[Please help!] Answering Debt Collector's Special Interrogatories

[mangothetango]

Help! I am being sued for credit card debt by a 3rd party debt collector. In my summons response, I denied the allegations on the grounds that the plaintiff hasn't proven ownership of such debt.

This forum has been incredibly helpful for me when filling out the request for admissions and request for production but I am at loss on how to answer these specific interrogatories.

Thank you so much, any feedback will be tremendously appreciated!!

Special Interrogatory No. 1:

State all facts upon which you base your contentions that you owe nothing on the account .... if you make no such contention, do not answer this.

• Should I just re-state my affirmative defenses ? The plaintiff never proved that I entered into contract with the original creditor nor that they own the debt.
• The burden of proof should lie on the plaintiff not me right?

Special Interrogatory No. 2:

Describe each document that you believe supports your contention that you owe nothing on the account

Special Interrogatory No. 3:

State all facts upon which you base your contention that you owe less than the amount prayed for in the plaintiff's complaint on the account

• This seems like a trick question here. How would I respond to this? In my defense I don't  own this account at all, let alone owing "less"

Special Interrogatory No. 4:

Same as no# 2 but in relation to interrogatory No 3

Special Interrogatory No. 5:

State each of your affirmative defenses

• how is this different form the interrogatories above? I already stated these in my summons response

[Clydesmom]

Have they provided ANY documents to you or when filed as evidence yet?

 

[mangothetango]

Yes they provided 2 account statements from the original creditor

In my affirmative defense I asked for proof of the ownership of the debt and the original contract which they never provided

[Clydesmom]

9 minutes ago, mangothetango said:

In my affirmative defense I asked for proof of the ownership of the debt and the original contract which they never provided

You do not do discovery in your answer and ask for proof of anything.  If this is a credit card debt then there is no original contract and the courts know that.

[mangothetango]

I see, how would you recommend I respond to the interrogatory?

[Casper]

I was just reading this old thread about this very subject that may be of some help:

 

 

[Casper]

I was just reading this old thread about this very subject that may be of some help:

 

I also just bought this book about discovery, which is interesting:

 

https://www.amazon.com/gp/product/B0070ZN6P4/ref=ppx_yo_dt_b_d_asin_title_o06?ie=UTF8&psc=1

[Clydesmom]

Without knowing who is suing you giving a solid answer on how to answer is not possible.  Answers are crafted based on the facts of the case not generic tripe.