mikeinsiam

Answers for Credit Card Lawsuit Interrogatories, Admissions, and Production of Documents

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Hello, this is my first post. I received a request for admissions, interrogatories, and request for production of documents. I found this previous thread and used it as my basis for responses.  I tried to write everything as verbatim as possible. 

I am in the State of Pennsylvania. I am assuming compounded interrogatories are allowed. (Please reference Interrogatory No.3) 

Also, I am not sure if I need to provide three separate response pages for the admissions, interrogatories, and production of documents. I have already formatted three separate pieces of paper with the answers. 

Any suggestions would be greatly appreciated.

 

Request for Production of Documents

1. Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entires, diaries, charts, lists, phone records, data compliations etc.

Response: 

Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

2. Produce any and all documents you intend and/or provide testimony on as evidence at the time of trial.

Response:

 

Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

 

Request for Admission

1. Defendant applied for the credit card referenced in the complaint. If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial.

Response: 

Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

2. Defendant has failed to make all required payments on the credit card. If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial.

Response:

Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

3. The attached monthly statment correctly identifies the payments, charges, and balance on the account. If the answer to Reqeust for Admissions No. 3 is "denied" then supply copies of cancelled checks, both front and back, and/or if not available, specific written documenation supporting the denial.

Response: 

Denied.  Attached information is incomplete. The information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

4. Defendant has no submitted any written dispute as to the billing inaccuracy concering the credit card in question during the time the account was opened on September 1, 2007 until the last payment date of September 20, 2013. If the answer to the Request for Admission No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies.

Response:

Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

5. $9,319.73 is the correct and accurate balance of the credit card account in question at the time the account was charged off. If the answer to Reqeust for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. 

Response:

Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

6. Please admit that you agreed to pay Plaintiff's predecessor all amounts due resulting form the use of you credit card account, including any finance charges and other charges due under the terms of the agreement. If the answer to reqeust for admissions No. 6 is "denied" then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account

Response:

Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statment of account, invoice or other request for payment showing all transaction s billed to your account during the billing period. If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account.

Response: 

Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request.   Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

Interrogatories

1. Please identifiy the person(s) answering these Interrogatories

Answer:

My name

2. Please identify each and every person that has assisted you in responding to these interrogatories

Answer:

No one else

3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit, please:

a. State each fact known to you upon which you rely to support your denial or qualified answer;

b. If you response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; 

c. Identify each document known to you which you believe contains information relevant to your answer; and

d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the infromation you believe is known to them with respect to you answer. 

Answer:

The Request is Unintelligible. Discovery is ongoing. Defendant's preparation for trial is not complete at this time.

4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense please:

a. State the factual basis that supports your defense;

b. Identify each document known to you which you believe contains information relevant to your defense: and

c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense.

Answer: 

The Request is Unintelligible. Discovery is ongoing Defendant's preparation for trial is not complete at this time.

5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s).

Answer:

No, I never requested Plaintiff’s predecessor to open a credit card account.

6. Are you aware of any credit card accounts with Plaintiff's predecessor opened in your name? If so, please state the credit card account number (s). 

Answer: 

Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing and defendant denies the request until such time as sufficient information is known to make a different response. Interrogatory is compounded and contains subsections.

7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff's predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance.

Answer:

Defendant denies allegation. The information known or 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.

8. Has Plaintiff's predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral.

Answer: 

Defendant denies allegation. The information known or 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. 

9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent?

Answer:

Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response.

10. If you keep records of purhcases or payments with respect to your credit card account with Plaintiff's predecessor, do these records show a blance owing on the account? If so, what is that balance?

Answer:

Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response.

11. Is there any portion of Plantiff's claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do owe the rest of Plaintiff's claim.

Answer:

Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response.

12. If you claim that the account on which Plaintiff is suing is inaccurate, specific each inaccuracy and any facts that support your conclusion that the account is inaccurate.

Answer: 

Defendant has denied allegations, burden of proof lies on Plaintiff. Defendant's preparation for trial is not complete at this time.

 

 

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Who is suing you and for how much?   How you answer depends heavily on that information.

Also it is a REALLY bad idea to use the same cut and paste answer for every one all it does is anger the court and get labeled non-responsive.  You need to be slightly creative in your denials and objections to their questions.

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Okay, 

I am in the State of Pennsylvania. Portfolio Recovery Associates, a third party,  has filed the lawsuit for a credit card debt. The original debt was to US Bank. The amount in question is 9,300$

 

I have been advised to file a motion to compel binding arbitration by a private party, JAMS, wit the hope of PRA not following me into arbitration due to their costs involved. I was told that my costs would be capped at 250$. 

 

I wanted to get a second opinion on this advice, so to see if the general consensus seems to be the same. 

 

Any and all advice would be greatly appreciated.

 

Thanks again

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Yes, arbitration will make them go away.  Your costs in JAMS are capped at $250.00.  

I would file the MTC Arb ASAP.  And, don't respond to their discovery if you are using the arb strategy.  That could be construed as engaging in litigation, thereby waiving your arb rights (state case law on this can vary).  Instead, object to their discovery on the basis that the correct venue is arbitration in JAMS, and that all discovery between the parties should be deferred to that forum.   But file the MTC Arb first, so your objection has legs to stand on.

 

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On ‎3‎/‎2‎/‎2016 at 8:10 PM, Clydesmom said:

Also it is a REALLY bad idea to use the same cut and paste answer for every one all it does is anger the court and get labeled non-responsive.  You need to be slightly creative in your denials and objections to their questions.

Also it is REALLY a bad idea to use these responses, period. They are awful.

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