[digem007]

How should I respond to the Admissions below? Dont want to Jam myself up. Also at the end of this post is my discovery to be sent to them. Please tell me what you think about it good or bad and let me know if there is something that I may be forgetting.


Plaintiff is a limited liability company organized under the laws of Deleware, with office and principal place of business in Las Vegas, NV.

Defendant is a resident of Red County, NC.

Plaintiff sent a demand letter to the defendant on or about Dec. 1, 2007

The attached is a true and accurate copy of the demand letter.

This action was initiated on or about Jan. 31, 2008.

The defendant was served with copies of the summons and complaint herein on or about Feb. 10, 2008.

The parties hereto are properly before the Court and the Court has jurisdiction over the parties and the subject matter hereof.

The defendant entered into a written credit agreement with XYZ, the plaintiff’s predecessor in interest.

Defendant is in default under terms of that Account Agreement, in that said defendant has failed to make the required payments due.

The defendant’s account with XYZ was sold and assigned to the plaintiff herein, and the plaintiff is the owner of the debt.

The defendant is lawfully indebted to the plaintiff in the principal sum of 1,500.00.

The defendant made a payment of $200.00 on or about Feb. 1, 2005.

Defendant has no factual basis for his contention that the plaintiff is barred from pursuing this action by any applicable statue of limitations.

Defendant has no factual basis for his contention that the plaintiff is barred from pursuing this action because of failure of consideration.

The doctrine of assumption of the risk is not applicable to this debt and this action.

The plaintiff has committed no unlawful acts with respect to the defendant’s account.

Defendant is further indebted to the plaintiff for interest on said sum from and after Feb. 1, 2005, at the legal rate of 8% per annum.

The plaintiff is entitled to recover from the defendant all costs of this action.
**************************************
NOW MY DISCOVERY TO THEM:

Interrogatories

1. Identify every person who has or may have personal knowledge of the claims, defenses, or allegations in this lawsuit, including all persons you may call as a witness at trial.

2. State the name(s), business address(es) and job title(s) or capacity(ies) of the officer(s), employee(s) or agent(s) answering or providing any information used to answer each Interrogatory.

3. Has the Corporate Charter lapsed or been revoked by the Domiocile State? Provide a Certificate of Good Standing issued by the appropriate Department of the Domicile State.

4. Has the Plaintiff been admitted to conduct business in this state? Are all licenses and bonds in place, if required? Provide a copy of same as well as a Certificate of Good Standing from this state.

5. Identify the original creditor on the account and state all previous or alternative names used by the original creditor.

6. Identify all transactions on the account.

7. Identify your custodian or custodians of records.

8. State the dates of the last five transactions on the account and describe each transaction, including the transaction type and amount. Do not include any transactions that were an
interest charge, late fee, or over-limit fee.

9. Identify all documents you claim entitle you to ownership of the account.

10. Identify all documents you claim entitle you to collect any amount, including interest, other than the principal amount of the debt.

11. Identify all documents related to the debt or account that contain Defendant’s signature.

12. Identify the date the account was put into collection, and with whom.

13. Identify all previous owners of the account.

14. Identify all previous assignees of the account.

15. Identify all previous servicers of the account.

16. Does anyone else have a legal, equitable, or beneficial interest in the debt or account?

17. State the date on and manner in which you allege Defendant received or should have received notice of any and all assignments of the account.

18. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the document came into your possession, custody, or control, and identify the person
who received it, including the person’s position or job title.

19. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories.

Requests for Admission

2. Admit that the last transaction on the account was more than three years prior to the date you served Defendant with the Summons and Complaint.

3. Admit that there was no written agreement, signed by Defendant, between Defendant and the original creditor.

4. Admit that there was no written agreement, signed by Defendant, incorporating the terms of any credit agreement you allege exists in this case.

5. Admit that there is no written agreement between you and Defendant.

6. Admit Defendant has not consented to any assignment of the account.

7. Admit Defendant has not received notice of any assignment of the account.

8. Admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

9. Admit you were not assigned the original creditor’s obligations under the credit agreement.

Special Interrogatory
1. If you have answered any of the foregoing requests for admission with anything other than an unqualified admission, provide the following as to each response:

(a) Identify each and every fact on which you rely to support your response; and

(b) Identify each and every document on which you rely to support your response and attach copies of the documents.

Requests for Production of Documents
Defendant requests that you attach copies of all responsive documents to your responses. If this is not feasible or possible, Defendant requests to be permitted to inspect and copy all responsive documents at a mutually-convenient date, time, and place.

This request is intended to cover all documents in your possession or subject to your custody and control, regardless of location.

If there are no documents responsive to a request, please so state. If there are such documents, please list appended documents responsive to each request, as required by Rules of Civil Procedure.

If you withhold any documents because you object to them or claim a privilege, describe the nature of the document not produced and your reason for not producing it, as required by Rules of Civil Procedure.

These requests are deemed to be continuing in nature and you are advised of your duty to seasonably update all requests in accordance with the Rules of Civil Procedure.

1. Any and all documents identified in response to all sets of Defendant’s interrogatories, requests for admission, special interrogatory, and request for statements.

2. Any and all documents in your possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit.

3. Any and all documents relevant to Plaintiff ’s purchase of any debt allegedly owed by Defendant.

4. Any and all written agreements between you and Defendant that have been signed by Defendant.

5. Any and all written agreements between the original creditor and Defendant that have been signed by Defendant or that you allege bind Defendant regardless of Defendant’s signature.

6. Any and all documents that show any transactions on the account.

Request for Production of Statements
1. All statements made by parties and non-parties concerning the above action or its subject matter which are discoverable pursuant to the Rules of Civil Procedure.

[digem007]

WOW...where is the help when you really need it????

[cracrap]

give it time sparky..u posted a lot to absorb and ur post contains a lot of blah blah that needs to be waded through..no offense

[cracrap]

r u in district court? or small claims

[digem007]

Hey no offense taken. Thats why I am here ...to be set on the right path. By the way...in district court

[digem007]

Ok...since there are alot of views but no suggestions.........I know how I would answer some of the admissions. Are there some I should definitely object to and if so under what grounds?

[kccustom]

I am kind of in the same boat. Been busy trying to get my answers worked out as well to admissions and interrogs. I am in NC like you I think. Check this out if you haven't already from Credit Boards. I found the links to them in another post on here but can't remember which one.



http://creditboards.com/forums/index...2&st=0&start=0

Also if you haven't already read NC GS_1A-1,_Rule_36.html take a look. It's pretty specific as to how you can answer. Be very careful what you say basically. Of great importance is the section that says -

"An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny."

GS_1A-1,_Rule_36

Hope that helps.

[kccustom]

Board Message

Not sure why this link wasn't showing up but here is another on CB.

[Enigma]

Originally Posted by kccustom

I am kind of in the same boat. Been busy trying to get my answers worked out as well to admissions and interrogs. I am in NC like you I think. Check this out if you haven't already from Credit Boards. I found the links to them in another post on here but can't remember which one.



http://creditboards.com/forums/index...2&st=0&start=0

Also if you haven't already read NC GS_1A-1,_Rule_36.html take a look. It's pretty specific as to how you can answer. Be very careful what you say basically. Of great importance is the section that says -

"An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny."

GS_1A-1,_Rule_36

Hope that helps.

One possible answer is: "Defendant does not have in his/her possession, custody or control any documents in response to the aforementioned request."

[digem007]

Now I got hit with Interogatories. Looking for some good grounds for objections to any of these. Not quite sure how to word my response to items 3 and 4 either. Looking for any help that the gang can give.


1. If you refused to admit any of the Plaintiff’s First Request for Admissions, for each and every such refusal, state the following:
(a) The specific reasons, in detail, for your denial.
(b) All facts known to you which support your denial of such request.
(c) In summary, all legal contentions that you believe support your denial of the request.
(d) All statutory, case or regulatory authority upon which you rely in refusing to admit each such request.
(e) A description of any and all documents known to you that support your denial. In the alternative, you may identify such documents and attach copies thereof to your answers to these interrogatories.
(f) The full names, addresses and telephone numbers of all persons known to you who may have knowledge of the specific events and matters that relate to your denial.

2. Please set forth in detail and with specificity all facts known to you that tend to support your contention that this action is barred by any statute of limitations.

3. Please set forth in detail and with specificity all facts known to you that tend to support your contention that this action is barred by failure of consideration.


4. Please set forth in detail and with specificity all facts known to you that tend to support your contention that the plaintiff’s action is barred by assumption of risk.

5. Please state the exact amount that you contend is owed by you to the plaintiff, and state in detail all facts known to you that you believe support your contention as to the correct amount owed.

6. Please list all payments made by you on this account since opening, showing the amounts and dates of each and every such payment. If you will do so withouot the necessity of a motion to produce, please attach copies thereof (both front and back of all checks) to your answer to this interrogatory.

7. Is it your contention that the plaintiff failed to give you credit for any of those payments? If so, please enumerate the specific payments you contend were made by you that the plaintiff has failed to apply to your account, setting out the date, amount and manner of the alleged payment.

8. Please set out in detail all facts known to you which you contend justify your contention that any sum less than the amount claimed is he correct amount due.

9. Please identify and list all documents known to you which you believe may tend to support any other of your contentions with respect to this proceeding..

10. Please list names, address and telephone numbers of all persons known to you that you believe may have information or knowledge relevant to this action, or you may simply list any persons you may call as witness at any trial of this case. For each such person and/or witness, please state the general nature and substance of the testimony you would expect to elicit from that person.

[hannah]

What were your affirmative defenses on your answer?

[digem007]

The 3 mentioned in their discovery and 2 others that they didn't bother to call me on.

[gweedoh]

Here's something to get you started. Other's can chime in if any of my responses are out of line.

Originally Posted by digem007

Now I got hit with Interogatories. Looking for some good grounds for objections to any of these. Not quite sure how to word my response to items 3 and 4 either. Looking for any help that the gang can give.


1. If you refused to admit any of the Plaintiff’s First Request for Admissions, for each and every such refusal, state the following:
(a) The specific reasons, in detail, for your denial.
(b) All facts known to you which support your denial of such request.
(c) In summary, all legal contentions that you believe support your denial of the request.
(d) All statutory, case or regulatory authority upon which you rely in refusing to admit each such request.
(e) A description of any and all documents known to you that support your denial. In the alternative, you may identify such documents and attach copies thereof to your answers to these interrogatories.
(f) The full names, addresses and telephone numbers of all persons known to you who may have knowledge of the specific events and matters that relate to your denial.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that it seeks information that is work product. Furthermore, Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion.

2. Please set forth in detail and with specificity all facts known to you that tend to support your contention that this action is barred by any statute of limitations.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion.

3. Please set forth in detail and with specificity all facts known to you that tend to support your contention that this action is barred by failure of consideration.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion.


4. Please set forth in detail and with specificity all facts known to you that tend to support your contention that the plaintiff’s action is barred by assumption of risk.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion.

5. Please state the exact amount that you contend is owed by you to the plaintiff, and state in detail all facts known to you that you believe support your contention as to the correct amount owed.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion.

6. Please list all payments made by you on this account since opening, showing the amounts and dates of each and every such payment. If you will do so withouot the necessity of a motion to produce, please attach copies thereof (both front and back of all checks) to your answer to this interrogatory.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that Plaintiff is seeking information readily available to them. Furthermore, Defendant objects to this interrogatory on the grounds that it is a Request for Production and as such will not be answered here.

7. Is it your contention that the plaintiff failed to give you credit for any of those payments? If so, please enumerate the specific payments you contend were made by you that the plaintiff has failed to apply to your account, setting out the date, amount and manner of the alleged payment.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that it is a Request for Admission. Without waiving said objection, Defendant states as follows:
<provide enough detail to be able to identify specific payments made by you>

8. Please set out in detail all facts known to you which you contend justify your contention that any sum less than the amount claimed is he correct amount due.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion.

9. Please identify and list all documents known to you which you believe may tend to support any other of your contentions with respect to this proceeding..
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad and unduly burdensome. Moreover, Defendant objects to this interrogatory on the grounds that the information requested are work product. Furthermore, Defendant objects to this interrogatory on the grounds that Plaintiff seeks a legal conclusion. <state this only if it's true --> Without waiving said objection, Defendant states the requested information has already been provided in accordance with Fed.R.Civ.P. 26.

10. Please list names, address and telephone numbers of all persons known to you that you believe may have information or knowledge relevant to this action, or you may simply list any persons you may call as witness at any trial of this case. For each such person and/or witness, please state the general nature and substance of the testimony you would expect to elicit from that person.
Answer: Objection. Defendant objects to this interrogatory on the grounds that it is compound, overly broad, unduly burdensome and repetative. Moreover, Defendant objects to this interrogatory on the grounds that it requests information protected under attorney/client privilege and/or any other applicable privilege. <state this only if it's true -->Without waiving said objection, Defendant states this information has already been provided in accordance with Fed.R.Civ.P. 26.

[digem007]

Thanks for your response Gweedoh. However it appears that some of your responses do not seem appliciable to the interogatories.