I am being sued by a debt collector on an old credit card. They sent me a Notice to Admit Truth of Facts and Interrogatories which I've pasted below: NOTICE TO ADMIT: 1. You applied for credit card privileges with PROVIDIAN BANK? Answer: Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. The sum alleged to be due and owing on PROVIDIAN BANK, Account Number ...in this complaint is accurate? Answer: Deny. Defendant disputes the amount of the alleged debt and demands strict proof thereof from plaintiff. INTERROGATORIES: 1. Set forth in detail each defense which the defendant has to the above-entitled cause of action, and in detail, give the factual basis for each, setting forth dates, places, names and addresses of persons present, or involved in the conversations. Attach hereto copies of all writings. Answer: Defendant is without sufficient information to form a defense at this time since plaintiff has failed to provide defendant with proof of assignment. There is no proof that the defendant has any responsibility for the alleged debt. Plaintiff is not the original creditor and defendant has no business relationship with the plaintiff (lack of standing). Under FDCPA, defendant is entitled to validate the alleged debt including proof that the collection company owns the alleged debt or has been assigned the alleged debt, defendantâ??s original signed contract and account statements, including purchase receipts to prove the amount of alleged debt. Defendant demands strict proof thereof. 3. Set forth the total amount that the defendant admits owing on PROVIDIAN BANK Account Number...; and if payment has been made, set forth the date, amount, place where payment was made and attach copies of all receipts. Answer: Plaintiff is not Providian Bank and defendant disputes owing any monies to the plaintiff ($0). The plaintiff has not provided defendant with any proof of assignment and proof that defendant owes any debt to plaintiff. Plaintiff has failed to provide defendant with a signed original contract, account statements and purchase receipts going all the way back to the original creditor, to prove the amount of alleged debt set forth in plaintiffâ??s complaint. Defendant demands strict proof thereof. 4. State whether or not you owe the plaintiff the amount set forth in the plaintiffâ??s complaint. Answer : Defendant disputes owing any monies to plaintiff ($0). Plaintiff has failed to provide proof of assignment. Plaintiff has not provided defendant with any proof that defendant owes any debt to plaintiff. Plaintiff has failed to provide defendant with a signed original contract, account statements and purchase receipts going all the way back to the original creditor, to prove the amount of alleged debt set forth in plaintiffâ??s complaint. Defendant demands strict proof thereof. 6. Did you not periodically receive statements from PROVIDIAN BANK that the amount claimed to be owed on Account Number ... was disputed? Answer: Objection-Not Relevant. Plaintiff is not Providian Bank in this case and thus improper. Plaintiff has failed to provide defendant with proof of assignment. Plaintiff has failed to validate alleged debt under FDCPA guidelines. Plaintiff has failed to provide defendant with any documentation from original creditor. Defendant demands strict proof thereof. 7. Did you or your agents, servants or attorneys ever notify PROVIDIAN BANK that the amount claimed to be owed on Account Number ... was disputed? Answer: Objection-Not Relevant. Plaintiff is not Providian Bank in this case and thus improper. Plaintiff has failed to provide defendant with proof of assignment. Plaintiff has failed to provide defendant with any documentation from original creditor. Plaintiff has failed to validate alleged debt. Defendant demands strict proof thereof. 9. If you allege that there were disputed charges on PROVIDIAN BANK Account Number ..., please provide an accounting of all charges and any and all correspondence between yourself and the original creditor regarding the disputed charges. Answer: Objection-Not Relevant. Plaintiff is not Providian Bank in this case and thus improper. Plaintiff has failed to provide defendant with proof of assignment. Plaintiff has failed to properly validate alleged debt governed by the FDCPA. Plaintiff has failed to provide defendant with any documentation from original creditor. Defendant demands strict proof thereof. 10. If the defendant claims any error or inaccuracy in the dollar amount claimed to be due and owing in plaintiffâ??s complaint which is not elicited by the foregoing interrogatories, identify and describe same. Answer: Defendant denies owing any monies to the plaintiff. The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the plaintiff to collect the alleged debt on behalf of the original creditor. Defendant demands strict proof thereof. 11. Attach any and all documentation proving your place of residence from the dates of 12/01/04 to present including but not limited to copies of any electric bills, telephone bills, lease and/or mortgage agreement and a valid Driverâ??s License. If said proof is not in your possession, please list all addresses at which you resided between the above dates. Answer: Objection-Electric bills, telephone bills, lease and/or mortgage agreements and a valid driverâ??s license are not relevant to the case at issue. It is an invasion of defendants privacy and thus improper. Plaintiff has failed to provide defendant with proof of assignment. Plaintiff has failed to properly validate alleged debt governed by the FDCPA. Defendant demands strict proof thereof. 12. Did defendant utilize a checking account in 2004? If yes, please provide: a) The name of the bank-Objection, not relevant to the case at issue and is an invasion of defendants privacy, thus improper. Defendant has no business relationship with plaintiff (lack of standing). Plaintiff is a debt buyer, not the original creditor and has failed to properly validate alleged debt. b)The account number- Objection, not relevant to the case at issue and is an invasion of defendants privacy, thus improper. Defendant has no business relationship with plaintiff (lack of standing). Plaintiff is a debt buyer, not the original creditor and has failed to properly validate alleged debt. c) Any bank statements currently in possession of defendant pertaining to same- Objection, not relevant to the case at issue and is an invasion of defendants privacy, thus improper. . Defendant has no business relationship with plaintiff (lack of standing). Plaintiff is a debt buyer, not the original creditor and has failed to properly validate alleged debt. 14. If you allege that any individual has opened credit accounts in your name and without permission, annex hereto any and all information regarding said individual including but not limited to his/her name, address and telephone number, as well as your relationship to said individual. Answer: Defendant is unable to allege that any individual has opened any credit cards in her name due to failure of the plaintiff to provide proof of assignment and documentation from original creditor. Defendant demands strict proof thereof. 15. Attach two true copies of your signature, including but not limited to a valid Driverâ??s License and/or Passport and a mortgage and/or lease agreement. Answer: Objection, not relevant to the case at issue and is an invasion of defendants privacy, thus improper. Defendant has no business relationship with plaintiff (lack of standing). Plaintiff is a debt buyer, not the original creditor and has failed to properly validate alleged debt. 16. Please attach hereto any documents that Defendant intends to produce at the time of trial that have not been previously referenced and/or attached to Defendants preceding interrogatory responses. Answer: Defendant is without any documents since plaintiff has failed to provide proof of assignment 17. Identify all persons whom you expect to call as fact witnesses at trial. For each expert, state the subject matter for which the expert is expected to testify, the substance of the findings and opinions which the expert is expected to testify and a summary of the grounds for each opinion. Answer: The plaintiff has not provided proof of assignment and there is no proof that the defendant has any responsibility for the debt. I just received the following letter from the Plaintiffs attorney rejecting my responses stating: The answers you provided to all of the Plaintiffs Interrogatories and Notice to Admit are non-responsive because they are devoid of the information requested in those Interrogatories. In each and every response you advised you had no knowledge and demanded proof from Plaintiff. YOU MAY NOT RELY UPON PLAINTIFFS PROOFS TO ANSWER INTERROGATORIES. As such, each of these Interrogatories is permissible and must be answered. Questions: Do I need to re -answer them using different responses? If I ignore this letter, can they get a summary judgement against me? (I have filed my original response with the courts) If I do need to re-answer, I would appreciate any and all help with answering 'correctly' Thanks so much!
Why can't you offer an affirmative defense? Out of SOL, Plaintiff is responsible for damages, Unclean hands, etc. Without even knowing the cause of action, there at least 10 affirmative defenses you could offer. Make 'em work for it. I wouldn't go into all the reasons why and how they haven't proved it Whether it's proven is up to the court, not you. At this point there's only evidence. Be careful how you answer... How do you know all this? Ignoring the notion of assignment is probably not productive (asking for proof in your interrogatories is, however, reasonable). Again, I don't think this is the place to try your case. Do you admit, under oath, owing on this or not? Is this your account? If you can honestly answer that you don't owe any money on the account stated in the question, then say so. Defendant has no knowledge of this account and therefore can neither admit or deny if he owes any money. I'd suggest keeping the answers short and simple and file your demands for documents separately depending on the court rules. Edit Also, just answer the questions asked. Nothing more, nothing less. If you have no record or knowledge of something, then say that. You should also be filing a similar (if not more extensive) list of questions from them. That's where you would ask for the evidence (not the proof) to back up the claims they made in the complaint. IMO, you might benefit from spending a nickel or two on a lawyer.
Sounds like the perfect debt collection lawyer response to these things. The fact that so many people answer with nonsense and the court can't seem to be bothered to take the time with compelling proper answers has made interrogatories somewhat of a joke. A deposition is a different matter. There the other side can keep asking questions and noting that you aren't answering what is asked. Of course any specific judge may take interrogatories very seriously and compel proper answers. Dumb Bob is pretty sure that what must happen will be decided by the judge and not by the other side's attorneys. They are giving you an idea of what they are going to tattletale to the judge next opportunity though. Expect to feel like you are in the third grade: "Teacher, Bobby put Jane's pigtails in the inkwell again!" You really should send them the defendant's questions and demands for admissions and your requests for production of documents and watch how they come back with less than helpful responses. Then when they try to compel you, you can try to compel them back. This is very likely to turn into that third grade thing Dumb Bob was just talking about. The judge may simply decide that this is not worth his time. But you never know, so you should be prepared on offense and defense. You are in discovery. They can try to compel you to answer correctly. If you are ordered to answer and you still refuse, then you can end up with various fines from the unhappy judge. Dumb Bob would recommend that you get a lawyer before you play discovery games. Regarding summary judgment, that comes after discovery usually. They want to get some info from you likely because they don't have any. That's just a "guess" by Dumb Bob. So you should be preparing for summary judgment. That should mean that you are using discovery too. Have you read your court's rules for discovery? Print them out. Have a friend read them. Talk about them.
