Interrogatories,Admissions & Prod of Docs- help

anyone?

I'm bumping this back up to the top.

Hopefully Skydivr7673 or NASCAR_Devil will be along. They know way more about this than I ever could.

I'm pretty sure you want to answer with a "neither confirm or deny" type of answer to most of them. The ones that have me stumped are where they ask for your SSN, bank number, and all CC #'s. I would think you would not want to give it to them, especially the SSN. If they are collecting on a legitimate debt they should already have it?

I'd like to see what they have to say about the attorney and his comments about contracts not being required in NC too.

Oh, and it's GoldenBast, not GoldenBeast.

I wouldn't give out any personal info, such as SS#. I replied that "Defendant is not comfortable providing personal info", seemed to work out for me. Otherwise, just answer the questions with answers such as: "Defendant can not confirm or deny" OR, "Plaintiff has not supplied sufficient documentation to confirm or deny".

thanks for the responses! i really need help with these guys...

forgot to add that they also wanted a copy of a recent credit report...they can get it if they want it, right? why would they ask for it? it would cost me money to get it for them, therefore h*ll no!!

i answered the summons with the "can't confirm nor deny", so i was wondering if that response was okay on these requests too? would a motion to compel make me have to be specific and either deny or agree?

sorry goldenbast, thanks floridaron!

What is it with these idiot CA's?

They file suit against someone, then they try to make that person prove the case for them? Shazzers can certainly testify to that. A CA filed a "complaint for money", admitted to a judge they didn't have any proof the debt belonged to her, then tried to make her prove their case for them.

As you said, rkpatteson: Hell No!!!

I don't see how they can force you to proved a copy of a CBR report; they should be able to get that them selves. That is if they already have your SSN. I would probably tell them to go pound sand; however, I don't think you can write that on your response.

lol@go pound sand. :lol:

I don't think your obligated to purchase a credit report for them, there again, that's personal information which they are NOT entitled to until THEY prove they are legally able to collect this debt.

Try this :

TITLE 42 US CODE 408. STATES THAT:

" Whoever uses or compels the DISCLOSURE of the SOCIAL SECURITY NUMBER of any person in violation of the laws of the UNITED STATES shall be guilty of a FELONY and upon conviction thereof shall be FINED under TITLE 18 OR IMPRISONED FOR NOT MORE THAN 5 YEARS OR BOTH"

how does one pound sand? :)

anyway, since these clowns report on my credit report, can't they just place an inquiry if they want to see it? how do you guys think I should reply, private information?

What state are you in? You will need to make sure that your responses are in the correct format in compliance with your states Rules of Civil Procedure.


I would answer the requests for:
Quote:

thank you thank you NASCAR!!!! This is the stuff I need to make it sound like I mean business.

I'm in Nascar country...NC :)

Here's the link to NC's RCP

http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0001A

Thanks, I think I've got my answers covered now...

now for my interrogatories that I will send them...anyone have any knowledge of the "NC doesn't require a contract to proce CC debt"?

bumping for more feedback...

Just send them the list of your questions, include the same thing they did to you: to provide proof of any denial..let THEM provide you proof of this supposed law..I bet it doesn't actually exist. If you sent your DV in the 30 day period, you should countersue for continued collection activity since they can't legally continue to collect if you sent a timely DV.

Also, if they want specific denials then do this: I deny this allegation due to insufficient documentation on the part of the plaintiff proving such claim.

Thanks goldenbast!!! Question, can I coutersue at anytime? Or did I have to do it when I answered the summons? (I think I had to do it in my summons response, that was back in January)

Also, does anyone know since the Plaintiff failed to respond to my timely DV before they filed suit, would it be appropriate to call the person in their office who signed for my DV as a witness? They're asking me to identify all those that I plan to call as a witness in their interrogatories. I have this women's name on the Green card...I was hoping this would really p*ss them off!!

well, it seems a bit strange to me that "anything not specifically denied will be considered admitted". That to me makes no sense at all. You are the accused, and it is up to the PLAINTIFF to prove their claim against you. It is NOT up to you to prove it for them, nor is it for the court to assume guilt simply because the clowns that filed suit cannot follow the law and provide proof.

I wish I had seen this thread earlier.....before you sent in the answer. I would have recommended that you take a hard line with them and just deny everything. I would have then suggested that you refuse to provide personal information like SSN, and I would have stated in the response something like "plaintiff has filed suit against me, they should already have this information ahead of time as a matter of common sense, to ensure that they have properly identified the correct consumer as the target of this lawsuit. Further, it is federal law that no one can be compelled to disclose their social security number aside from the federal government."

As for your credit report, I would have flat-out denied it, saying exactly what nascar stated. I would also add to that "Plaintiff comes before this court claiming to be a legitimate creditor, claiming to hold right to collect a legitimate debt and alleging that defendant owes this debt. If these allegations were fact, then plaintiff should be able to pull my credit report by themselves like any other legitimate creditor and therefore should not need my help to obtain it."

Makes me wonder why they ask for your SSN--they are reporting on your credit report, right? Then they already have it.....

As for the subpoena, you certainly could have that done. I dont know how effective that would be in court, because you have the green signature card already and it shows the same information that you could obtain from calling that lady to testify that she signed for your letter. Also, it is quite likely that she "wont really remember" one specific letter from among all the mail that they receive. In which case, you really didnt do anything for your case. Definitely gather the documentation up--review the docket itself for this case and obtain the date that plaintiff filed the complaint with the court. Compare that to the date they signed for your DV letter. Keep this in mind, however, this will likely not stop your lawsuit. They can violate the FDCPA all day long, and it will not affect the specific question that is right now before the court--do you owe this debt. That is the question you need to address. Bring it up in court? Absolutely. Provide documentation? You betcha. Request that they provide the documentation now? ABSOLUTELY. But if they can prove their case right now, they will win. The violations can be sued over separately, as long as they occurred within the last year. Thats how much time you have to sue--one year from when the violation took place. I suspect that once they get word of you showing how they broke federal law, and as long as they cannot document their claims, that this will never see the courtroom. Once you get past the interrogatories, you will have a pretrial conference, and if they cannot prove their case, they will likely try to settle with you. MAKE THEM PRODUCE THE DOCUMENTATION or dont settle anything! If they cannot produce proper proof, then you want to motion for dismissal with prejudice. But while youre still in the discovery phase, you need to request production of documents, and in that request you want to ask for:

1--a signed contract or agreement proving that you entered into any agreement concerning this debt.

2--proof that the plaintiff has the legal right to collect this debt, either proof that they own it or proof that they are assigned by the current owner to collect.

3--proof that the plaintiff is licensed to collect debts in your state(if your state doesnt have this requirement, skip this one)

4--proof that you entered into any agreement to pay the plaintiff any amount of money for anything.

5--proof of how they arrived at the amount they claim as being owed.

6--complete payment history on the account, starting with the original creditor.

Generally, if you push the issue, they will have to prove their claims against you. This is why its so important that people dont just blow off a court date. Debt collectors that cannot produce a shred of documentation win default judgments every day in this country because people dont assert their rights.

thanks skydivr, i was looking for you last week, i knew you could help. the only thing i answered was their request for prod of docs...when they asked for my bank statements for the past 7 years, i objected that it was outside the scope of the trial to provide such documentation. when they asked for copies of all payments ever made and all correspondence I stated that defendant doesn't have any such documents and when they asked for my credit report i wrote defendant will not give out any private information. i haven't responded to their interrogatories or admissions, need to do it today. i was just going to right what goldenbast suggested since they want me to deny or admit. i'm typing up their questions now, can i send you a copy to get your input?

also meant to mention that i sent them my own interrogatories and request for prod of docs last week (wrote everything you mentioned) and 4 days later i received a copy of what they sent the clerks office, a request for an extension of 30 days. why do you think they responded with that so quickly? standard procedure? or a stall tactic because they don't have a case?

I just got off the phone with Zwicker and associates. The case worker there was trying to get me to pay a down payment on a debt that is past due with Chase. He said that the agency was retained by Chase to litigate the debt if need be. He said if I didn't pay by march 23 that they would commence arbetration over the phone and get a judgement on behalf of Chase. I live in MD am unemployed so I can't make the payment now. I had an 800 credit score and never missed a payment until loosing my career as a mortgage banker for the past 25 years. I have never heard of an arbetration over the phone. Can they do this?

sure, you can send it to my email--its the same as my screen name here at yahoo dot com. I do have to go get some work done, but I will be back in here in a few hours so I would be happy to look it over with you.

scubabumb--they cannot "get a judgment" with arbitration. A judgment can only come from a court. They can win a ruling in arbitration and then take that to a court and try to get a judgment, but they cannot "win a judgment" with arbitration.

I have never been through that process, I would definitely advise hanging around for a bit to see if one of our more experienced members with arbitration can drop in.

Quote:

Thanks skydivr, I sent you an email this morning.

I just sent you one back.....

This paragraph only applies if the compulsion is "in violation of the laws of the United States." Would such a discovery request (compulsion?) be in violation of any statute?