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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26709
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I recieved a Plantiffs Interrogatories, and a Plantiffs request

Resolved Question:

I recieved a Plantiffs Interrogatories, and a Plantiffs request for documents and request for admissions do I need to answer them. And if I do, do I need to file it with the court?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.

JD 1992 :

Are you a defendant in a case?

Customer: Yes
JD 1992 :

Yes, you would have to timely answer them then.

JD 1992 :

There are a number of books on the market that provide info on discovery, there is a good one at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-written-discovery-civil/

JD 1992 :

You want to answer the Requests for Admission as soon as possible but all of them within the time limits given.

Customer: I will answer but do I need to send anything to the court? And it seems to me that they are asking me to prove that I owe them
JD 1992 :

Most courts do not want copies of the discovery filed with them now so you would just file a copy of the cover letter you send with the answers to the other side. However, to be sure what your specific court wants call the clerk and ask them.

JD 1992 :

The discovery usually is designed to get you to admit away your case or else to provide documents that they don't have.

Customer: So just answer vague and request the documents from them?
JD 1992 :

Kind of. Be specific on the requests for admission and answer the rest as best you can.

JD 1992 :

If you don't provide documents, etc. then you can't use them in trial.

JD 1992 :

Also, you may want to pick up that e-book I gave you the link to. It goes into detail about the process.

JD 1992 :

Is this a debt collection case?

Customer: I have none but Im not sure they do either, this is the second person to come after this account I asked the first to provide proof of the debt and how they came to the amount owed and then nothing for a year then a summons from a different attorney I answered it in court and 2 months later I get this thing with 100 questions
JD 1992 :

It is a pretty common tactic. That same website also has a book on fighting debt collection cases that ties in with the discovery book.

JD 1992 :

It shows you the basic concepts on how to put them on the defensive.

Customer: Ok I will give it a try...Im not sure what my chances are, what are the odds on people beating these?
JD 1992 :

Pretty good actually, if you do things right. Who is the collection agency?

Customer: Atlantic
JD 1992 :

I'm not familiar with them but there are a zillion of them. If you get the book on discovery and the one on debt collection and read through them pretty quickly and then follow the tactics in there you have a decent chance of winning.

JD 1992 :

There are other good books out there too but with most of them you have to weed through a ton of BS to get a few kernels of good info. These guys cut out most of that and just give you the important stuff.

Customer: Well that would be great.....I signed up for a monthly deal on this so I will probably be back no way is it this easy thanks
JD 1992 :

That's the good think about the monthly deals is you can come back for follow ups.

JD 1992 :

The key to this kind of thing is that the debt collector almost never has the documents and can't prove their case so you have to know how to get them to admit that.

Customer: The last attorney didnt haggle about it..like I said I asked him for them and that was the last I heard from him
JD 1992 :

They rarely can provide what you ask. That's why it is important to formulate a plan.

Customer:

thats what I was hoping this site would do

JD 1992 :

There is a limit to how much we can provide in a format like this. We do better when you ask specific questions.

JD 1992 :

The best way to do this is 1) Call the clerk to see if discovery is filed with. If not, then you just file a copy of the cover letter when you end your answers to them. BE sure and send the answers certified mail, return receipt requsted.

JD 1992 :

2) Answer a) the requests for admission, b) the interrogatories, and c) the requests for production.

JD 1992 :

3) read those books to develop your own plans and questions as to what you want to prove AND what you can ask to show that they don't have the documents they need to prove their case.

Customer:

ok I just bought the book

JD 1992 :

It shouldn't take you more than an hour to read them. If I remember right there is also a section on objections that can be used.

JD 1992 :

Anything else I can help with at this time?

Customer:

not right now thanks I got some reading to do, I will be back tho lol

JD 1992 :

Great. Best wishes to you on this one. Please don't forget to leave a Positive Rating (of course I'd suggest Excellent) so I get credit for my work.

Customer:

u got it

Dwayne B., Lawyer
Satisfied Customers: 26709
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
Dwayne B. and 5 other Consumer Protection Law Specialists are ready to help you
Customer: replied 12 months ago.

I just answered a discovery i was wondering if I did it right

Expert:  Dwayne B. replied 12 months ago.
Can you explain?
Customer: replied 12 months ago.

debt collector...they sent a deal asking interrogatories, production of documents and addmissions


 

Expert:  Dwayne B. replied 12 months ago.
What was the specific question?
Customer: replied 12 months ago.

there were several


Interrogatory


RE: Interrogatories


STATE THE NAME, ADDRESS AND POSITION OR TITLE OF EACH AND EVERY PERSON WHO HAS ANSWERED, PROVIDED ANY INFORMATION HAS BEEN CONSULTED, OR HAS PARTICPATED IN THE PREPARATION OF THE ANSWERS TO THESE INTERROGATORIES. FOR EACH SUCH PERSON IDENTIFIED, STATE WHICH INTERRGATORIES EACH ANSWERED


#1: my name and address – 1 thru 8 including all subparts


IF YOU ASSERT THAT THE CLAIM HEREIN SUED UPON IS THE OBLIGATION OF ANYONE OTHER THAN YOURSELF, THEN STATE


#2: Object this request is argumentative: the claim has not been proven to be mine or even exist however, subject to and without waiving the foregoing objection I would answer: I am the only one I know of receiving mail about this matter


IF YOU FEEL THERE IS ANY REASON YOU DO NOT OWE THE CLAIM OR DEBT SUED UPON, AND IF YOU HAVE NOT FULLY STATED SUCH IN RESPONSE TO THE PRECEDING INTERROGATORY, THEN STATE SUCH REASON HERE, AND ALL FACTS RELATING THERETO, WITHOUT REGARD TO ANY LEGAL OPINION AS TO THE VALIDITY OF SAME


#3: Of course I feel I do not owe the claim or debt – I have asked for these before - What’s the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe: Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; Provide me with your license numbers and Registered Agent; instead of the requested information I received a summons 2 years later from a different attorney


IDENTIFY EACH PERSON YOU ARE AWARE OF WHO HAS KNOWLEDGE CONCERNING THE FACTS AND CIRCUMSTANCES SURROUNDING THE MATTERS WHICH ARE THE SUBJECT TO THE CLAIMS MADE AGAINST YOU IN THIS LAWSUIT


#4: None


IDENTIFY EACH AND EVERY DOCUMENT IN YOUR CONTROL OR POSSESSION, OR WITHIN YOUR KNOWLEDGE, THAT IN ANY WAY REFERS OR RELATES TO ANY DEFENSES WHICH YOU ASSERT IN THIS MATTER


#5: Copies of all known documents will be attached


STATE SPECIFACALLY AND COMPLETELY THE FACTUAL BASIS OF EACH AND EVERY DEFENSE, WHETHER SET FORTH IN YOUR ANSWER, OR OTHERWISE, WHICH YOU ASSERT IN THIS ACTION FOR EACH DEFENSE, PLEASE PROVIDE THE FOLLOWING (A) EACH AND EVERY FACT UPON YOU BASE YOUR CONTENTION: (B) NAME AND ADDRESS AND LAST EMPLOYER OF EACH AND EVERY INDIVIDUAL WHOM YOU BELIEVE HAS KNOWLEDGE OF THE FACTS (C) IF ANY SUCH FACT IS REFERRED TO OR EMBODIED IN ANY DOCUMENT DESCRIBE EACH


#6: Object this request is overbroad, vague and unduly burdensome and is designed to harass however, subject to and without waiving the foregoing objection I would answer: I have no idea about every defense I am answering every question truthfully and promptly


STATE SPECIFACALLY AND COMPLETELY EACH AND EVERY ACT WHICH YOU ALLEGE PLANTIFF FAILED TO PERFORM IN ACCORDANCE WITH ANY AGREEMENT BETWEEN PARTIES, WHICH ACTS WERE PRECEDENT TO ANY OBLIGATION BY YOU TO PAY PLANTIFF


#7: Object this request is argumentative just as in in interrogatory #2 it has not been proven to be mine or exist therefore I don’t know


list the address of every place where you have resided for the last ten years


#8: my address


 


 

Expert:  Dwayne B. replied 12 months ago.
The website is going to want you to open a new question since this is such a long post and is different than the original question. If you don't mind, cut and paste that into a new question. I'll be glad to help you with it, just put FOR JD 1992 as the first three words and I will pick up as soon as I see it.
Customer: replied 12 months ago.

FOR JD 1992


RE: Interrogatories


 


STATE THE NAME, ADDRESS AND POSITION OR TITLE OF EACH AND EVERY PERSON WHO HAS ANSWERED, PROVIDED ANY INFORMATION HAS BEEN CONSULTED, OR HAS PARTICPATED IN THE PREPARATION OF THE ANSWERS TO THESE INTERROGATORIES. FOR EACH SUCH PERSON IDENTIFIED, STATE WHICH INTERRGATORIES EACH ANSWERED


 


#1: my name and address – 1 thru 8 including all subparts


 


IF YOU ASSERT THAT THE CLAIM HEREIN SUED UPON IS THE OBLIGATION OF ANYONE OTHER THAN YOURSELF, THEN STATE


 


#2: Object this request is argumentative: the claim has not been proven to be mine or even exist however, subject to and without waiving the foregoing objection I would answer: I am the only one I know of receiving mail about this matter


 


IF YOU FEEL THERE IS ANY REASON YOU DO NOT OWE THE CLAIM OR DEBT SUED UPON, AND IF YOU HAVE NOT FULLY STATED SUCH IN RESPONSE TO THE PRECEDING INTERROGATORY, THEN STATE SUCH REASON HERE, AND ALL FACTS RELATING THERETO, WITHOUT REGARD TO ANY LEGAL OPINION AS TO THE VALIDITY OF SAME


 


#3: Of course I feel I do not owe the claim or debt – I have asked for these before - What’s the money you say I owe is for; Explain and show me how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay what you say I owe: Provide a verification or copy of any judgment if applicable; Identify the original creditor; Prove the Statute of Limitations has not expired on this account; Show me that you are licensed to collect in my state; Provide me with your license numbers and Registered Agent; instead of the requested information I received a summons 2 years later from a different attorney


 


IDENTIFY EACH PERSON YOU ARE AWARE OF WHO HAS KNOWLEDGE CONCERNING THE FACTS AND CIRCUMSTANCES SURROUNDING THE MATTERS WHICH ARE THE SUBJECT TO THE CLAIMS MADE AGAINST YOU IN THIS LAWSUIT


 


#4: None


 


IDENTIFY EACH AND EVERY DOCUMENT IN YOUR CONTROL OR POSSESSION, OR WITHIN YOUR KNOWLEDGE, THAT IN ANY WAY REFERS OR RELATES TO ANY DEFENSES WHICH YOU ASSERT IN THIS MATTER


 


#5: Copies of all known documents will be attached


 


STATE SPECIFACALLY AND COMPLETELY THE FACTUAL BASIS OF EACH AND EVERY DEFENSE, WHETHER SET FORTH IN YOUR ANSWER, OR OTHERWISE, WHICH YOU ASSERT IN THIS ACTION FOR EACH DEFENSE, PLEASE PROVIDE THE FOLLOWING (A) EACH AND EVERY FACT UPON YOU BASE YOUR CONTENTION: (B) NAME AND ADDRESS AND LAST EMPLOYER OF EACH AND EVERY INDIVIDUAL WHOM YOU BELIEVE HAS KNOWLEDGE OF THE FACTS (C) IF ANY SUCH FACT IS REFERRED TO OR EMBODIED IN ANY DOCUMENT DESCRIBE EACH


 


#6: Object this request is overbroad, vague and unduly burdensome and is designed to harass however, subject to and without waiving the foregoing objection I would answer: I have no idea about every defense I am answering every question truthfully and promptly


 


STATE SPECIFACALLY AND COMPLETELY EACH AND EVERY ACT WHICH YOU ALLEGE PLANTIFF FAILED TO PERFORM IN ACCORDANCE WITH ANY AGREEMENT BETWEEN PARTIES, WHICH ACTS WERE PRECEDENT TO ANY OBLIGATION BY YOU TO PAY PLANTIFF


 


#7: Object this request is argumentative just as in in interrogatory #2 it has not been proven to be mine or exist therefore I don’t know


 


list the address of every place where you have resided for the last ten years


 


#8: my address

Expert:  Dwayne B. replied 12 months ago.
Sorry, I should have been more clear. You need to open a while new thread. I'll contact the moderator and ask them to explain how to do that.

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