What is the name of your state (only U.S. law)? MA
Hi- I'm new here, so please bear with me. This is also my first (and hopefully last) time being sued. A brief intro to my case:
A credit card company is suing me over debt that's about 3 years old. Most of it was incurred by my ex-wife, but it's my name on the bills and the suit, and there's nothing in my divorce agreement about the debt. I have no statements or late notices for the debt since I left my ex. I know I owe something, but the amount they're asking for seems way over what it should be, even with late fees, legal fees, etc. so I'm going to fight it and make them prove their case.
I have answered the suit, and also answered their document request, interrogatories, and request for admissions. We've set a pre-trial hearing date, so now it's time for me to send my version of these documents. So here they are - I'm hoping someone might be able to look and see if I'm missing anything, or if anything should be reworded. ALSO: Should these be sent at the same time, or should I send the doc request first and then wait on the others??
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DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS
1. The alleged credit application from xxxx xxxx xxxx xxxx bearing the defendant’s signature
2. The alleged credit agreement from xxxx xxxx xxxx xxxx that states credit limit, interest rate, grace period, terms of repayment, et cetera
3. A contract, agreement, assignment, or other means demonstrating that the Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt
4. A complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other components that contribute to the balance of $xxxxx;
5. Letter (s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt, xxxx xxxx xxxx xxxx
6. Documentation showing the date this ”Account” went into default
7. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to xxxx xxxx xxxx xxxx
8. Any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt;
9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff accessing of defendant’s credit report(s).
---------------------------------
DEFENDANT’S REQUEST FOR ADMISSION
1. Request: That the Plaintiff does not possess a copy of any credit application for account XXXXXX, bearing the Defendant’s signature.
2. Request: That the Plaintiff does not possess a copy of any credit agreement with the Defendant regarding account number xxxx xxxx xxxx xxxx that states credit limit, interest rate, grace period, terms of repayment, et cetera.
3. Request: That the Plaintiff does not possess any contract, agreement, assignment, or other means demonstrating that the Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt
4. Request: That the Plaintiff cannot state which date (or dates) the alleged contract for account number xxxx xxxx xxxx xxxx was entered into.
5. Request: That the Plaintiff does not possess complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other components that contribute to the balance of $xxxxx;
6. Request: That the Plaintiff does not possess any letter(s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt, xxxx xxxx xxxx xxxx
---------------------------------
DEFENDANT’S INTERROGATORIES
1. Identify the person or persons answering these interrogatories. Include their business address, business phone number, title within the Plaintiff’s Organization,your business purpose, (e.g. Creditor, Lender, Collection Agency, etc.) and your form of Business organization (e.g. corporation, partnership, sole proprietorship, etc.)
2. Identify the relationship between you and Bank, with regards to the legal relation with one another, revenue sharing, and contractual agreements.
3. Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case.
4. Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.
5. Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.
6. In regards to the contract or agreement alleged in this action, please state the following:
A) Terms of the contract or agreement
B) Credit limit or amount financed in the alleged contract or agreement.
C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement
D) Date and monetary value of any valuable consideration received on the contract or agreement
E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.
7. Identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying creditor(s).
8. State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.
9. Identify the persons or entities, which are the creditor(s) regarding any debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.
---------------------------------
So that's them. It seems that the interrogatories are somewhat unnecessary and mostly I'm just looking to see if they have any actual proof of the debt, which is handled in the admissions and documents request. Is there anything else I should be asking there? I found examples of other interrogatories where lots of questions were asked about the collection process and organization structure, but I don't see the point of those, and don't want to seem like I'm asking unnecessary questions.
Any thoughts/suggestions are much appreciated!
Thanks for reading,
SpinozerWhat is the name of your state (only U.S. law)?
Hi- I'm new here, so please bear with me. This is also my first (and hopefully last) time being sued. A brief intro to my case:
A credit card company is suing me over debt that's about 3 years old. Most of it was incurred by my ex-wife, but it's my name on the bills and the suit, and there's nothing in my divorce agreement about the debt. I have no statements or late notices for the debt since I left my ex. I know I owe something, but the amount they're asking for seems way over what it should be, even with late fees, legal fees, etc. so I'm going to fight it and make them prove their case.
I have answered the suit, and also answered their document request, interrogatories, and request for admissions. We've set a pre-trial hearing date, so now it's time for me to send my version of these documents. So here they are - I'm hoping someone might be able to look and see if I'm missing anything, or if anything should be reworded. ALSO: Should these be sent at the same time, or should I send the doc request first and then wait on the others??
---------------------------------
DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS
1. The alleged credit application from xxxx xxxx xxxx xxxx bearing the defendant’s signature
2. The alleged credit agreement from xxxx xxxx xxxx xxxx that states credit limit, interest rate, grace period, terms of repayment, et cetera
3. A contract, agreement, assignment, or other means demonstrating that the Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt
4. A complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other components that contribute to the balance of $xxxxx;
5. Letter (s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt, xxxx xxxx xxxx xxxx
6. Documentation showing the date this ”Account” went into default
7. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to xxxx xxxx xxxx xxxx
8. Any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt;
9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff accessing of defendant’s credit report(s).
---------------------------------
DEFENDANT’S REQUEST FOR ADMISSION
1. Request: That the Plaintiff does not possess a copy of any credit application for account XXXXXX, bearing the Defendant’s signature.
2. Request: That the Plaintiff does not possess a copy of any credit agreement with the Defendant regarding account number xxxx xxxx xxxx xxxx that states credit limit, interest rate, grace period, terms of repayment, et cetera.
3. Request: That the Plaintiff does not possess any contract, agreement, assignment, or other means demonstrating that the Plaintiff had the authority and capacity, and was legally entitled to collect on the alleged debt
4. Request: That the Plaintiff cannot state which date (or dates) the alleged contract for account number xxxx xxxx xxxx xxxx was entered into.
5. Request: That the Plaintiff does not possess complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges and any other components that contribute to the balance of $xxxxx;
6. Request: That the Plaintiff does not possess any letter(s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt, xxxx xxxx xxxx xxxx
---------------------------------
DEFENDANT’S INTERROGATORIES
1. Identify the person or persons answering these interrogatories. Include their business address, business phone number, title within the Plaintiff’s Organization,your business purpose, (e.g. Creditor, Lender, Collection Agency, etc.) and your form of Business organization (e.g. corporation, partnership, sole proprietorship, etc.)
2. Identify the relationship between you and Bank, with regards to the legal relation with one another, revenue sharing, and contractual agreements.
3. Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case.
4. Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.
5. Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.
6. In regards to the contract or agreement alleged in this action, please state the following:
A) Terms of the contract or agreement
B) Credit limit or amount financed in the alleged contract or agreement.
C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement
D) Date and monetary value of any valuable consideration received on the contract or agreement
E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement.
7. Identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying creditor(s).
8. State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.
9. Identify the persons or entities, which are the creditor(s) regarding any debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.
---------------------------------
So that's them. It seems that the interrogatories are somewhat unnecessary and mostly I'm just looking to see if they have any actual proof of the debt, which is handled in the admissions and documents request. Is there anything else I should be asking there? I found examples of other interrogatories where lots of questions were asked about the collection process and organization structure, but I don't see the point of those, and don't want to seem like I'm asking unnecessary questions.
Any thoughts/suggestions are much appreciated!
Thanks for reading,
SpinozerWhat is the name of your state (only U.S. law)?
