Need help with special interrogatories

[geminilady19]

What is the name of your state (only U.S. law)? I reside in California, but the alleged debt was established in Missouri.

CACH LLC (debt collector) sent another set of special interrogatories my way and I'm having trouble with a definite response.

1. Between what dates (month/year) did you reside at XYZ?

For this question I'm thinking that I should object because if they already have the contract or any documents stating that I owe the alleged debt then they would already know where I resided at the time. It's up to them to prove these matters, not me.

2. Between what dates (month/year) did you receive mail at XYZ?

The same as #1. It's up to the plaintiff to prove these matters, not me.

3. If you have never resided or received mail at XYZ, then have you ever known anyone who has resided at that address?

I would object to this because it is irrelevant. Those who resided at XYZ are irrelevant to this case.

4. If you contend this account was opened through fraud or identity theft, then what are the name, address, and telephone number of the person you know or suspect opened this account in your name?

I am not sure on how to respond to this question entirely, but I am not saying that this is dealing with fraud or identity theft.




All help is much appreciated!!

 

[TigerD]

You are in over your head. You need to speak with an attorney, or get the money ready to pay when you lose.

TD

 

[geminilady19]

You are in over your head. You need to speak with an attorney, or get the money ready to pay when you lose.

TD

In over my head about basic questions regarding my whereabouts?...

I'll take my chances, but thank you for not helping what so ever. Much appreciated!

 

[Dave1952]

While I'm not sure where these interrogatories are heading, I'm puzzled by your refusal to answer. Since you seem to be headed towards court don't you think that these questions can be put to you there where you will be compelled to answer? Since the matter is in an out-of-State court the other side will be thrilled to make you appear in court and then request a delay or two while you answer and they cogitate your answers. You may do a lot of traveling.

 

[latigo]

For beginners the plaintiff has a legitimate right to all of the information sought.

Secondly the issue of relevancy is not for you to decide. The liberal rules of discovery allow the interrogator not only to seek information patently relevant to the subject of the law suit, but that which might reasonable lead to relevant admissible evidence.

It is only when and if the discovery material is published in open court that the deponent or interrogatee can raise the issue of relevancy.

Lastly if you wish to play games that result in a motion and order to compel discovery understand that it can affect your pocket book by further enriching the claimant's attorney.

 

[quincy]

What is the name of your state (only U.S. law)? I reside in California, but the alleged debt was established in Missouri.

CACH LLC (debt collector) sent another set of special interrogatories my way and I'm having trouble with a definite response.

1. Between what dates (month/year) did you reside at XYZ?

For this question I'm thinking that I should object because if they already have the contract or any documents stating that I owe the alleged debt then they would already know where I resided at the time. It's up to them to prove these matters, not me.

2. Between what dates (month/year) did you receive mail at XYZ?

The same as #1. It's up to the plaintiff to prove these matters, not me.

3. If you have never resided or received mail at XYZ, then have you ever known anyone who has resided at that address?

I would object to this because it is irrelevant. Those who resided at XYZ are irrelevant to this case.

4. If you contend this account was opened through fraud or identity theft, then what are the name, address, and telephone number of the person you know or suspect opened this account in your name?

I am not sure on how to respond to this question entirely, but I am not saying that this is dealing with fraud or identity theft.




All help is much appreciated!!

First, no one on this forum can help you draft responses to the interrogatory questions. That is considered the practice of law. For help in answering the interrogatory questions, you will need to seek out an attorney who is licensed to practice in your own jurisdiction. I recommend you find this help and do not attempt to answer the questions on your own. Your proposed answers can not only wind up increasing the costs of the suit for you, they can also get you in trouble.

Although I recommend you find an attorney in your area, following are some links to information that you might find helpful. The first link is to the Missouri Rules of Civil Procedure. You will need to know most of these Rules if you decide to continue representing yourself. For the Rules on Discovery, click on Rule 56, Rule 57, Rule 58, Rule 59, Rule 60 and Rule 61.

https://www.courts.mo.gov/page.jsp?id=676

This second link is to the Nevada Civil Law Self-Help Center on responding to the other sides' request for information. Although Nevada-focused and all Nevada specific statutes should be ignored, the site does provide some good advice and suggestions and you might learn from it. Again, it may not address what you need to know for the states involved in your lawsuit, so you will want to seek out legal help from an attorney in your area.

http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information

I again emphasize that you should seek out the help of an attorney in your area. The questions you ask here are a clear indication that you need this personal help.

Good luck.

 

[single317dad]

another set of special interrogatories

The fact that this is "another set" of interrogatories, along with the exact questions asked, lead me to believe that you have denied this debt is yours. Is that correct?

 

[geminilady19]

While I'm not sure where these interrogatories are heading, I'm puzzled by your refusal to answer. Since you seem to be headed towards court don't you think that these questions can be put to you there where you will be compelled to answer? Since the matter is in an out-of-State court the other side will be thrilled to make you appear in court and then request a delay or two while you answer and they cogitate your answers. You may do a lot of traveling.

The trial will be held here, in California.

 

[geminilady19]

The fact that this is "another set" of interrogatories, along with the exact questions asked, lead me to believe that you have denied this debt is yours. Is that correct?

That is correct.

 

[quincy]

The trial will be held here, in California.

In California, huh? Okay. Then you do not need to know the Missouri Rules of Civil Procedure.

Here is a link to the California Rules of Civil Procedure, which you will need to know, if you intend to handle the lawsuit on your own (which, to repeat once again, is NOT recommended).

CRCP: http://www.leginfo.ca.gov/html/ccp_table_of_contents.html[URL] Section 2030.210 to 2030.310 on Answering Interrogatories: [URL]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=02001-03000&file=2030.210-2030.310

If this is a debt collection action, the attorneys tend to be skilled (and devious). You really do not have much of a chance against them on your own. Good luck.