Being Sued by Law Firm-What Steps To Take

hiya--

First, let me ask a couple questions so that I can get you the best info.

1--what state do you live in?
2--when was the last time you made a payment on this credit card? Month and year would be helpful
3--when was the account opened, and were you married at that time?

OK, the state matters because every state has its own statute of limitations, and if that time has expired already, then "expired SOL" will be your answer to the summons. More on that later. Second, the date that the account first became delinquent is important because that is when your statute of limitations clock began. Finally, if you opened this account before you married your wife, then they cannot touch her....but if you opened it during the marriage and you live in a community property state, then they can legally go after her for payment.

Thanks for the reply. I live in Arizona and it's community property state. I opened this account in May, 2002 in my name although I was married. The original limit was $4100 and it's now over $5000. The affidavit included in the Summons states I made a payment last in January, 2009. I don't know when the account first became dilinquent. Should I contact Citibank about that, as well as when the last transaction was made by me, other info? How and when do I ask for 'discovery' from the law firm (if I need to do that)? When I preent my 'answer' to the courthouse, will I be obligated to give my wife's name or can I leave her as "Jane Doe?" I plan to answer the summons at the last possible date I can and need to be as prepared as possible. Thanks again for your help.

So I answered my summons with the Court, denied the charges because I had no evidence of the accuracy of figures, sent a motion for discovery to the law firm, asking for documentation of all charges and declared the affidavitt hearsay. Yesterday I received an envelope full of papers from the lawyers, one set asking me to check off "admit" or "deny" to a host of items, ie "Did you open the account?" etc. The other set was called "interrogatories" and I was so downhearted I didn't even look at them. So, what do I do now? I was prepared to go to court and demand to see original documentation on these charges. But what do I do with this stuff? Am I required to fill it out and send it to the lawyers? It came by regular mail. Can I ignore it (I think they just want me to admit charges before we go to court)? Couldn't sleep last night worrying about this. I could use some advice. Thanks

Those are their discovery to you. Did you send Interrogatories to them? It is a set of questions, you can ask things like for a full chain of custody on the account, etc. On the ones you got, deny everything...also on the questions anything remotely not connected with the debt in question mark as irrelevant...anything asking about the debt itself answer as insufficient documentation to answer.

Unfortunately they can name your spouse and demand her name in this case as you live in a community property state and the card was opened during the marriage. You mentioned they said a payment was made in 2009...do you recall actually making a payment? If not ask to see proof of this payment.

Goldenbast,
Thanks so much for your answers. I feel a little better about this. I will send the lawyer a set of interrogatories and ask for things like copies (or originals?) of authorized transactions, a copy of original contract, etc. Not quite sure what the 'chain of custody' is on the account. What other questions should I be asking? And, about the 09 payment. I don't recall actually making a payment but my wife and I made settlement attempts with several creditors and sent letters. If we could have worked out something, it would have been fine. But they ignored me and then turned around and sued. I might lose in the end but I want to go down swinging. Thanks again for your help.

Ok. A chain of custody is to see who all has owned and collected upon the account, you mentioned it was an old account so it may have exchanged hands many times. You want to see the agreement and/or contract signed by you, the last statement showing final balance (you could ask for the whole set of statements), proof of ownership (if different from the original creditor) or proof of the right to collect upon the account. You also want a copy of the last payment made on the account, or even all payments made on the account.

They may try to push through an affidavit claiming to have personal knowledge of the account. Object to it as hearsay as you have the right to question the person who signed the account on how they have personal knowledge of said account. Looking at books doesn't cut it...demand to see said books. :)

Thanks so much for the info. I had another turn of events yesterday. Mailman brought a letter from the law firm stating that the lawyer will be out of town on the day of the scheduled pretrial conference and they are asking the court to reschedule. So, I have questions. Should I reschedule or not? This form is for the Court, so do I need to file something as well? Or should I leave it alone and just go to the Court on the scheduled day? Do I need to answer this to the lawyers as well as the court? Because they can't make the conference, could I file a Motion to Dismiss? Should I still respond to the Interrogatories with my own? And (I know, too many questions) do I take a copy of all correspondence with the lawyers to the Court as well? I want to be able to keep the conference date and see what happens. Is that the right approach?

Ask the clerk about filing a motion to dismiss...the judge may grant them the reschedule but it never hurts to try! Also ask them about any response you need to do to this letter. Still respond. Take everything to court with you, be prepared.

Quote:

Getting a little nervous about all this. Took my response to the court and filed it but I'm unsure what to do about all these papers the lawyers sent me. For instances, the Request For Admissions asks me to admit or deny so many things; did I open the account? did I use it? make payments? etc. My defense is that they haven't provided a complete accounting of these transactions and charges. So how do I answer these questions, which only provide space for checking "Admit" or "Deny?" Do I just write in something to the effect that I'm 'unable to answer without documentation the plaintiff hasn't provided?" Then, there are the Interrogatories, asking me everything from banking information, to if I have a criminal history, marriage history, what did I open the account for, stuff like that? Do I even answer? And how? And lastly, there's a Request for Production, asking for all kinds of documents I would present at trial and a load of other stuff. Okay. So. Do I fill all this out and send it to the lawyers? Does a copy of everything go to the court? Is any of this required of me? I'm ready to answer everything in a manner that leaves the onus of proof on them but is it even necessary? Sorry to be so long windwinded. Thanks.

I think maybe they have it as admit and deny to try and stymie people from using the "without sufficient information" perhaps mark deny and at the bottom type in *all marked deny are due to insufficient information.

The Interrogatories: Stuff that doesn't seem relevant to the case and/or burdensome would have special objections you can write, like:

for things like banking info, any financial questions answer:

Objection. This discovery request seeks information not relevant to the subject matter of this lawsuit and not calculated to lead to the discovery of admissible evidence in violation of the collateral source rule. This request is also an invasion of Plaintiff ’s right to privacy.

For private things like marriage, criminal history, etc. answer:

Objection. Irrelevant. Plaintiff ’s _____ is irrelevant to the subject matter of this matter, and the information sought is not reasonably calculated to lead to the discovery of admissible evidence. This request is also an invasion of Plaintiff ’s right to privacy.

For things like what did you open the account for, what did you buy with it, use these objections:

Objection. This discovery request as phrased is argumentative. It requires the adoption of an assumption, which is improper.

Objection. This discovery request seeks the legal reasoning and theories of defendant ’s contentions. defendant is not required to prepare the plantiff’s case.

As for the document requests, use the above objections a little reworded...they should not need to see things like bank statements, marriage records whatever and if they ask for old statements of said account, again that is for them to provide-not you.

You would need to send a copy to the lawyers and a copy to the court.

Hey, keep in mind I am not a lawyer and what I tell ya is from a LOT of reading and helping friends.

Very interesting development. As I got home from filing the Responses with the court, I had a letter in the mail from the Lawyer. He had filed a Motion to Continue, to change the schduled date of the pre-trial conference and I had filed a Response asking to keep the date. I mean, we had to make arrangements for that day and I feel our work is as important as the lawyers. Anyway, in the mail was a Reply to my Response and the language was a little angry. The lawyer said my Response was "baseless", that I was just trying to "frustrate litigation" and only trying to move toward a Motion to Dismiss if he couldn't make the pre-trial. So, I fired off a Reply to his Reply and filed it today. I respectfully requested to keep the pre-trial date as is and made some comments about the lawyer's attitude. I hope I did the right thing because I think I've made a lawyer mad. Tsk tsk.

Wow..I woulda been angry myself and said that already making arrangements to go to court THAT day was not baseless, but perhaps asking for a later date for one not being prepared is in fact 'baseless'. :)

Sounds like they were not expecting you to fight back and now...ohhhh no....poor little CA attorney actually has to work a little. poor baby.

And now it gets even more interesting. Yesterday's mail brought a letter from the lawyer, demanding I answer the questions from their Interrogatories or they will file a "motion to compel" and a "request for sanctions." Very angry tone (again) and they've given me 10 days to respond. Now, I did send back their interrogatories and objected to most of the questions. Am I compelled to answer those again? Personally, I think I should send them a set of questions: Can you present the original copy of the contract? Do you have original copies of all transactions with authorized signatures? Can you provided accounting information on charges, penalties, interest, legal fees, etc? Is this a wise move or would it just anger them further? Also, do I respond to this letter at all? The paperwork for this case is supposed to go to the judge tomorrow. Is it best for me to just sit tight and see what happens?

you SHOULD send your own set of interrogatories and request for documentation!!!! It is your right under Discovery. Let hi file the motion to compel and you then file an objection to the motion stating your previous objections. Only if the judge orders you to provide the info do you do so.

Ohh:( I dunno if it is too late to file your discovery...work up your sets just like they did and run it down to the court first thing in the morning! and make sure you send them to the lawyer as well.

I would ignore the lawyer's letter...he is just trying to intimidate you.

I think I'm okay because I had already filed a Motion for Discovery, asking for those things (receipts, contract, etc) which the lawyers seem to have ignored. A set of Interrogatories would seem redundant, no? Especially at this late date. I'll let things go to the judge tomorrow and see what turns up. And, yes. I also felt like the letter was just intimidation. It's too late for that. I'm in it (maybe) to win it. Thanks again for all your fine advice.

Ohh so wait? they ignored YOUR discovery? heh then you should go file your own motion to compel

A couple of new developments. First, we received a letter from the court and the judge denied the lawyers request to move the pre-trial conference. It is going forward as scheduled and the plaintiff will participate "telephonically." i took this as a good sign; the court agreed with us that our time and schedules were as important as the lawyers. Then, yesterday's mail brought new paperwork from the lawyers. A Motion to Compel, asking the court to order us to answer the plaintiff's discovery. We did answer but the responses weren't 'complete,' they say. What we did was deny all the admission statements and objected to most of the discovery requests. They are trying to force something from us, I'm sure. So, I want to file an objection to this Motion with the Court and also there is attached an 'Order' form, I guess for the Judge to sign. Do I address that as well? Our pre-trial conference date is in two weeks. Do I even have to file the objection or should I just wait it out? I don't want the Judge to sign the order. Any ideas?

I would file it. What you should do is retype up your answers, but be more descriptive like I mentioned in an earlier post. For example:

With the admit or deny ones, put why you denied.

For example with the one asking if you opened the alleged account, if you denied it then write: Defendant denies question # due to not having any documentation to agree. Defendant has in fact already answered.

If you answered the above with a 'unable to admit or deny due to lack of documentation then again just answer: Defendant is unable to admit or deny due to having insufficient documentation to make either claim. Defendant has in fact answered this question.

I am unsure of how to better help you since I do not know exactly what these new papers say or what exact responses you have already given.

BUT it sounds to me like they are upset with your answers and didn't like them so are trying to force the issue. Be sure to file your own motion to compel when you go file the objection to the compel, after all what is good for the goose is good for the gander. :):)

Beautiful. That's about how I saw it. I'll file the Objection and the Motion to Compel on Monday. I had answered the Admissions and Interrogatories as advised and they are probably just angry that I'm defending myself. The truth is, all we're asking for is an honest accounting of how they came up with the amount they show. And they are so far relectant to present anything but a bill and an affidavit. Thanks for the advice. I'll keep you posted.

Yeah, they don't like it when people actually show up and defend themselves. They are reluctant because that is all they have and the affidavit is bogus....probably they are heaving huge sighs of relief that you did not object to it. Don't forget to ask the court about subpoenaing the signer of the affidavit, they will brown their drawers when they see that.

I think I got your situation crossed with someone else..I was rereading this thread and I noticed you mentioned an affidavit...with everything else just kinda glanced over that, but basically an affidavit is hearsay. I noticed you said in your answer that the affidavit was hearsay...check on that...you may have had to phrase it as an objection. Basically if the judge allows it because you didn't object to it properly, then subpoena the signer....most of the time the signer is in house and NOT from the original creditor and sometimes they don't even exist!

Hi Goldenbast,
I understand completely. In my initial answer to the Summons, I did state that the Plaintiff wasn't entitled to judgment and one reason was the "hearsay" affidavitt. Is that good enough? I ask because I was working on the Objection to the Motion to Compel when in today's mail was a denial from the court of my Motion of Discovery, where I asked for the original contract, all authorized transactions, etc. A note written on the denial says that "Any issues relating to disclosure will be addressed at P.T.C." So, should I even bother filing the Objection (as well as my own Motion to Compel)? Or should I just sit tight until the conference, in two weeks? I don't want to anger the judge. My gut says to leave it alone and see what the 'air' is like during the meeting.

wow..so they allowed THEM discovery but not you???? You should really ask the clerk about that! I wonder if they didn't actually file their discovery through the court but just sent it to you...but then why file the motion to compel? This is worrisome. You should take your denied discovery, the discovery they filed and the motion to compel to the clerk tomorrow or when you can and ask how your discovery can be denied and theirs not...this does NOT sound like you are getting a fair hearing! You have the right to do whatever they do!

What state and county are you in? I'm gonna go read your rules of civil procedure and see what it says about discovery...basically let me know nwhich courthouse this is through so I can research this.

Well I didn't read your last post before my pre-trial conference which was yesterday. (It's the Kyrene Justice Court, Maricopa County, Arizona, by the way). The PTC was strange and I think I've blown my case. First, the plaintiff's lawyer was on the telephone because of his more important case elsewhere. The judge seemed open enough, at first she 'threw out' some of the irrevelant interrogatories he wanted me to answer. But then he was allowed to ramble for ten minutes about why I should be compelled to answer everything and admit to everything, tossing out nonsense about 'groups of cheats who want to use credit cards for years and not pay' and crap like that. I didn't interrupt, thinking I would have my say when he finished. But, he abruptly said he had to get to his other trial, the judge asked if we could talk to each other (the lawyer and I) to work something out and I took his phone number and said I'd call. It was over, just that quick. Now, I feel foolish. If I call, what do I say? I wouldn't mind working out a settlement amount and a payment plan but I'm not sure this guy is willing to do so. Or do I feel him out and, if things aren't satisfactory to me, continue with the court fight? I never submitted my own Motion to Compel, so he still hasn't addressed the computation of the alledged charges. I don't know. I was feeling pretty confident and now....

Best of luck with your case, I might have to fight one of my own pretty soon with Portfolio Recovery Associates but I am approaching my case from a different perspective. ( im invalidating the original K which makes any collection illegal).

It seems to me that you need to have something specifically to go for. If you are trying to get your case dismissed then build up a case based on that and use the discovery on your favor. If you want to pay the amount but want reasonable calculations of charges acrued and sufficient evidence than take that into account also.

Oh! almost forgot. Really important: If you can prove, or should I say, if they fail to prove that the AMOUNT they are trying to collect is the right amount, than the case can be dismissed. Once they file, and state what monies is owed to them and they fail to prove that you owe that amount the case is dismissed and they would have to file again.

The pretrial is just so that both of you 'talk it out' and the court doesnt have to get involved. Which im assuming is not the case.

Dont worry too much about the pre trial.. also make sure that your case is heard by not only a jury.

Hi and thanks for the reply. All along, I've been trying to get the lawyer to produce evidence on how the amount was determined. It's a card we stopped using years ago and all they've produced is a CC statement from last September and an affidavit signed by an 'employee' of Citibank. I've questioned the amount and the validity of the affidavit in my Answer to the Summons and in a Motion for Discovery. All the lawyer says (even at the pre-trial) is that I'm not privy to the information. I still haven't filed my own Motion to Compel, asking for copy of original contract, all authorized transactions, etc. Does the plaintiff have to give a complete computation of how the amount was determined? Thanks again

Yes they do. Heck, when the lawyer says you are not privy to that information you can respond with, "I am not privy to the contract YOU say I signed?" Did you ask the judge why your motion for discovery was denied while theirs was allowed? That seems to me a miscarriage of justice!

I would be hopping mad...THEY are suing you and the lawyer has more cases that are more important? I don't think so! I wouldn't talk to this lawyer at all with the way he has been treating you! ESPECIALLY after calling you a cheat???? You should have responded that there are an equal number of illegal companies that cheat and violate people's rights!

You should file a motion to dismiss for failure to produce a contract which is what this suit is based upon. They have not proven that you owe any monies at all. Can't hurt....all they can do is deny the motion..then if they do, try to file your motion for discovery...ask the clerk why yours was denied in the first place when they had discovery sent to you.

Goldenbast,
Yes, I'm mad but mainly at myself for not speaking up at the pre-trial. I guess I should have interrupted the lawyer but I thought I'd be given equal time to speak and when it all rushed past me, I was just glad to get out of there. Feel like a fool now but I chalk it up to 'lesson learned.' Now, I did say I would call the lawyer so I will. But I think my conversation will be only about the information he says he's not obligated to provide. If he continues to say that, I'll thank him and proceed to file my motions. Shouldn't I file the Motion to Compel before a Motion to Dismiss? That way, if the judge upholds my motion (and I think I have legal backing) and the lawyer doesn't comply, the dismissal would be pretty automatic, wouldn't it? And, I've asked the clerk about the denial but the one I spoke to didn't seem to know anything. I even thought of contacting Citibank myself to see if they had any info I could use. Bad idea, huh? Also, the reply from Angel said I should try for a jury trial? Is that right or did I read it wrong? You folks are very helpful and I appreciate everything. Thanks

But weren't you not allowed to file discovery? You only file a motion to compel if you filed discovery and they didn't provide it. It may be too late for a jury trial but you can try. I wouldn't contact Citi at all..why do the lawyer's work for him? The burden of proof is on him.

And yes, I think you should file your discovery then if he doesn't comply, file a motion to compel and if he still doesn't then file a motion to dismiss with prejudice.

When you talk to the lawyer simply contend that as far as you see so far, you don't owe his client one red penny and that you intend to demand your right to see proof of this alleged debt.

I started to call the lawyer this morning to feel him out but didn't. I want to make sure my next steps are correct. I had already filed a discovery motion, asking for original contract, transactions, etc and it was ignored by the lawyer. It also didn't come up at the quickie ptc (my fault). So, I'll call the lawyer, tell him I'm answering his interrogatories and ask why he hasn't responded with the information I requested. I'm sure he'll try again to say it's not his responsibility to provide it. So, do I just go ahead and file the Motion to Compel? Also, I just looked over his Interrogaties again and some of them ask if I've consulted anyone, been given advice, etc. I've done internet research, been here on the forum, looked up statutes. Am I obligated to tell all that? And, lastly, I just read one of the earlier posts on this thread that said the statute of limitations starts when the account first went delinquent. I found an old card that expired in 2004 and it might have been the only one I had. How do I find out when the deliquency began? Maybe the SOL has run out and all this is moot. I could be filing a Motion to Dismiss for that reason, right?

Does it still appear on your credit report? That should have the DOLA.

If you want, you can post the interrogatories and we can help you answer them....for example the one asking if you got any help you would answer that one: Objection: Not within the scope of discovery. The information requested is not relevant and will not lead to admissable evidence.

Definitely file your motion to compel.

In my experience, most collection lawyers have too many cases to focus on the ones where the defendant fights them. If you know the right objections, you can probably keep most of their evidence out of a trial. There are a lot of consumer lawyers that help with these types of cases, maybe you can find one at naca.net.

Goldenbast,
Here are the interrogatories, excluding the ones the judge threw out at ptc. I'll try and condense them. 1 and 2 only ask for name and address. 3. Describe in detail application for account. 4. Describe purpose for obtaining account, business, personal, etc. 5. Name every individual using the account, w/address, telephone no. 6.Name every individual who made payments on the acct. 7. Describe manner in which payments were made, check, money order, etc. 8. Name every banking institution with which you have maintained an account 9. If you ever disputed a specific charge on the acct, describe it in detail, to whom it was sent, response, outcome, etc. 10. If you ever notified plaintiff of Unauthorized use of card, describe in detail... 11.If you ever reported the card stolen or lost, describe in detail... 12. If you believe the account was issued to a third party due to Identity Theft, describe in detail first awareness, reporting to law enforcement, result, etc... 13. If you believe you owe an amount less than current balance due, describe the basis for such belief and amount you believe you owe... 14.If you have attempted to close the acct., state when, how and outcome... 15. If you authorized a third party to use acct. then attempted to terminate that indiv.'s usage, state what you did, outcome, etc... 16. Name every banking institution or lender to whom you owed money but did not fully repay, explain in detail why... (#s 17-20 were tossed) 21. In connection with Plaintiff's (Discovery) Requests, did you discuss or receive support with any indiv., org., or agent not named a Defendant? Identify w/ names, addresses, phone, etc. and all documents relevant to this issue... 22. State every individual to whom you have been married, divorced....
So, that's what I'm up against. I think 8, 16 and 22 could have been thrown out as well. I'm going to anwer these (the judge at the ptc didn't mention the Request for Admissions or Production) and file my Motion to Compel the evidence in my discovery. I've learned today that this account was charged-off as a bad debt last September but I'm not sure how that would help. And, I know I stopped using that card 5 years ago or more. Maybe that's why they don't want to produce transaction info? Hey, I'm still hanging in there. Thanks for everything.

The interrogatories assume facts not in evidence, that you actually opened the account and used it. They are asking you to prove the entire case. The Plaintiff is required to prove the elements of its claim, which is what the Plaintiff is required to do. At a very minimum, you should consult a civil litigation attorney or go to naca.net to find a lawyer familiar with the discovery rules in your state because your answers may help prove things they otherwise cannot prove.

Hey Joe,
I spoke with an attorney this morning and she didn't seem hopeful. Without an attorney (which I can't afford) she said the plaintiff's attorney would use me against myself, especially if it goes to trial. Calling me to testify would ultimately lead to me giving evidence that would be damaging to the defense. That's why, she said, she doesn't let her clients go to court. She also said that when it's the actual card company (Citibank) doing the suing, it's harder to win than if it was a debt buyer coming after money. Harder, almost impossible for them to prove a case. So, I'm left with filing a Motion to Compel or, she suggested I could try a Motion for Summary Judgment, stating that the plaintiff failed to prove their case. I don't know. I'm a little weary of this whole thing. Got to give it some thought. Thanks for your help.

Defendant in general objects to 3-22 due to being irrelevant and/or assuming facts not in evidence, assuming documentation not produced by plaintiff.
1. Answer
2. Answer
3. Objection. Defendant does not have the capacity to describe a document not in existence, or not in defendant’s possession.
4. Objection. Defendant has no documentation to answer this overly burdensome and vague question.
5. Objection. Defendant has no documentation to answer this question.
6. Objection. Defendant has no documentation to answer this question.
7. Objection. Defendant has no documentation to answer this question.
8. Objection. Not within the scope of Discovery. Question asks for information not relevant and will not lead to admissible evidence.
9. Objection. Question is overly vague and burdensome, asks for opinion.
10. Objection. Assumes facts not in evidence.
11. Objection. Assumes facts not in evidence.
12. Objection. Assumes facts not in evidence.
13. Objection. Assumes facts not in evidence.
14. Objection. Assumes facts not in evidence.
15. Objection. Assumes facts not in evidence.
16. Objection. Not within the scope of Discovery. Question asks for information not relevant and will not lead to admissible evidence.
17. Tossed
18. Tossed
19. Tossed
20. Tossed
21. Objection. Not within the scope of Discovery. Question asks for information not relevant and will not lead to admissible evidence.
22. Objection. Not within the scope of Discovery. Question asks for information not relevant and will not lead to admissible evidence.


Yeah..all those questions are BS...asking for opinion, vague, and assuming facts not in evidence. So far they have not produced one shred of evidence that even proves you owe them anything.

If he tries to get you to answer these, simply answer you can't answer questions that ask for details not in existence. Make sure to file that compel..because the burden of proof is on the plaintiff, not the defendant.

Goldenbast,
Thanks for the answers but they are similar to the way I first answered the interrogatories. Since the judge 'ordered' me to answer (because of the attorney's Motion to Compel, do I run the risk of alienating the judge if I answer again, using your wording? The lawyer keeps threatening to ask for "sanctions" if I don't answer fully (even received another letter in today's mail). What would sanctions be? I think I'm still supposed to call this guy and 'work something out.' But I don't know what to say, except "Show me the proof." And he'll say "I don't have to." This is getting me a little crazy. Oh well, on to the Motions.

Hmm ok you should have spoken up about your objections. Try this set of answers, and when you get to court explain to the judge you simply can't answer questions about documents you have no idea about, that is why you asked for them in discovery.

Defendant originally objected to these questions due to the plaintiff not supplying any singed contract, application, complete statements, and payment history. Defendant can???t answer about documentation defendant has never seen and does not have in possession. Defendant has answered to the best of defendant???s ability below.
3. Defendant is unable to provide an answer for this question as defendant has no such application in which to answer about.
4. Defendant is unable to answer this question as plaintiff has not provided proper documentation that such an account exists. Defendant has no way to answer this question.
5. Defendant is unable to answer this question because plaintiff has not proven there is an account that has been used.
6. Defendant is unable to answer this question because plaintiff has not proven there has been an account or that any payments have been made to such account.
7. Defendant answered this question in question #6 and this question is just asking the same thing.
8. Defendant objects to this question because it has no bearing on the case itself and listing every bank account implies every account for the life of the defendant which is impossible to do as such information would no longer be available from years ago.
9. Defendant is unable to answer this question because plaintiff has failed to prove there was any account in which defendant could have disputed any alleged charge.
10. Defendant is unable to answer this question because plaintiff has failed to prove there was ever any account that could have been issued to any third party.
11. Defendant is unable to answer because no such scenario has presented itself and plaintiff has not proven such an account even exists.
12. Defendant already answered this question in question #11. This question just asks the same thing that has already been answered.
13. Defendant is not aware of owing any balance because plaintiff has failed to prove there was an account with a balance due.
14. Defendant is unable to answer this question because plaintiff has failed to prove there is any account that could have been closed.
15. Defendant has already answered this question in questions numbered 5, 6 and 10.
16. Defendant is unable to answer this question due to not having the documentation to properly answer this question as it would require the defendant to attempt to procure documentation spanning many years and is unduly burdensome.
21. Defendant spent many hours researching the law and similar cases and may have communicated on a forum or message board but did not keep records of exact web site addresses or users.
22. Defendant objects to this question as it is an invasion of defendant???s privacy and whomever defendant was married to is irrelevant to the case.


Simply put, that lawyer is questioning you about an alleged account from years ago. How can you answer anything for something you are not even sure existed? Just make sure you explain this to the judge.

For example I have had a few different cards years ago....I wouldn't be able to answer any of those questions for even cards I have NOW...not without being able to peruse the documentation the lawyer is trying to get specific answers about. You are not dodging the questions, but serious, how in the world could you answer those??? I couldn't.

Goldenbast,
I hear you and will use the wording in my new responses. But my concern is that, even if I haven't admitted to having the card, the attorney does has the Citibank statement from last September (probably around the time this account was charged off) and the affidavitt from the 'custodian' of the account. I've called the affidavitt hearsay, but the statement has my name, address, etc and an amount they want to collect. My approach has been to demand the production of transactions, to show they are all mine. But, I'm obliged (I think) to phone the lawyer and what do I say? Also, I got the Order from the Court in the mail to answer the Interrogatories within 10 days. These new replies won't antagonize the judge, will they? I really appreciate your time and help with this.

Personally, I think you are putting hours of work in for nothing. If this attorney is representing citibank directly, Citibank will prevail. Reading thru all of this, other than fees and interest which you dont understand, I don't see why you are putting so much energy into this.Quote:

Even with a single statement, how can he expect you to accurately answer those questions? that lone statement only shows what...a single month of charges? Did it say 'final bill'? You can still use the approach that you have no way to answer those questions without being able to look at the documentation he wants you to answer about.

Did you have a citi card then?

I dunno..maybe, I am not sure.

How can you not be sure if you had a credit card?

Well I can't remember my bank statement from last month without looking at it. Ive had cards, can I list them all? No..I don't remember what they were.

I am the most disorganized person in the world and I bet many, many are just as bad as I am! You can still be honest while saying you can't confirm or deny what the lawyer is saying without seeing the documentation....even if you look at that one statement...so? It is just a statement..do you remember it? can you honestly say you do remember THAT particular statement? Without anything else to back it up that is all it is...a statement.

Just remember to tell the judge that the affidavit is hearsay and that you would like to question this person on the validity of his claims..that he has personal knowledge about one particular account in millions.

I don't see how they can antagonize the judge.....you have no honest way to answer them! Who can be expected to remember what they put on an application or what it even looked like? Not to mention the laywer is putting out alot of 'what if' scenarios....have you EVER reported anything stolen? If not, then change the answer to: I have never reported anything stolen...pretty clear answer. Payments for example....how you paid or what you paid.....you can honestly say you don't know how you paid on a card he alleges is yours. You have no record of it so as far as you know, you have never made any payments to that particular card.

Just phrase your answers to reflect that you don't know without being able to look....Not knowing is actually an acceptable answer to the court. Even if the lawyer suddenly broke out everything, then you could say, "Oh....ok, I see now..it has jogged my memory, if you see by the dates, it was a long time ago and why didn't he just bring them out in the first place?

Call the lawyer...tell him you are answering the questions to the best of your ability but you don't KNOW half of what he wants you to answer...if he threatens sanctions tell him you can't get sanctioned for not knowing. Tell him all you want is to see proof of the debt in question. If he says you are not entitled, tell him if it is your card then you are most certainly entitled to it!

Well yes that is true....and normally they have no trouble breaking out the proof...the key here is she thinks this debt is SOL and that is why they don't want to show the proof...because it would show that it is out of SOL. If that wasn't the case...why are they so reluctant to provide it when in other cases they have no problem whatsoever.

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Okay,
So it looks as if this case is hopeless. I agreed per phone conversation to a stipulated judgment for a lesser amount and monthly payments. I'm supposed to get paperwork before the next hearing date. Now, my questions. What should I look out for in the stipulated judgment? I ask because my wife agreed to a judgment with an attorney/CA and just found out that they are charging 10% interest despite the fact that the judgment has a total amount that she has been faithfully paying on. She thought she owed one more payment and they sent a letter saying her 'balance' was much higher because of the interest. I'm sorry. I hate collection lawyers! Is it even legal to keep charging interest on an unpaid balance when you have a judgment amount? If so, should I even agree to my own stipulated judgment, even though I was told over the phone there would be no interest/fees attached? What a mess!