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Answered Interrogatories

Date: Thu, 04/15/2010 - 08:22

Submitted by anonymous
on Thu, 04/15/2010 - 08:22

Posts: 202330 Credits: [Donate]

Total Replies: 19


In my (Defendant) first set of Interrogatories and Production Production #2 asked for signed original contracts, Plaintiff responded "After reasonable investigation, it has been determined that there are no documents responsive to this request, This ia because the card agreement between plaintiff and defendant was not signed". I live in Pa. is this grounds for a Motion to Dismiss With Prejudice.


That is true! BUT since they can't get a copy of a signed contract they can't charge interest and/or fees. I wonder if you can send an amended interrogatories and ask for signed receipts...my bet would be they can't get a contract they may not be able to get those as well. I'm not sure if you can ask for more stuff....


lrhall41

Submitted by goldenbast on Thu, 04/15/2010 - 15:58

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I did ask for signed copies of receipts in the interrogatories and they stated it was too burdensome. Also, the validating clerk when I stated in my response to Plaintiff's interrogatories that I would call her as a witness (validation was not notarized) I now have a new validation with a different clerk attached to the response to my interrogatories-- I think they original validation was madeup by the law firm.


lrhall41

Submitted by on Thu, 04/15/2010 - 17:43

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Hmm...file a motion to compel stating that since they can't come up with a signed contract you need to see SOMETHING with your signature.

What do you mean by clerk? I'm a little lost on that. How different is the validation? I would use that in court, show the 'before and after'. Obviously these guys are trying to pull something! :)


lrhall41

Submitted by goldenbast on Fri, 04/16/2010 - 04:39

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Quote:

Originally Posted by goldenbast
Hmm...file a motion to compel stating that since they can't come up with a signed contract you need to see SOMETHING with your signature.
What do you mean by clerk? I'm a little lost on that. How different is the validation? I would use that in court, show the 'before and after'. Obviously these guys are trying to pull something! :)



When the lawsuit was filed attached was a validation signed by one person. In my response to Plaintiff's Interrogatories I answered that the clerk signing the validation wouldbe called as a witness. Now in response to that answer and myinterrogatories to have the Plaintiff identify the the resume, title of employee signing the first validation and her supervisors that's when the send the new validation with a new employee (a paralegal) as validating. My quess is they used one of their employees trying tomake me think it had been properly validated.


lrhall41

Submitted by on Fri, 04/16/2010 - 05:53

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Um none of it is validation if it is done by one of their own personnel. Right in the law it states that validation MUST come from the original creditor. But hey! They just gave you one more person to call as witness:) CALL THEM BOTH! Ask them how they can have personal knowledge of an account with another company?


lrhall41

Submitted by goldenbast on Fri, 04/16/2010 - 06:30

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Yes, I will call both because I think the first validation was done by an employee ofthe law firm trying to intimidate me. Once they knew a fight was coming they then got a clerk/paralegal at the OC. They also refused to answer 15 out of 19 interrogatories and refused to provide any documents.Now I'm trying to find a Motion to Compel and get a Judge to make them answer. Hey, I'm retired and have plenty of time to fight back. Any good direction on finging the format for a Motion to Compel. Thanks


lrhall41

Submitted by on Fri, 04/16/2010 - 13:40

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The party asking for the document or asking the questions can file a motion with the court, with reasonable notice to all of the parties. The motion should:

[LIST=1]

  • Identify the nature of the case (e.g., that it is a child custody case);
  • Identify the question that is being asked ??? or the object or document that is being requested ??? and explain how it relates to the case;
  • Attach the other party's written refusal to supply the information or object;
  • State that the other party refuses or fails to answer;
  • Explain why the other party's objection (if there is one) is not valid; and
  • Ask the court to order the refusing party to produce the thing that is being requested or to answer the question that has been asked.
  • The motion should also ask the court for sanctions on the other party if the motion is granted.


  • lrhall41

    Submitted by goldenbast on Fri, 04/16/2010 - 14:06

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    Its Citibank and I asked for such things as their Policy and Procedures manuals for granting credit and who decides when to file suit .Name and titles of all employees that had anything to do with the account. All records of any entries and all documents that would show the card being used. I wanted to see the engagement letter between Citi and the law firm. Policies on how and when Citi decides on a law firm to suit. I also said I intended to Call Pandit Citi CEO and the CFO of Citibank to trial and have them explain Citi's policies. My favorite interrogatory was for Citi and the law firm to provide the caption for all lawsuits brought against either for violating the FDCPA. They are trying to use attorney client privelege on almost all 19 interrogatories. As an aside, they had 49 interrogatories and 9 production request, I basically said can't confirm or deny without a written contract which they now say they can't find.Thanks for the sniderlaw site-- I intend to file a Motion to Compel and ask for sanctions against the law firm for violating the 25 interrogatory guidelines.


    lrhall41

    Submitted by on Fri, 04/16/2010 - 17:49

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    Unfortunately some of those would be protected under attorney/client privilege. They also would likely object to the Policy and Procedure as burdensome. However, the demand for documentation is important because it is needed to prove their allegations. Also they would likely object to the way they sue as irrelevant and burdensome.

    What objections did you use?


    lrhall41

    Submitted by goldenbast on Fri, 04/16/2010 - 18:37

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    My strategy is to make them present all accounting (receipts) for the card since they can't present a signed contract they may not be able to present the receipts-- not even sure if I ever signed a receipt. I am going to do the Motion to Compel and Sanctions and try a Motion to Dismiss with Prejudice because they don't have a signed contract. Also, let's see if they want to show up at court-- 5 hour roundtrip.


    lrhall41

    Submitted by on Sat, 04/17/2010 - 11:00

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    This thread is fascinating and Goldenblast is doing an excellent job in making it so! Please keep us posted! I can't beleive that a law firm would spend time and money on a case where all the evidence is basically hearsay! It would not surprise me if they sub this out to a local lawyer to avoid making the trip! If that happens you will catch him totally unprepared!


    lrhall41

    Submitted by Frogpatch on Mon, 04/19/2010 - 09:02

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    They may show because Citibank may have them on retainer. Also, of interest the case was filed by one lawyer at the CA, then another lawyer sent the over burdensome Interrogatories, and now the named partner has responded to my interrogatories-- I must have gotten his attention. At some point Citibank has to wonder if a couple of $1000 of dollars is worth it especially if they pulled my credit which shows everyone not being paid because of financial hardship. And to cheer everyone up on this site, my NACA lawyer has won 9 settlements for FCRPA violations, but he hasn't taken this one I'm doing everything myself and really appreciate to input from goldenbast


    lrhall41

    Submitted by on Mon, 04/19/2010 - 13:21

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