Still being sued by Unifund - received Notice to Produce/Interrogation yesterday

Discussion in 'Credit Talk' started by NJTXGirl82, Jan 10, 2008.

  1. NJTXGirl82

    NJTXGirl82 Well-Known Member

    I filed my answer with the court (which they've received) and I sent my copy to the lawyer as well. They would have received it on January 7th.

    My answer basically states that I have no knowledge of the account, said account in question is likely past statute of limitations in the state in which the account was opened/maintained, and the lawyer for the plaintiff has not produced any information linking me to the account.

    The Notice to Produce (3 copies) consists of 31 questions about myself, residences w/i last 10 years, accounts w/i the last 10 years, and states specifically the Citibank account number inquiring as to whether or not I ever applied for, opened, made payments on, maintained, etc. I also have to complete it under oath.

    Questions:
    1. :( I know I have to complete it, but how should I approach it?

    2. Why are they doing this??? Shouldn't the onus for burden of proof rest on them?

    3. Is there anything I can do to them???

    As always (sigh), thanks for the help!
     
  2. ccbob

    ccbob Well-Known Member

    Aren't you asking them any questions (Interrogatories)?

    Questions that might shed some light on whether or not they can prove this is your debt.

    I don't think you're under any obligation to retain records (especially for 10 years) so it's possible that you have no recollection or record of applying for or using any Citibank account number XXXXXX. (I don't recall the numbers of my current credit cards let alone one I may or may not have had 10 years ago.) If you have no record of such an account then you can truthfully answer "I have no record of applying for or using Citibank account XXXXX." Don't perjure yourself (i.e. don't lie), but don't answer a question that wasn't asked either. (e.g. "Where do you work?" is a different question than "For whom do you work?" You work in some town, but you work FOR some employer. Little things like that can trip you up.)

    The burden of proof is on them. They can meet this burden by:

    a) asking you to meet it for them (i.e. you confess and admit they are right).
    b) provide the documentation the proves their case on their own.

    If they are charging something, then you have the right to see the information on which they base those charges and allegations, but you have to ask for it.

    Search this site (and others) as well as look up some similar cases to see what the defendants have asked for. Don't do their job for them!
     
  3. apexcrsrv

    apexcrsrv Well-Known Member

    Object to most things are overbroad and unduly burdensome. For things that could lead to admissible evidence, answer truthfully if you cannot feasibly object. Just answer them to the best of your ability.

    I wouldn't serve them with your own discovery yet. See if they will go away first. If it becomes apparent they won't, then pop them with a full set of interrogatories, requests, and admissions. Again, the goal here is to get this off the docket and we may be able to accomplish this by lying low.
     
  4. NJTXGirl82

    NJTXGirl82 Well-Known Member

    How do I know if they go away?? I'm waiting for my court date now. Is this an intimidation tactic on their part???

    thanks again!!!
     
  5. enigma

    enigma Well-Known Member

    Read the rules for Discovery here:

    http://www.judiciary.state.nj.us/rules/part4toc.htm

    As far as Production of Documents is concerned, you might answer as:

    NJTXGirl82 does not have in her possession, custody or control any
    documents in response to the aforementioned request.
     
  6. apexcrsrv

    apexcrsrv Well-Known Member

    Generally, you just will not receive anything insofar as they will fail to prosecute the action. Be advised that they may press forward.

    Take this as my own strategy. It does not always work but, it is effective for pro se litigants that aren't the most savvy in terms of procedure.

    Again, I would wait until the file a second set of discovery before filing my own. As for what has been already served, do as Enigma suggests and read your rules. You can object to most of it or simply state that you're not in possession or lack sufficient knowledge to form an answer.
     
  7. NJTXGirl82

    NJTXGirl82 Well-Known Member

    <i>[However, I believe that the best reason for bringing an action in the Special Civil Part is because judgment execution procedures tend to be far more effective in the Special Civil Part than in the Law Division. This effectiveness is as a result of the fact that Officers of the Special Civil Part are compensated on a commission basis from the monies which they collect. They receive 10% of the first $5,000 collected and 5% of any amount collected in excess of $5,000. This creates a great incentive, since these commissions are a taxed cost and are paid by the debtor, resulting in Officers of the Special Civil Part being much more aggressive in their handling of the execution process. The Sheriffs' Officers, who are responsible for execution upon Law Division judgments and typically receive only a nominal fee for mileage when executing upon a debtor's assets, do not have the same monetary incentives. </i>

    I just found the above from a NJ Law Blog website.

    It doesn't look like the court has any incentive to favor debtors...should I just try to settle this with the attorney?
     

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