper]

Thank you so much for your thorough and quick response. I will get started on typing these up tomorrow. I have a question: what is ROG? Does that stand for interrogatories?  YES and is there a certain format that I need to follow or a template that you could recommend for me to follow? Look at the format of the requests you received from the Plaintiff, including any instructions. Are you here in Michigan? I plan on doing this all myself. I don't have money for a lawyer right now. Also, do I file the Interrogatories and the documents to be produced together? You do not "file" discovery requests with the court. You certainly may combine all of your discovery requests to send to the plaintiff. Should I wait to answer the ones that they sent to me and also, do I TYPE my answers to theirs OR can I just give WRITTEN replies to each question. You must follow Michigan Court Rules. See MCR 2.309(2).  They are even asking for things that have NOTHING to do with the issue(s) at hand such as my bank acct info, my job info and my SS #. Would you like me to post a copy of the interrogatories? YES, for help. Know when your deadline to respond is. Failure to respond to Admissions by the deadline means you admit to them.

To respond to Plaintiff's requests you retype each of plaintiff's numbered Interrogatories. Example: Interrogatory #1: then the exact text of the ROG. Underneath you type Answer to Interrogatory #1:, then type your answer. http://courts.mi.gov/Courts/MichiganSupremeCourt/rules/Documents/CHAPTER%202.%20CIVIL%20PROCEDURE%20%28entire%20chapter%29.pdf

 

Rule 2.309 Interrogatories to Parties

 

( Answers and Objections.

(1) Each interrogatory must be answered separately and fully in writing under oath. The answers must include such information as is available to the party

served or that the party could obtain from his or her employees, agents, representatives, sureties, or indemnitors. If the answering party objects to an

interrogatory, the reasons for the objection must be stated in lieu of an answer.

(2) The answering party shall repeat each interrogatory or subquestion immediately before the answer to it.

(3) The answers must be signed by the person making them and the objections signed by the attorney or an unrepresented party making them.

(4) The party on whom the interrogatories are served must serve the answers and objections, if any, on all other parties within 28 days after the

interrogatories are served, except that a defendant may serve answers within 42 days after being served with the summons and complaint. The court may allow a longer or shorter time and, for good cause shown, may excuse service on parties other than the party who served the interrogatories.

 

 

Here is a sample of instructions that I believe came from Michigan poster AntiqueDave:  

 

<Required Court Heading>

DEFENDANT’S REQUESTS FOR PRODUCTION OF DOCUMENTS, INTERROGATORIES AND ADMISSIONS TO PLAINTIFF

 

Defendant in Pro Per, <your name here>, in accordance with MCR 2.309, 2.310 and 2.312, submits to Plaintiff <as listed exactly on Complaint> the following requests for Production of Documents, Interrogatories and Admissions. The written responses and/or documents produced in response to these requests must be served upon the Defendant by delivering them to Defendant’s residence at <your address>, within twenty-eight (28) days from the date of service.

 

In answering these Interrogatories, Plaintiff must furnish under oath all requested information, not subject to a valid objection, that is known by, possessed by, or available to you or any of your attorneys, employees, consultants, representatives, or other agents. If Plaintiff is unable to answer fully any of these Interrogatories, you must answer them to the fullest extent possible, specifying the reason(s) for your inability to answer the remainder, and stating whatever information, knowledge or belief you have concerning the unanswerable portion.

 

Each lettered subpart of a numbered Interrogatory is to be considered a separate Interrogatory for the purpose of objection. Plaintiff must object separately to each subpart, and if you object to less than all of the subparts of a numbered Interrogatory, then you must answer the remaining subparts. In addition, if Plaintiff objects to an Interrogatory or a subpart thereof as calling for information which is beyond the scope of discovery (e.g., "not reasonably calculated to lead to the discovery of admissible evidence," "work product," "unduly burdensome," etc.) you must, nevertheless, answer the Interrogatory or subpart thereof to the extent that it is not objectionable.

 

In responding to this Request for Production of Documents, furnish all documents available to you, including documents which you are able to obtain with due diligence from your present or former attorneys, accountants, investigators, employees, agents and persons acting on your behalf. Please number each document, and produce copies of both front and reverse sides of each document where appropriate.

 

If you claim privilege, confidentiality or any other protection from disclosure as to the production of any documents described in this request that you refuse to produce, please produce a schedule which lists the author, date, the intended recipient, each person who received a copy, a brief description of contents, and a specific explanation of the privileges or other reason production is refused.

 

If you contend that documents responsive to this request did exist but no longer exist or cannot be located, please produce a schedule which states in detail the disposition of each document to the best of your knowledge, including its last known whereabouts, its custodian, and the circumstances surrounding its disappearance or destruction.

 

Where information is requested which is not in Plaintiff’s actual possession, but is available to you, a complete response will indicate the nature of the information, where it is located, and the full and complete name, address and telephone number of the person(s) who should be subpoenaed to provide the information.

 

Without being requested to do so by the Defendant, the Plaintiff must also amend any answer when it is discovered to have been incorrect when made or when it is discovered to be no longer true and circumstances are such that a failure to supplement is in substance a knowing concealment.  A party who has responded to a discovery request with a response that was complete when made has a duty to supplement seasonably the response when it learns that the original response "is no longer true and the circumstances are such that a failure to amend the response is in substance a knowing concealment." MCR 2.302(E)(1)( B )(ii). 

 

DEFINITIONS

 

The following words have the designated meanings:

(A)      “Account” means the indebtedness alleged in the Complaint.

( B )      “Communication” means any contact between two or more persons and shall include, without limitation, written contact, written contact by document, and oral contact by such means as face-to-face meetings and telephone conversations.

( C )      “Contend” or “Contention” means to maintain, assert or claim to be true or existing.

(D)      “Custodian” refers to the person(s) having possession, custody or control.

(E)       “Default” has the same meaning as used by Plaintiff in the Complaint.

(F)       “Finance charges” has the same meaning as “finance charge” under 15 U.S.C. § 1605.

(G)      “Natural Person” means a human being.

(H)      “Original Issuer” is the Person who opened the Account for Defendant.

(I)         “Person” means any entity and includes, without limitation, a Natural Person, sole proprietorship, limited liability company, government or governmental subdivision, and any type of partnership, corporation, association, organization, institution, or firm.

(J)         “Record” includes all recorded information which concern or relate to the Account, including “documents” as used in MCR 2.310(A)(1) and MRE 803(6).

(K)      “You,” “your”, “yours”, “yourself” refers to the Plaintiff, and its agents, servants, employees, representatives, attorneys, and all other persons acting on Plaintiff’s behalf; the use of such terms shall not be construed so as to limit the information provided to that which is within the personal knowledge of such party.

[Newbie Need Help]

Thank you all so much for your help and responses. I am in the process of preparing my interrogatories. But, I have a question, Shouldn't I file a proof of mailing just to cover my butt with the court and list all of the documents that I am sending to the plaintiff?!

[Newbie Need Help]

One more question, do I have to sign my interrogatories before sending them in front of a notary? should I get them notarized? 

[Newbie Need Help]

Can you please also give me the proper wording for the questions that I have for them? Thank you all sooooo much!!! You guys are terrific!!!!!!!

[Newbie Need Help]

my discovery is only open till March 2. can you please tell me that they cannot send anymore things for me to answer after this and also can someone help me have an opening and closing statement just in case. I don't think I will need it. but I just want to be prepared. thank you. and also, what is the limit on interrogatory questions I can ask them?

[Newbie Need Help]

@ Brotherskeeper, thank you so very much. This is becoming much more clearer to me. Thanks to what you posted earlier.

[Newbie Need Help]

Should I play a waiting game and send them their interrogatories BEFORE I send them the answers to the ones they sent to me? Or just mail them both the same day?? At any rate, I am not going to mail either one until next week, because my discovery is only open until March 2. I am happy about that

[Newbie Need Help]

okay here are the questions that I am having trouble with. the wording of them..I will not post them all bc I think I have done enough research on this site to know how to combat some of their requests and/or questions:

Here goes:

state your full address and phone number

 

state your SS #

 

state name, address, telephone # of current employer

 

state the position you hold with your present employer

 

admit that you made purchases with a XXX bank credit card with the acct ending in XXXX

 

state if your response to request for admission no.2 was anything other than an unqualified admission, please state the basis for such denial

 

admit that, prior to commencement of the present lawsuit, you never objected to the balance or charges listed on the monthly statements provided by OC

 

If your response was anything other than admission please state the dates and amounts of the balances objected to and the dates that you reported any objections to OC

 

Attach any of the alleged objections

 

admit that the balance remaining due and owing on the OC account ending in XXX is for $XXXX( Now mind you, I never told them this but, I called the company in question and they have ABSOLUTELY NO RECORDS OF ANY OLD ACCTS)

 

Admit that you have failed to make payments as required by the credit card agreement on said account XXXX

 

Admit that no one else is requesting payment from you on this acct at this time.

 

 Also, in my original filed answer, I had wrote that I would have to check receipts and also had tried to set up payment arragements with OC. but these JDB have attached nothing except an affidavit to one of the suits and just a receipt to the other with an amount on it. NOTHING CONCRETE AT ALL. Like I told the judge during pre trial, I cannot admit to an amount or even owning an account with no valid proof of this said account number without seeing an original contract with my name AND THIS acct number they have provided and these amts are bogus. I have never owed these amts to anyone.

[Newbie Need Help]

I put DISAGREE AND I DONT KNOW ON MY ORIGINAL ANSWER TO THE COURT

[shellieh98]

Posted Today, 04:08 PM

Here goes:

state your full address and phone number

Objection, plaintiff asking for information not relevant to this action, and is personal and priviate information. Without foregoing objection defendants name is xxxxx, and address is xxxxxx.

(They have no reason to have your phone number)

state your SS #

Objection on the grounds it is personal and priviate and confidential information, and not likely to lead to any discovery.

state name, address, telephone # of current employer

Objection on the grounds it is personal, priviate, and confidential, not likely to lead to anything discoverable in this action.

state the position you hold with your present employer

Objection on the grounds it is personal and priviate, and nothing to do with the current action at hand.

admit that you made purchases with a XXX bank credit card with the acct ending in XXXX

Denied. After a diligent search and reasonable inquiry defendant has not been able to Discern this account with the information provided.

state if your response to request for admission no.2 was anything other than an unqualified admission, please state the basis for such denial.

(What was no. 2? You didn't number them)

admit that, prior to commencement of the present lawsuit, you never objected to the balance or charges listed on the monthly statements provided by OC

Objection. Plaintiff is assuming there is an account when none has been identified as belonging to defendant. Without forgoing objection, Denied.

If your response was anything other than admission please state the dates and amounts of the balances objected to and the dates that you reported any objections to OC

Objection plaintiff asking for information on an account that has not been identified as defendants.

Attach any of the alleged objections

admit that the balance remaining due and owing on the OC account ending in XXX is for $XXXX( Now mind you, I never told them this but, I called the company in question and they have ABSOLUTELY NO RECORDS OF ANY OLD ACCTS)

(They have no records because they charged it off and sold the account.)

Denied. Plaintiff is asking for information on an account that has not been identified

Admit that you have failed to make payments as required by the credit card agreement on said account XXXX

denied. Plaintiff asking for defendant to admit failing to make payments on an account that has not been identified by defendant. Furthermore plaintiff has failed to attach a credit card agreement they say is part of an account that they are suing defendant for.

Admit that no one else is requesting payment from you on this acct at this time.

Admit. Defendant can not identify "this account" subject of this action, no other person is asking him for money he does not owe.

Also, in my original filed answer, I had wrote that I would have to check receipts and also had tried to set up payment arragements with OC. but these JDB have attached nothing except an affidavit to one of the suits and just a receipt to the other with an amount on it. NOTHING CONCRETE AT ALL. Like I told the judge during pre trial, I cannot admit to an amount or even owning an account with no valid proof of this said account number without seeing an original contract with my name AND THIS acct number they have provided and these amts are bogus. I have never owed these amts to anyone.

Like This

[shellieh98]

You said you tried to set up payments with the OC in your answer? Never admit to that, hopefully that won't come back to bite you. If questioned you say it was not this account, I was confused, I have made payment arrangements on another account. I don't reconize this one.

You really need to study a thread that is pinned at the top by BMC100, he is from your state. I'm has some different rule of the court, so follow his lead. Read brothers keepers thread also, study them.

[Clydesmom]

Hang on @shellieh98 he can't deny anything regarding the existence of the original account based on this:

 

Also, in my original filed answer, I had wrote that I would have to check receipts and also had tried to set up payment arrangements with OC. 

 

In his answer to the suit he admitted that he had an account with the OC.  All that can be done now is challenge standing to sue.  The account exists and has been admitted to in the answer.  

[shellieh98]

Send out your requests ASAP. Send your responses a few days before they are due, don't want to give them more time to ask you more or ask you again if they give you more info

[shellieh98]

I saw that later clydesmom, but was confused because he also said he didn't reconize this account

I cannot admit to an amount or even owning an account with no valid proof of this said account number without seeing an original contract with my name AND THIS acct number they have provided and these amts are bogus. I have never owed these amts to anyone.

Op needs to clarify

[shellieh98]

Oh can he ammend his answer if that's the case @Clydesmom ?

[Brotherskeeper]

@Newbie Need Help

 

You wrote:

"...but these JDB have attached nothing except an affidavit to one of the suits and just a receipt to the other with an amount on it."

 

1.)  Is Account Stated listed as one of their causes of action in their complaint? 

 

2.)  If so, did you submit your own counter-affidavit of denial along with your answer?

 

We don't know what the complaint said, and what specifically you admitted to in your answer. You may not provide conflicting responses in your answer to their complaint and in your responses to their discovery without very good reason. If it has been more than 14 days since you submitted your answer, you'd need plaintiff's permission to amend your answer. If plaintiff denies, you must get permission from the court. 

 

This Michigan thread has info on amending an answer:

http://www.creditinfocenter.com/community/topic/324228-responding-to-discovery-request-pending-msj-lvnv-michigan/?p=1301075

[Newbie Need Help]

@ Brotherskeeper, no I did not file an affidavit with my original answer and no, I am not going to amend my answer, because I spoke with 2 attorneys yesterday and they BOTH said that the lawyer for the JDB needs to prove these accounts are mine with the original contract with my signature along with receipts and payments of how they came up with these amts. They also said with the interrogatories, they are basically going on a fishing expedition. I called the 2 cc companies and BOTH of them said they don't even have me in the system any longer so they could not give me my old acct numbers and/or my ending balances. . and also like one attorney said, "anybody can go dig in somebodies trash and find old receipts, so the 'receipt' they did attach to the lawsuits mean absolutely nothing." and he told me to send my interrogatories bc they are NOT use to lifting one finger for these old debts they buy and they are not even use to people filing an answer. So, I am going to just keep researching for on this site so I can be well rehearsed if it goes to trial. and in worse case scenario, I will have the money but they will not just get it for free

[Clydesmom]

I spoke with 2 attorneys yesterday and they BOTH said that the lawyer for the JDB needs to prove these accounts are mine with the original contract with my signature along with receipts and payments of how they came up with these amts. 

 

No they don't need a signed contract.  The courts are well aware that in a credit card case there is no signed contract.  In the internet era there isn't even a signed application many times. 

 

If they sued for breach of contract they do not have to demonstrate how they came up with the amount either.  In fact the court won't ask for receipts either because YOU have the receipts for any purchases you made or cancelled checks for payments NOT the Plaintiff.  

 

If they sued for account stated they MIGHT have to prove how the amount was calculated.  By all means do not simply lay down and hand over the money but the reality is Michigan is creditor friendly and you would not be the first defendant to lose because the Judge simply ruled that you used the card and owed the money.  Scroll through the threads here and read how many times it has happened.

[bmc100]

To answer your question on another thread. Since the Plaintiff did not respond to your ROGS, you need to send them a Letter to Confer.

 

Did they send answers and object or did they not answer you at all?

 

If they object, they have to state the specific reason as to why they object. An objection can not be used as a default to providing an admission. If so, it acts as a admission. If I remember correctly.

[Newbie Need Help]

They didn't answer at all. All they sent me was a courtdate for summary judgement. What is a letter to confer and where do I get a template to follow? The for your help

[Newbie Need Help]

Also do I have to file a copy of the letter to confer with the court?