Notalawyer256

Need help Responding to Interrogatories State of MD

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I am not a lawyer and need assistance in responding appropriately. I only received the Interrogatories March 8th but am required to respond in 15 days after service which was arch 4th .  I have some answers but I have no clue as to if they are valid. I don't want to annoy the judge. However, I want to defend myself.  In some instances it's unclear what the lawyer is even asking...PLEASE HELP!

I believe a breach of contract exists  due to circumstances at the time the contract was initiated. I can go into further detail once I get to affirmative defenses and whether they should be included with the interrogatories or separately.

Below are the questions and some of my initial answers:

INTERROGATORY NO. 1:

If you intend to rely upon any documents, electronically stored information, or tangible things to support a position that you have taken or intend to take in the action, including any claim for damages, provide a brief description, by category and location, of all such documents, electronically stored information, and tangible things, and identify all persons having possession, custody, or control of them (Standard General Interrogatory No. 3). If you prefer, you may attach copies of all such documents to your answers to these interrogatories in lieu of describing each such document.

 

RESPONSE:

Objection: premature: Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Also, Interrogatory is compounded and contains sub parts.

 

INTERROGATORY NO. 2:

If you are relying on an oral statement or utterance for all or any part of your defense in this action, please describe in detail each such oral statement or utterance, include the identity of each person with relevant knowledge and state the dates of each oral statements and utterance.

 

RESPONSE:

 

INTERROGATORY NO. 3:

Identify each person, other than a person intended to be called as an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state the subject matter of the information possessed by each such person (Standard General Interrogatory No.1)

 

RESPONSE:

Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process

 

INTERROGATORY NO. 4:

If it is your contention that you are not indebted to the Plaintiff as alleged in the

Complaint or if you contend that you owe the Plaintiff only part of the amount claimed in the

Complaint, state the amount you claim is due and state the factual basis for your contention.

Describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention.

 

RESPONSE:

 

 

INTERROGATORY NO. 5:

If you contend that another person(s) or entity is responsible in whole or in part for the Plaintiffs claim or damages, then identify that person(s) or entity, and give a detailed statement of the facts upon which you rely for your contention.

 

RESPONSE:

Defendant objects to this Interrogatory on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant.

 

INTERROGATORY NO. 6:

Separately state the factual basis for each defense you have to the claims set forth in the pleadings.

 

REASON: See AFFIRMATIVE DEFENSE SECTION

 

INTERROGATORY NO. 7:

Itemize all payments made or tendered for the debt and/or contract at issue in this case by supplying the date, amount and form of each payment made. If any payment was made by check, also state the date the check cleared or was paid by the financial institution or bank that it was drawn on. Attach copies of all checks, receipts and/or other such proof of payment to your answers to these interrogatories

 

RESPONSE:

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply with this demand because the items demanded are not in plaintiff's possession, custody, or control. To the best of Defendant’s knowledge, the items demanded are more likely currently in the possession, custody, or control of Plaintiff's, therefore DENIED.

 

INTERROGATORY NO. 8:

State each and every date you communicated with the Plaintiff or the Plaintiffs agents, employees, or representatives in writing or orally, regarding matters relevant to the issues addressed in the pleadings or your defense, and for each such communication, identify the person with whom you communicated, describe the substance of the communication and identify any witnesses to the communication. If any communication was in writing, you may attach copies of all such communications to your answers to these interrogatories in lieu of describing such communications.

 

RESPONSE:

Defendants object to the Interrogatories and Requests for Production of Documents to the extent that they are overly broad, unduly burdensome, oppressive, and/or seek information that is not relevant to the issues in this lawsuit or reasonably calculated to lead to the discovery of admissible evidence. Also, Interrogatory is compounded and contains sub parts

 

INTERROGATORY NO. 9:

If you have a claim for setoff, recoupment or the like in this case, please describe in detail the factual basis for any such claim, itemize your damages related thereto and describe, or attach to your answers to these interrogatories, all documents that support your claim and your damages.

 

RESPONSE:  See AFFIRMATIVE DEFENSES Section

 

 

 

 

INTERROGATORY NO. 10:

If you contend that the Plaintiff did not perform all the obligations and duties it had under the contract or agreement at issue in this case, or under any statute or law, please describe the factual basis for this contention in full detail. If your contention is based on or supported by any documents, describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention.

 

RESPONSE:

Defendant objects to this Interrogatory on the grounds that the interrogatory assumes there is an agreement, and that defendant is part of an agreement. Also, Interrogatory is compounded and contains sub parts

 

INTERROGATORY NO. 11:

If your residence and/or mailing addresses have changed since entering into the contract or agreement at issue in this case, please identify each such address, the time frame for each such address, and the date and method you advised the Plaintiff of each such address.

 

RESPONSE:

Defendant objects to this Interrogatory on the ground that it Seeks information that is not relevant to any issue in this action; Seeks information not calculated to lead to the discovery of admissible evidence; Seeks information not relevant to any subject matter of this action.

 

INTERROGATORY NO. 12:

Identify each person whom you expect to call as an expert witness at trial, state the subject matter on which the expert is expected to testify, state the substance of the findings and opinions to which the expert is expected to testify and a summary of the grounds for each opinion, and, with respect to an expert whose findings and opinions were acquired in anticipation of litigation or for trial, summarize the qualifications of the expert, state the terms of the expert's compensation, and attach to your answers any available list of publications written by the expert and any written report made by the expert concerning the expert's findings and opinions (Standard General Interrogatory No. 2).

 

RESPONSE:

In response to this interrogatory requesting information about experts, no determination as to who may be called as an expert witness has yet been made (see Interrogatory 3 Response). I reserve my right to further supplement this response when such information is known to me. Also, Interrogatory is compounded and contains sub parts

 

INTERROGATORY NO. 13:

If you contend that any of the allegations set forth in the pleadings are incorrect; identify each incorrect allegation and give a concise statement of the facts upon which you rely for your contention that the allegation is incorrect. Describe, or in lieu thereof attach to your answers to these interrogatories, all documents related to or supporting any such contention.

 

RESPONSE: See Affirmative Defense Section

 

 

 

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Without knowing who is suing you, for how much etc. it is impossible to most accurately help you answer these.

 

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Understood Condensed Version:

Plaintiff is RAC - Regional Acceptance

Issue: I bought a car from a dealership. However, the contract was signed under duress and false pretense

I had a vehicle I wanted to trade in. The dealership (which is now out of business) stated they were having issues getting me approved. If they could make a deal they would call me. Fine. they called me I went in they had a deal for a different vehicle one I didn't like and the cost was higher. They stated because of the trade in being upside down I would have to get a more expensive vehicle for the lender to approve.

To sell me they let me take the vehicle for a few days to see if I liked it. I didn't I called and asked for my vehicle back. The sales person gave me the run around for a week. I finally went in to find out they had sold my trade-in and I was only left with the vehicle and a $910 car note. Which, I could not afford. I could not believe they had the authority to sale my car but, didn't know what to do about it. I live in a rural area there is no mass transportation so I need a car. I was frustrated but completely ignorant to the process.

I finally conceded and signed the contract in September. However, when I was issued the title it stated it was issued to me August 20th with the lien holder listed as RAC. How was a title issues with a lien holder 3 weeks before I signed a contract?

Moving forward: I made payments not always on time, sometimes split bi-weekly but always paid from Sept 2013-May 2015. $910 a month and approx. 18,200 in payments. I called to have the vehicle voluntarily repossessed. At that time the loan was $40k the original loan was $39k.  I was told when late the account accrues $20 per day until paid up. RAC sold the vehicle and received $16,400 and wants me to pay 24k.

My contention is the original contract is invalid. However, if the court declares it is valid then my contention is the portion of the loan I already paid should count toward the amount owed. They received $16,400 at auction and $18,200 from me. That is $34,600 leaving a balance of 4,400 not 24k.

I have my original contract, the title, I don't have a history of payments because I no longer have access to the account and my bank only goes back 18 months which leaves me with no history for 2013/early 2014.

I hope this information is more useful.

 

 

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7 hours ago, Notalawyer256 said:

I finally conceded and signed the contract in September. However, when I was issued the title it stated it was issued to me August 20th with the lien holder listed as RAC. How was a title issues with a lien holder 3 weeks before I signed a contract?

Legally they can back date the title to the date you took physical possession of the vehicle.

7 hours ago, Notalawyer256 said:

My contention is the original contract is invalid.

Based on what you posted it isn't.  Did you succumb to the high pressure sales tactics of the used car salesman?  You bet but proving it isn't a valid contract is going to be nearly impossible.

7 hours ago, Notalawyer256 said:

However, if the court declares it is valid then my contention is the portion of the loan I already paid should count toward the amount owed.

It does but you said yourself at the time you turned the vehicle in the balance was very high.  With a $910 car payment that tells me your interest rate was near 20%.  Plus even though you turned the vehicle in there is repossession fees, storage fees, towing, and auction fees.  All of that accrues interest until the date of sale at auction.  It isn't difficult to see how they are claiming that deficiency balance.

I highly recommend you hire a lawyer.  This is a complicated situation and not cut out for a pro-se defendant.

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@Notalawyer256

I would consult with Peter Holland, one of Maryland's best consumer lawyers.  He actually taught consumer law at the U of MD Law School for five years.  According to his website, he charges flat rate fees and in some cases, will work pro bono (for free),

http://www.hollandlawfirm.com/peter-holland/

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