Oh my gosh, something fishy is going on!
Well, the reason I haven't pulled my credit report recently is b
Well, the reason I haven't pulled my credit report recently is because I have already requested my free credit report for the year. The affidavit was fairly simple and signed by an employee of Arrow Financial, I don't have that information availble at the moment but to the best of my recollection, it basically said the below signed employee agreed the debt was true and correct to her knowledge, then she signed it. That was all it amounted too.
I would also like to know what steps to take to file a counter suit, and am curious, when I file my answer to these interrogatories, do I file a counter suit at that time, or wait to see what the outcome will be.
The questions are at home, but I would be happy to post some of them later this evening, if I recall correctly, they basically asked me my home address, telephone, employers address & phone, any other names I have been known by, my income. That's all I can remember at the moment.
I would only answer the questions that I knew they already had t
I would only answer the questions that I knew they already had the information for. For example I suspect they already know your home address so there would be no harm in filling it out again. I would not supply them with information that they do not have like your income and SS#. It is irrelevant and none of their business. I think we need to come up with a solid answer for those responses. I don't think "None of your damn business" would work. hehe.
Defendant denies Plaintiff's request for admission number whatever.
That was one of the responses Nascar listed. Is it proper to use it on these questions meaning that you are denying the Plaintiff's request for that information? I don't think that is the proper use but would like clarification.
Yeah, I definitely need to know how to respond to these question
Yeah, I definitely need to know how to respond to these questions properly, I don't want to throw the case, I have worked too hard and too long at this point to allow that happen. :shock:
I imagine that most of the items on the request for admissions w
I imagine that most of the items on the request for admissions would be documentation they would need to make their case. That's not Shazer's responsibilty. The burden of proof is on them. She can Admit/Deny AND "Defendent reserves the right to ammend her answers".
How so, not? ?? Unclewulf...that was as a first communicati
How so, not?
??
Unclewulf...that was as a first communication. If the first communication was a summons, then you still need to place priority on answering the lawsuit.
However, you do not lose your DV rights either. You are still entitled to validation. You just may have to go thru the whole Discovery process in order to obtain it.
I just wanted to post some of the questions on my interrogatorie
I just wanted to post some of the questions on my interrogatories for review. They want me to admit or deny, and if I deny I have to explain why. This is just a few of the questions etc. to give you a general idea. :?
First some of the requests made:
Provide a copy of the agreement for the extension of credit the Defendant entered into for the credit card account that is the subject of this action.
Provide ALL canceled checks, money orders or receipts evidencing payments.
Provide all statements by the credit card company and Arrow Financial. :shock:
Request for admissions:
Admit to the date the defendant is in default on her obligations to Plaintiff as required by the terms of agreement for the extension of credit by failing to make required payments.
I never made ANY such agreement with the Plaintiff! (Arrow Financial)
Most of these admissions are related to admitting I owe them, and if I deny, the reasons why.
They want me to provide names, addresses of all witnesses I plan to testify, and a summary of their testimony. Also a copy of documents etc.
They want me to admit I received statements from the original creditor and etc.
They want me to admit that I failed to dispute in writing the validity of any specific charges and or transactions made using the aforementioned credit card account within 60 days from my receipt.
the question is.. what did you do, what do you have.. remember t
the question is.. what did you do, what do you have.. remember that in a civil case he(she) with the most evidence (preponderance) usually prevails... it is much better to plan to win a case on the actual merits, not on a technicality... Also keep in mind these interogatories are designed to provide evidence for their case.
I have zero. All I have is correspondence since this case began,
I have zero. All I have is correspondence since this case began, from Arrow Financial. I HAVE the same thing they have (and they admitted to it) zero.
Shazz, I think your answers to the first 2 1/2 questions i
Shazz,
I think your answers to the first 2 1/2 questions is simply "unable to produce requested documents as this is not my account." On the second half of the third questions send them copies of all corresponces they sent you.
In regards to the admission of default "No such default exists as no such agreement was entered into by me.
"No witnesses will be testifying."
It looks like to me they are requesting similar items that the c
It looks like to me they are requesting similar items that the canned DV letter requests and you sent that to them months ago plus some additional items that you would have to provide if you intended on using them as evidence i.e. witnesses and their testimony but in your case you are not using any. Did you check with the court to get an answer as to if you even had to fill this thing out? I have yet to see a good answer as to if you are bound to fill this out. I see no reason why you can not just show up in court with your copy of the DV letter and return receipt and state that you requested the same info months ago from them and they failed to provide it. Until they provide it to you then there is no way you can provide it back to them since you have no record of any financial transaction or obligations with their company. I also think you should slightly modify their letter and send it back to them along with a copy of the DV letter and a copy of the signed mail receipt and request the same crap from them that they are requesting from you. I see no reason why they should not be required to provide the same material. Also if you request the same material then you could see how they respond prior to you giving your response maybe.
I think it would be wise to fill this thing out unless the court tells you it is not required. I would keep my answers very short with no explanations. I would simply deny every request they made. I am still leaning toward the respons Nascar gave "Defendant denies Plaintiff's request for admission number whatever??????? unless someone comes up with a better response.
Quote:
Provide a copy of the agreement for the extension of credit the Defendant entered into for the credit card account that is the subject of this action. Provide ALL canceled checks, money orders or receipts evidencing payments. Provide all statements by the credit card company and Arrow Financial. Request for admissions: Admit to the date the defendant is in default on her obligations to Plaintiff as required by the terms of agreement for the extension of credit by failing to make required payments. I never made ANY such agreement with the Plaintiff! (Arrow Financial) They want me to admit I received statements from the original creditor and etc. They want me to admit that I failed to dispute in writing the validity of any specific charges and or transactions made using the aforementioned credit card account within 60 days from my receipt. |
I would answer every single one of those as "Defendant denies Plaintiff's request for admission number whatever??????? with the exception of any evidence you intend on using that relates to those request. For example if you intend on using some canceled checks and they specifically request them then you would have to provide them in order to use them as evidence I think. I would not offer any further explanation. I would just simply deny request for admission statement and be done with it.
Quote:
They want me to provide names, addresses of all witnesses I plan to testify, and a summary of their testimony. Also a copy of documents etc. |
This one can????????t be denied. If you have witnesses then you will need to provide what is requested otherwise simply reply no witnesses at this time. If there is even the slightest chance you might want witnesses then I think they need to be listed but there might be some verbage to get around that.
It looks like to me they are requesting similar items that the c
It looks like to me they are requesting similar items that the canned DV letter requests and you sent that to them months ago plus some additional items that you would have to provide if you intended on using them as evidence i.e. witnesses and their testimony but in your case you are not using any. Did you check with the court to get an answer as to if you even had to fill this thing out? I have yet to see a good answer as to if you are bound to fill this out. I see no reason why you can not just show up in court with your copy of the DV letter and return receipt and state that you requested the same info months ago from them and they failed to provide it. Until they provide it to you then there is no way you can provide it back to them since you have no record of any financial transaction or obligations with their company. I also think you should slightly modify their letter and send it back to them along with a copy of the DV letter and a copy of the signed mail receipt and request the same crap from them that they are requesting from you. I see no reason why they should not be required to provide the same material. Also if you request the same material then you could see how they respond prior to you giving your response maybe.
I think it would be wise to fill this thing out unless the court tells you it is not required. I would keep my answers very short with no explanations. I would simply deny every request they made. I am still leaning toward the respons Nascar gave "Defendant denies Plaintiff's request for admission number whatever??????? unless someone comes up with a better response.
Quote:
Provide a copy of the agreement for the extension of credit the Defendant entered into for the credit card account that is the subject of this action. Provide ALL canceled checks, money orders or receipts evidencing payments. Provide all statements by the credit card company and Arrow Financial. Request for admissions: Admit to the date the defendant is in default on her obligations to Plaintiff as required by the terms of agreement for the extension of credit by failing to make required payments. I never made ANY such agreement with the Plaintiff! (Arrow Financial) They want me to admit I received statements from the original creditor and etc. They want me to admit that I failed to dispute in writing the validity of any specific charges and or transactions made using the aforementioned credit card account within 60 days from my receipt. |
I would answer every single one of those as "Defendant denies Plaintiff's request for admission number whatever??????? with the exception of any evidence you intend on using that relates to those request. For example if you intend on using some canceled checks and they specifically request them then you would have to provide them in order to use them as evidence I think. I would not offer any further explanation. I would just simply deny request for admission statement and be done with it.
Quote:
They want me to provide names, addresses of all witnesses I plan to testify, and a summary of their testimony. Also a copy of documents etc. |
This one can????????t be denied. If you have witnesses then you will need to provide what is requested otherwise simply reply no witnesses at this time. If there is even the slightest chance you might want witnesses then I think they need to be listed but there might be some verbage to get around that.
Hmm, sorry about the double post my internet is going nuts today
Hmm, sorry about the double post my internet is going nuts today.
I found this about counterclaims. It is specific to that one lo
I found this about counterclaims. It is specific to that one location but I think you could follow similar guidelines in your area. Here is the link.
http://www.19thcircuitcourt.state.il.us/self-help/s_claims/how_to_file.htm#How%20to%20Countersue
How to Countersue or Counter Claim
If you believe the party suing you owes you money, you can countersue by filing a Counterclaim. Both cases will be heard at the same time.
If your claim is for $10,000 or less obtain a Counterclaim form from the small claims clerk in the court where you are being sued. The claim is filed with the clerk with a filing fee.
You must notify the other party that you are suing them by having a copy of the Counterclaim served on them.
If your counterclaim exceeds the jurisdictional limit of the small claims court the case will be reassigned by the small claims judge.
Upon receipt of the above described documents, usually the small claims court will transfer its file to another circuit court (civil division). In this manner, both the plaintiff's and defendant's claims may be heard together.
Wow Dollars, you gave me some VERY good info, I haven't been att
Wow Dollars, you gave me some VERY good info, I haven't been attending to this the past few days because I had outpatient surgery yesterday morning and I am trying to recover. I had thought about requesting a continuence on this matter because I just haven't been up to dealing with it right now, however, I know that I need to respond to this summons and have it mailed out by tomorrow. I've just been pondering on it, doing a little research to see how I should respond, but I can see you have provided me with some valuable information which seems as though would work in my favor. I am going to need to sit down tonight and get this written up and sent out. I can't thank you enough for providing me with so much wonderful information, thank you all, I truly appreciate it because this has been weighing on my mind. It will be a relief to get it out of my hair, for now. Who knows what the outcome will be. :shock:
I am glad to help. Also, if you use that website I linked just
I am glad to help. Also, if you use that website I linked just make sure to check it against your local area. I suspect the procedures are similar but not exactly the same.
That's an excellent website, thank you so much! I think I almost
That's an excellent website, thank you so much! I think I almost have my state and county civil procedures almost memorized at this point. :shock: :lol:
Grrrrrrrrrrrrrrrr, now the pre-trial has been delayed again unti
Grrrrrrrrrrrrrrrr, now the pre-trial has been delayed again until the end of October! :x
Poor Shazz, I do hope your feeling better. Plus you are having t
Poor Shazz, I do hope your feeling better. Plus you are having to deal with all this legal stuff. And now they are dragging it out until OCT??? Man, its already been going on for a while, do you know why they moved it?
Feel Better Soon (((((((((Cyber-HUGS))))))) Reny
smo I filed a motion for a continuence until Aug 29th because of
smo I filed a motion for a continuence until Aug 29th because of an outpatient surgery I had last week, but the Judge set the date for the end of Oct.! :?
hmmm not good ... gives them more time to dig. Or maybe they'll
hmmm not good ... gives them more time to dig. Or maybe they'll give up? (fingers crossed for you!)