Author Topic: Admissions & Requests & Interrogatories  (Read 5687 times)

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kcpluggedin

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  • Posts: 86
Admissions & Requests & Interrogatories
« on: June 01, 2011 03:42:28 PM »
I finished my Admissions & Requests & Interrogatories to send to the plaintiffs along with my answers to theirs. I would like it if you wonderful people on this site would critique them and give me suggestions as to what I need to change or add to them.

Thank you all as I learn everyday as I read through the posts.


INTERROGATORIES


IN THE CIRCUIT COURT OF xxxxxxxxxxxxxxxxxxxx
ASSOCIATE CIRCUIT DIVISION

xxxxxxxxxxxxxxxxxxxxxx                                    )
                                                                                     )
Plaintiff,                        ) Case No: xxxxxxxx
 ) Division: xxxxx
vs.                      )
 )
xxxxxxxxxxxxxxxx                                                      )
                                                                                     )
        Defendant.                                                           )

PLAINTIFF'S FIRST SET OF INTERROGATORIES DIRECTED TO
xxxxxxxxxxxxxxxxxxxxxx

COMES NOW Defendant xxxxxxxxxxxx, and pursuant to Missouri Supreme Court rule 57.01 propound the following Interrogatories to Plaintiff, xxxxxxxxxxxxxxxxx, to be answered  separately in writing and under oath. The answers to these Interrogatories should be signed by the person making them, and a copy of the answers should be served Defendant xxxxxxx no later than thirty (30) days subsequent to the service of these Interrogatories, at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

         

           DEFINITIONS
The following definitions are to be used in responding to the following Request for Admissions.
A.   "Plaintiff," means xxxxxxxxxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.
B.   "Defendant" means, xxxxxxxxxxxxx an individual.






Instructions

1.   Respond to each interrogatory pursuant to the definitions and instructions.

2.   State any objection to any interrogatory with specificity.

3.   If you claim a privilege as a basis for not responding completely to an interrogatory or otherwise object to an interrogatory, describe the factual basis for your claim of privilege or other objection in sufficient detail to permit the Court to adjudicate the validity of the claim or objection.

4.   These interrogatories shall be continuing, and you are required to file supplemental responses to each interrogatory in the event new or additional information is obtained or acquired.

5.   The conjunctions “and” and “or” shall not be interpreted disjunctively to exclude any of the information requested.

6.   You are to furnish all information in your possession and all information available to you and not merely such information as you know of your own personal knowledge.  This includes information that is available to you, the company at large and your agents or representatives.  Where a response to an interrogatory sets forth information which is not based upon your own personal knowledge, but rather upon the knowledge of your representative, you are to so indicate in your response. 

7.   When an interrogatory requires you to identify a person, individual, or a witness, state that person’s name, address, and telephone number.





INTERROGATORIES

Interrogatory No. 1:   Identify all persons involved in the preparation of the answers to the interrogatories.   For each such person, provide their address and telephone number.  For each such person, also identify which interrogatory that person responded to.  Please also include their title with the Plaintiff and length of time of employment, if applicable to that person.

ANSWER:

Interrogatory No. 2:   Identify each person who has knowledge or claims to have knowledge of information or events related to this lawsuit.  For each such person, give their name, address, telephone number, and a summary of that person’s knowledge or involvement in this matter.

ANSWER:

Interrogatory No. 3:   Identify each of your employees who have had direct involvement with the account of Defendant, including, without limitation, account representatives, employees involved in acquiring the account if the account was acquired, employees involved in the decision to refer the account to outside counsel, and any and all employees who worked with, supervised or have personal knowledge of the account of Defendant in any way.
ANSWER:

Interrogatory No. 4:   Provide the title, job description, contact information (including address and telephone number) of each individual listed in the answer to interrogatory #3.

ANSWER:

Interrogatory No. 5:   Identify all lawsuits you have been involved with during the past three years in Missouri.

ANSWER:

Interrogatory No. 6:   You claim that you acquired this account from xxxxxxxxxxx.  Identify with particularity all documents the evidence such assignment including what consideration was given for the claimed assignment.


ANSWER:

Interrogatory No. 7:   You claim that Defendant owes a certain amount on a so-called delinquent credit card debt.  Identify with particularity all documents that evidence such a debt and the chain of title of custody of those documents that verify that you are the rightful owner of this account.

ANSWER:

Interrogatory No. 8:   You claim that Defendant owes a certain amount on a so-called delinquent credit card debt.  Identify with particularity all documents in your possession or any document that you intend to produce at trial to substantiate your claim.

ANSWER:

Interrogatory No. 9:   Identify each witness you intend to call at trial.  For each witness, provide a summary of the subject matter about which each is expected to testify.

ANSWER:

Interrogatory No. 10:   Identify the “most knowledgeable person” as that term is understood under the Federal Rules of Civil Procedure at your company that would represent you at a deposition.  For the MKP, please provide in detail every fact known by the MKP that relates to this issue.

ANSWER:

Interrogatory No. 11:   Describe your personal knowledge of the method of keeping business records at xxxxxxxxxxxxx, if any.  If you have any knowledge, describe how you attained that knowledge.

ANSWER:

Interrogatory No. 13:   Do you claim to have personal knowledge of the statements, accounts, or records of the original creditor?  If so, provide the basis for that knowledge.

ANSWER:

Interrogatory No. 14:   Did you provide notice of the assignment of this account to Defendant when you acquired the account?  If so, on what date did you provide the notice?

ANSWER:

Interrogatory No. 15:   If you, or anyone on your behalf, has taken any oral, written, or recorded statements from any person regarding any matter relevant to this lawsuit, please provide the names of the individuals giving and taken such statement, the location such statement was given, the persons who have custody of the statement, whether in hardcopy or electronic format.

ANSWER:

Interrogatory No. 16:   Itemize each and every piece of information you were provided by the assignor of this account when you acquired it.  Itemize each and every piece of information you have received from the assignor regarding this account at any time.

ANSWER:

Interrogatory No. 17:   Defendant claims to have no knowledge of this account.  State with particularity and in detail every fact or piece of information in your possess that form any part of your contention that Defendant owes on this account.

   

ANSWER:

Interrogatory No. 18:   If you responded with anything but “Admitted” to any Request for Admission served contemporaneously with these interrogatories, provide a detailed factual basis outlining why that request could not be admitted.

ANSWER:


Respectfully,



                  _____________________________________________
                  xxxxxxxxxxx, pro se Defendant

Dated this        day of                                     .













CERTIFICATE OF SERVICE
                                                                                                               The undersigned hereby certifies that a true and correct copy of the foregoing Interrogatories was mailed to Plaintiff’s attorney of record (xxxxxxxxxxxxxxxxxxxxxx), the law offices of:       
               xxxxxxxxxxxxxx                                                     
       xxxxxxxxxxxxxxxxxxxx
       xxxxxxxxxxxxxxxxxxx
       (xxxxxxxxxxxxxxx
       (xxxxxxxxxxxxxxxx


                  _____________________________________________
                  xxxxxxxxxxxxxxxx
















































DEFENDANT’S SWORN SIGNATURE

STATE OF                             )
                                                  )
COUNTY OF                          )

     The below-named person, being duly sworn on his/her oath, states that he/she has read the foregoing requests and the responses given are true to the best of affiant’s knowledge and belief.


                     By:________________________________
                                                                                 Affiant

   The foregoing responses were subscribed and sworn to before me this _____ day of ___________ 20_.


                        ________________________________
                        Notary Public

My Commission expires:



                         CERTIFICATE OF MAILING
   
   A completed copy of the above and foregoing Plaintiff's Answers to Defendant's First Interrogatories Directed to Plaintiff xxxxxxxxxxxxx was mailed via United States first class mail, postage prepaid, this _____ day of _________,20_, to:

     xxxxxxxxxxxx
     xxxxxxxxxxxxxxxx
     xxxxxxxxxxxxxxxx
          Defendant Pro Se







kcpluggedin

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  • Posts: 86
Re: Admissions & Requests & Interrogatories
« Reply #1 on: June 01, 2011 03:43:35 PM »
Requests for Documents


IN THE CIRCUIT COURT OF xxxxxxxxxxxxxxxxxx
ASSOCIATE CIRCUIT DIVISION
xxxxxxxxxx                                           )
                                                                                            )
Plaintiff,                        ) Case No: xxxxxxx
 ) Division: xx
vs.                      )
 )
xxxxxxxx)
                                                                                             )
        Defendant.                                                                  )

REQUEST FOR PRODUCTION OF DOCUMENTS DIRECTED TO
PLAINTIFF xxxxxxxxx

COMES NOW Defendant, xxxxxxxx, and pursuant to Missouri Supreme Court 58.01, requests Plaintiff, xxxxxxxxxx, to produce and permit Defendant, xxxxxxxx to inspect and photocopy, within thirty (30) days after the date of service, to mail, at xxxxxxx address xxxxxxxxxxxx, the documents described herein.         

DEFINITIONS
The following definitions are to be used in responding to the following Interrogatories.
A.   "Plaintiff," means xxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.
B.   "Defendant" means, xxxxxxxxx an individual.
                                                                 




   





REQUEST FOR PRODUCTION OF DOCUMENTS:

Request No. 1:   Produce all documents referred to or used in answering the interrogatories to plaintiff or requests for admissions to plaintiff served contemporaneously with these requests.

Request No. 2:   Produce any written or recorded statements obtained from witness or any other person related to the allegations relevant to the present lawsuit.

Request No. 3:   Produce all documents substantiating or reflecting any damages claimed against Defendant.

Request No. 4:   All journals, memoranda, notes, calendars, correspondence, emails, account statements, and any other documentation upon which you intend to rely to substantiate your claims.

Request No. 5:   Produce all documentation evidencing the debt and your authority or standing to collect that debt.

Request No. 6:   Produce any and all correspondence (including emails) in your possession related to this present lawsuit.

Request No. 7:   You claim that Defendant breached a contract.  Produce the contract.

Request No. 8:  If you are claiming anything other than breach of contract, produce all documentation that would substantiate that claim.

Request No. 9:   Produce all documentation or evidence of an offer, assent, mutual consideration, and meeting of the minds such that a contract was entered into by Defendant.

Request No. 10:     Produce all documentation evidencing any goods or services purchased by Defendant on this alleged credit account.

Request No. 11:  Produce all pleadings you have filed in this lawsuit.

Request No. 12:  Produce all correspondence you have sent to Defendant. 


Respectfully,



                  _____________________________________________
                  xxxxxxx, pro se Defendant

Dated this        day of                .















CERTIFICATE OF SERVICE
                                                                                                               The undersigned hereby certifies that a true and correct copy of the foregoing Interrogatories was mailed to Plaintiff’s attorney of record (xxxxxx), the law offices of:                           
   xxxxx

     xxxxxxxx
       xxxxxx
       xxxxxxx
       (xxxxxx



                  _____________________________________________
                  xxxxx

kcpluggedin

  • Valued Member
  • Posts: 86
Re: Admissions & Requests & Interrogatories
« Reply #2 on: June 01, 2011 03:44:43 PM »
Admissions


IN THE CIRCUIT COURT OF xxxxxxxxxxxxx
ASSOCIATE CIRCUIT DIVISION

xxxxxxxxxxxxxxxxxx                 )
                                    )
Plaintiff,          ) Case No: xxxxxxxxxx
 ) Division: xx
vs.                      )
 )
xxxxxxxxxxx                        )
                                    )
        Defendant.                  )

PLAINTIFF'S FIRST SET OF REQUEST FOR ADMISSIONS
DIRECTED TO PLANTIFF xxxxxxxxxxxxxx

A FAILURE TO TIMELY RESPOND TO REQUESTS FOR ADMISSIONS IN COMPLIANCE WITH RULE 59.01 SHALL RESULT IN EACH MATTER BEING ADMITTED BY YOU AND NOT SUBJECT TO FURTHER DISPUTE.
COMES NOW Defendant, xxxxxxxx, Plaintiff, and requests Plaintiff, xxxxxxxxx, by and through its undersigned attorneys, to admit the following matters of fact, as required by Missouri Supreme Court Rule 59.01. The answers to these Requests for Admission should be signed by the person making them, and a copy of the answers should, be mail to Defendant's, xxxxxx address, xxxxxxxxxxxxx, served on the Defendant no later than thirty (30) days subsequent to the service of these Requests for Admission.
DEFINITIONS
The following definitions are to be used in responding to the following Request for Admissions.
A.   "Plaintiff," means xxxxxxxxxxxxx, or any agent, employee, officer, director, or any other person acting on its behalf.
B.   "Defendant" means, xxxxxxxxxx an individual.

REQUESTS:

1.   Admit that you have no personal knowledge of the method or manner of the record-keeping practices of the original creditor of the debt that is the basis of this action.

2.   Admit that you have no personal knowledge of the method or manner of the record-keeping practices of any of the collection agencies that may have been at one time assignees of the right to collect this alleged debt.

3.   Admit that you do not possess any written or executed agreements or promises to pay this alleged debt from the Defendant.

4.   Admit that, in fact, you have no documentary evidence of any kind whatsoever of any obligation on the behalf of Defendant to pay the alleged debt.

5.   Admit that the amounts claimed by Plaintiff include interest and legal fees.

6.   Admit that you have no way to know whether the amounts claimed in the affidavit of Plaintiff are actually due and owing other than your reliance upon that representation.

7.   Admit that you do not intend to call any witness from the original creditor.

8.   Admit that you do not intend to call any witness that has a personal knowledge of this account at the time of its creation or had knowledge of the account when it was allegedly breached.




Respectfully,



                  _____________________________________________
                  xxxxxxxxxx
Dated this         day of                  .


CERTIFICATE OF SERVICE     
                                                                                                                                                       The undersigned hereby certifies that a true and correct copy of the foregoing Interrogatories was mailed to Plaintiff’s attorney of record (xxxxxx), the law offices of:
xxxxxxxx
xxxxxxxx
xxxxxx
       xxxxxxx
xxxxxx
.



                  _____________________________________________
                  xxxxxxxxxxxx






Admin Note:  Personal information redacted.
« Last Edit: June 01, 2011 03:47:01 PM by Admin0248 »

kcpluggedin

  • Valued Member
  • Posts: 86
Re: Admissions & Requests & Interrogatories
« Reply #3 on: June 01, 2011 10:44:24 PM »
Thanks in advance....
Any thoughts or suggestions on my Admissions & Requests & Interrogatories?

coltfan1972

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  • Posts: 4841
Re: Admissions & Requests & Interrogatories
« Reply #4 on: June 02, 2011 02:08:58 AM »
I would change where you say so called accounts or amounts to alleged.   You are on the right path by attacking their standing.   This is how almost all claims brought by JDB'S can be defeated.  It is going to be obvious to them what your defense is going to be.  I would expect them to not answer, drop the suit, or try to settle with you for a huge discount. 

The second they do not list a witness from each creditor, I would move for discovery to be cut off and then tell the court you are ready for trial.   
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.
Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made "perverted one-liners" during his deposition.
Scroggin called CBOJ'S counsel "a little witch"

Scroggin used the FDCPA as a "sword of intimidation."
Scroggin loves suing debt collectors.

Scroggin is proud of his behavior and "unapologetic."

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ- 3:12-cv-128, Eastern District of Ark.

kcpluggedin

  • Valued Member
  • Posts: 86
Re: Admissions & Requests & Interrogatories
« Reply #5 on: June 02, 2011 02:40:38 AM »
Should I still file a MTC/MTD and do I file my counterclaims at this time?

As the continued to file suit even though I sent VOD when they sent the first letter.

kcpluggedin

  • Valued Member
  • Posts: 86
Re: Admissions & Requests & Interrogatories
« Reply #6 on: June 02, 2011 02:53:35 AM »
Coltfan where your said "I would change where you say so called accounts or amounts to alleged."
 How would you change this?

Not sure how to re-word it....

coltfan1972

  • Valued Member
  • Posts: 4841
Re: Admissions & Requests & Interrogatories
« Reply #7 on: June 02, 2011 04:09:01 AM »
You use the phrase, a so called credit card, and a so called debt.   Just say an alleged credit card account and an alleged credit card debt.   Make them start from scratch.   Don't even conceed there is even an account or a debt out there.   It is all alleged until they prove different. 
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.
Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made "perverted one-liners" during his deposition.
Scroggin called CBOJ'S counsel "a little witch"

Scroggin used the FDCPA as a "sword of intimidation."
Scroggin loves suing debt collectors.

Scroggin is proud of his behavior and "unapologetic."

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ- 3:12-cv-128, Eastern District of Ark.

 

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