What is the name of your state? Maryland
Hello,
I'm the Plaintiff in a civil suit against a collection agency for FDCPA and FCRA violations. They have an attorney representing them who's recently sent me interrogatories. Most of the questions are totally irrelevant to the case and I'm just wondering what would be an acceptable response to the courts. I'm also unsure on how my responses should be worded. Any guidance with this is MUCH appreciated. The time line for me to respond if fastly dwindling!!
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The interrogatories are:
1. Identify yourself and state all names by which you have been known, your date of birth, your marital status, date and place of your marriage, occupation, identity of your present employer and your social security number.
I feel that my DOB, Marital Status, Date and Place of Marriage, Occupation and Present Employer are totally irrelevant to the case. My social security number is privileged and confidential information. What would be a legally correct way to phrase my "it's none of your business" response?
2. If you intend to rely upon any documents or other tangible things to support a position that you have taken or intend to take in the action, including a claim for damages, provide a brief description, by category and location, of all such documents and other tangible things, and identify all persons having possession, custody, or control of them (Stand General Interrogatory No. 3).
For these question, should I include copies of the FDCPA and FCRA since I'm alleging that they violated these laws?
3. Identify each person, other than a person intended to be called as an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state all the subject matter of the information possessed by that person. (Stand General Interrogatory No. 1).
My response: Plaintiff presently unaware of any such responsive documents/witnesses however discovery is just beginning and you reserve the right to introduce any subsequently-discovered documents or witness at trial.
Is this an acceptable response?
4. Identify all persons who are expected to testify on your behalf as expert witnesses at trial and state the subject matter about which each such person is expected to testify, the substance of the facts and opinions to which each person is expected to testify and a summary of the grounds for each such opinion.
My response: Plaintiff presently unaware of any such responsive documents/witnesses however discovery is just beginning and you reserve the right to introduce any subsequently-discovered documents or witness at trial.
Is this an acceptable response?
5. State the address of each place where you have ever resided in the last 6 years, the dates thereof, the identity of your landlord and the reason for leaving such residence.
I feel that my prior addresses, landlords and reasons for moving is irrelevant to this proceeding and would like to object to answering these questions.
How do I do this within the legal limits of law in MD?
6. State with particularity all facts upon which you rely to support your allegations that the Defendant violated the F.D.C.P.A.
I know what to do with this one, thankfully.
7. State with particularity all facts upon which you rely to support your allegations that the Defendant violated the F.C.R.A.
I know what to do with this one, as well.
8. State with particularity, including citations, any and all Maryland laws you allege the Defendant violated.
Since Maryland generally adopts the law of the FDCPA that the collection agency violated. I attend to state this fact. Is this acceptable?
9. State with particularity all facts upon which you rely to support your allegations that the Defendant violated Maryland State laws.
I will restated the facts from Paragraph 6.
10. State with particularity all facts upon which you rely to support your allegations that the Defendant defamed you.
This is one allegation I'd like to amend. I'm assuming I'll have to file an amended suit, correct? Or can I just say: Plaintiff wishes to withdraw this allegation?
11. State with particularity all enabled identity fraud/theft.
I'd like to amend this allegation as well. Will I have to file an amended suit or can I just say: Plaintiff wishes to withdraw this allegation?
12. Attach your Answers to these Interrogatories the following documents:
a. any written instrument upon which your claim is founded.
b. any statements concerning the action or its subject matter previously made by the Defendant whether a written statement, signed or otherwise adopted or approved by that party, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, that is a substantially verbatim recital of an oral statement made by the Defendant and contemporaneously recorded; and
c. any written report, whether acquired or developed in anticipation of litigation or for trial, made by an expert whom you expect to call as an expert witness at trial.
For this one, I plan to provide copies of all of my correspondence with the collection agency and provide copies of my proof of delivery from the post office.
****************************************************
Thanks in advance for all help
[
Hello,
I'm the Plaintiff in a civil suit against a collection agency for FDCPA and FCRA violations. They have an attorney representing them who's recently sent me interrogatories. Most of the questions are totally irrelevant to the case and I'm just wondering what would be an acceptable response to the courts. I'm also unsure on how my responses should be worded. Any guidance with this is MUCH appreciated. The time line for me to respond if fastly dwindling!!
***************************************************
The interrogatories are:
1. Identify yourself and state all names by which you have been known, your date of birth, your marital status, date and place of your marriage, occupation, identity of your present employer and your social security number.
I feel that my DOB, Marital Status, Date and Place of Marriage, Occupation and Present Employer are totally irrelevant to the case. My social security number is privileged and confidential information. What would be a legally correct way to phrase my "it's none of your business" response?
2. If you intend to rely upon any documents or other tangible things to support a position that you have taken or intend to take in the action, including a claim for damages, provide a brief description, by category and location, of all such documents and other tangible things, and identify all persons having possession, custody, or control of them (Stand General Interrogatory No. 3).
For these question, should I include copies of the FDCPA and FCRA since I'm alleging that they violated these laws?
3. Identify each person, other than a person intended to be called as an expert witness at trial, having discoverable information that tends to support a position that you have taken or intend to take in this action, including any claim for damages, and state all the subject matter of the information possessed by that person. (Stand General Interrogatory No. 1).
My response: Plaintiff presently unaware of any such responsive documents/witnesses however discovery is just beginning and you reserve the right to introduce any subsequently-discovered documents or witness at trial.
Is this an acceptable response?
4. Identify all persons who are expected to testify on your behalf as expert witnesses at trial and state the subject matter about which each such person is expected to testify, the substance of the facts and opinions to which each person is expected to testify and a summary of the grounds for each such opinion.
My response: Plaintiff presently unaware of any such responsive documents/witnesses however discovery is just beginning and you reserve the right to introduce any subsequently-discovered documents or witness at trial.
Is this an acceptable response?
5. State the address of each place where you have ever resided in the last 6 years, the dates thereof, the identity of your landlord and the reason for leaving such residence.
I feel that my prior addresses, landlords and reasons for moving is irrelevant to this proceeding and would like to object to answering these questions.
How do I do this within the legal limits of law in MD?
6. State with particularity all facts upon which you rely to support your allegations that the Defendant violated the F.D.C.P.A.
I know what to do with this one, thankfully.
7. State with particularity all facts upon which you rely to support your allegations that the Defendant violated the F.C.R.A.
I know what to do with this one, as well.
8. State with particularity, including citations, any and all Maryland laws you allege the Defendant violated.
Since Maryland generally adopts the law of the FDCPA that the collection agency violated. I attend to state this fact. Is this acceptable?
9. State with particularity all facts upon which you rely to support your allegations that the Defendant violated Maryland State laws.
I will restated the facts from Paragraph 6.
10. State with particularity all facts upon which you rely to support your allegations that the Defendant defamed you.
This is one allegation I'd like to amend. I'm assuming I'll have to file an amended suit, correct? Or can I just say: Plaintiff wishes to withdraw this allegation?
11. State with particularity all enabled identity fraud/theft.
I'd like to amend this allegation as well. Will I have to file an amended suit or can I just say: Plaintiff wishes to withdraw this allegation?
12. Attach your Answers to these Interrogatories the following documents:
a. any written instrument upon which your claim is founded.
b. any statements concerning the action or its subject matter previously made by the Defendant whether a written statement, signed or otherwise adopted or approved by that party, or a stenographic, mechanical, electrical, or other recording, or a transcription thereof, that is a substantially verbatim recital of an oral statement made by the Defendant and contemporaneously recorded; and
c. any written report, whether acquired or developed in anticipation of litigation or for trial, made by an expert whom you expect to call as an expert witness at trial.
For this one, I plan to provide copies of all of my correspondence with the collection agency and provide copies of my proof of delivery from the post office.
****************************************************
Thanks in advance for all help
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