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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 26688
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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FOR JD 1992 RE: Interrogatories STATE THE NAME,

Resolved Question:

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
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 12 months ago.
On #3 you may want to object in that it is overbroad and asks for you to list "all facts" and therefore is not specific enough for you to answer.

On #4 you will want to identify yourself.

On #5 list the documents so you can prove you provided them.

On #6, same as for #3. You may also want to add something like "I also object in that I am unable to provide the information until the Plaintiff provides the information I have requested including (and then use the language from your #3 answer)

Customer: replied 12 months ago.

I redid #3 #4 and #6 as you suggested, I also have a request for production so I didnt redo #5 and I plan to send it certified mail and file it with the court the only documents I have are a letter I recieved 2 years ago from another attorney saying I owed this so I replied with a letter asking for the items in #3 and never heard anything until just recently a summons so I dont have any documentation really


 

Expert:  Dwayne B. replied 12 months ago.
Be sure and send them any of the letters between you and the other attorney as well.

Also, you can supplement your answers later if necessary.
Customer: replied 12 months ago.

Will you look over my request for admissions and request for documents too

Expert:  Dwayne B. replied 12 months ago.
Sure, although I really can't say much on the requests for admission because that requires a lot of knowledge about the case and really all that is required is admit or deny.
Customer: replied 12 months ago.

RE: Request for production of documents


1: All documents relating to the alleged debt of defendant


Response to request 1: I will send anything related to this matter that I have in my possession


2: Every billing statement you have in your possession for the alleged account


Response to request 2: I do not possess any for alleged account


3:All exhibits which defendant proposes to introduce at trial


Response to request 3: I will send anything related to this matter that I have in my possession


4: all sides of all checks that you contend constitute payment of any part of plaintiffs claim and for which no credit has been given


Response to request 4: No such checks are in my possession


5: any letter or communication sent to the creditor disputing the alleged account


Response to request 5: I will send anything related to this matter that I have in my possession


6: all documents claimed to support any defense, affirmative defense, or counterclaim, including but not limited to, bank statements, account statements, and written correspondence exchanged between plaintiff and defendant concerning the credit card account which is subject of this litigation


Response to request 6: I will send anything related to this matter that I have in my possession


RE: Request for Admissions


1: You applied for credit account with HSBC Consumer Lending (usa) Inc.


1: Deny - I had an account with HSBC. I have been presented no evidence that the account I had with HSBC is the same account as the debt alleges in this complaint


2: HSBC consumer Lending (USA) INC., granted you credit under the account number ending in ****4166


2: Deny – I have no record of an account ending in **** 4166


3: You received a copy of the credit agreement when you applied for credit with HSBC


3: I can neither admit nor deny this request because I don’t know


4: Plaintiff Atlantic Credit is now the owner of the account originated with HSBC


4: I can neither admit nor deny this request because I don’t know


5: Attached hereto as Exhibit “a” and incorporated herein by reference is a true copy of the assignment and bill of sale between HSBC to plaintiff


5: Object exhibit A lists nothing with my name on it however, subject to and without waiving the foregoing objection I would answer: Yes there is an a document attached with the designation EXIBIT A


6: You received a copy of the credit agreement and any amendments that governed that account


6: Deny - I received nothing about “the account”


7: You used or authorized the use of the credit granted to you under the account number ending in ****4166


7: Deny – I have no records or have not been shown any records of this being true


8: You received statements from HSBC, reflecting how much you owed on the account


8: Deny – I have not been shown anything


9: You did not dispute any of the charges with HSBC in writing


9: I can neither admit nor deny this request because I never received anything from HSBC to dispute in writing


10: Payment was demanded of you and you have refused to pay


10: Object, this request for admission is vague and burdensome and is confusing in its intent. However, subject to and without waiving the foregoing objection I would answer: I admit I have not paid because I do not believe the account is mine


11: The current amount owing on the account is $xxxx.xx


11: I can neither admit nor deny this request because I don’t know

Expert:  Dwayne B. replied 12 months ago.
On the RFPs you want to list everything you are sending. The best thing to do is Bates Stamp them and then list by Bates Stamp number.

Under the RFAs:

#5 - this is one you probably want to either deny or state you can't admit or deny since you have no idea whether it is a true copy and whether it does what the RFA alleges

The rest looks okay
Customer: replied 12 months ago.

what is bates stamp?


 

Expert:  Dwayne B. replied 12 months ago.
Bates Stamp is a name for a device that consecutively stamps documents. Each time you press it down it advances to the next number automatically. You can do the same thing by handwriting the numbers or if you scan them you can get a program that will automatically stamp them.
Customer: replied 12 months ago.

all I have is some letters one from an attorney 2 years ago saying I owed and asking for payment my response letter that basically asked for all the details of the debt and if they werent provided to me within 30 days he needed to delete and remove anything from my credit file and that was in April of 2011 then March 19th of this year I got a summons saying I was being sued I answered it on april 18th then this discovery on July 8th I dont know if those count as documents and if so I have no problem sending copies to them

Expert:  Dwayne B. replied 12 months ago.
The copies of this lawsuit wouldn't need to be provided but everything else would be. You don't want to just say "I'll provide", list what you are going to provide or else tell them you have nothing.
Customer: replied 12 months ago.

do I need to send requests for documents and admissions or interrogatories?

Expert:  Dwayne B. replied 12 months ago.
Yes. Absolutely. You need to find out what they have and what they intend to use.
Dwayne B., Lawyer
Satisfied Customers: 26688
Experience: Practicing for over 20 years and handled many cases and trials for consumers.
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