[cmcone]

My story is long so I am going to try to shorten and simplify as much as possible. Abour 4 years ago my sick and broke father was staying with me after a major surgery. I had a son in college and one that had just graduated and moved out. My father stole their identity and racked up about 18000.00 in debt with about 10 credit cards. This amount moved to just under 30,000 with fees by the end of this. Once I found out he had moved out of state with his exwife and was unable to pay the bills. I tried to pay but could not. Then about 6 months later my father passed away. My sons and I put all the debt into a debt settlement company. Then my mother passed away about 1 year later. I used 18000 of her inhertance money to pay the debt. All but one company for 400.00 for one son and one company for 5000.00 for the other. My sons have ruined credit and I spent all my money on this. Now the 5000.00 sold the debt and they are suing my son. In Aug of 09 they filed a suit and dropped it the day of trail. Then about 1 year later they filed again. They sent discovery questions which we answered. (BTW we can't afford an attorney and are fighting this pro se) We sent discovery questions which they answered 10 days past the 28 allowed. There answers to everything was nothing. They denied everything and when asked to produce any documents, signatures, contracts... they didn't. Also, with our original we counter claimed as they unjustly called me and my son. The trial was set for Nov. 4, they requested an extension and got it for Dec. 3. That is where we were as of yesterday. Our defense was going to be the obvious, this is not my son's debt. He didn't apply for it, use it, or know about it until it was past due and maxed out. Yesterday I received 2 things for the plaintiff's attorney. First was a motion for summary judgment. A motion for leave to file motion for summary judment instanter, and a motion to convert trial into hearing on plaintff's motion for summary judgment. Second, we received the following letter from the attorney.
"Please be advised that I have reiewed your September 27, 2010 discovery responses and have found them to be completely unresponsive to the discovery propounded on you of SPetember 1, 2010. Please correct these deficiencies immediately, or I will request that the Court compel you to do so. If I am required to file a motion to Compel, I will seek attorney's fees associated with that filing.
In reviewing your discovery responses, you objected in some form to every Interrogatory that requested even the most basic information. Specifically, you objected to providing your address and telephone number, the length of time you resided at your address, your prevoius addresses, you date of birth, and your social security number. Your specific objection was that the interrogatories seek information that is "personal, confidential and private," and "is not relevant toany issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the provacy righs of the Defendant."
Even the most cursory review of your Answer, Counterclaims, and discovery responses reveals tat you are the party that put the requested information at issue in the pending lawsuit. Specifically, you denied use of an account in you name, with your address, phone number, and social security number. Additionally, by bringing counterclaims based on mail received at your address, and telephone calls made to your telepone, plaintiff is well within reasonable limits of discovery to question you as to your address and your telephone number. Thus, Plaintiff was welll within the bounds of discovery to ask you to provide the information that you put at issue.
Additionally, in response to each Request for production of Documents, you indicated that you will provide any documents prior to the trial date. As the trial is currently set for December 3, 2010 I will request that the Court bar an y documents not received within the week.
Finally, in rewponse to Interrogatories 24 and 25, you objected to the questons as "premature" and indicated that you "will most definitely have explain [sic] denials in this action." and "will most definitely have defenses in this action." These interrogatories merely request details about denials and defenses that you have already asserted in a court pleading, not denials and defeses that you may believe arise after discovery. Nonetheless, as Plaintiff has responded to your discovery requests, and has also moved for summary judgment, Plaintiff requests that you conform with rules of discovery and seasonably supplement your discovery responses.
Again, if these issues are not corrected immediately, I will seek the assistance of the Court in ordering you to respond to discovery."
I have some ideas on how to answer this but I'm am not sure enough to proceed without help. I do know I have to answer the motion for summary judgment by November 30th. Any help would be greatly appreciated.
The funny thing is I was considering asking the court to compel answers from the Plaintiff as their answers were really nonexistent. Here are a few samples of their answers.

You are hereby requested to produce, at the time and place set forth in the instructions, the original Credit Contract, signed by Defendant, setting forth the terms of such a contract.

To this , Plaintiff sent a copy of the terms of service contract that comes with every credit card. No, signature.

You are hereby requested to produce, at the time and place set forth in the instructions, the Debt Purchasing Agreement, setting forth the terms, legality, right and extent of transfer. Please do NOT provide a Bill of Sale, as it does NOT set forth the full terms of the alleged debt purchase, nor does it show what rights has been transferred, nor does it show your purchase price. All of these elements need to be included in your response.
Answer: Plaintiff objects to the Discovery Requests to the extent that they seek irrelevant information not likely to lead to the discovery of admissible evidence and to the extent that they are over broad, vague and ambiguous.


DEFENDANT'S REQUEST FOR ADMISSION:

Admit that the Plaintiff does not possess a copy of any credit application for account 5155920001787325, bearing the Defendant's signature.

Answer: Plaintiff and neither admit or deny, and therefore must deny for lack of knowledge. Plaintiff is without settlement information as to whether the original creditor has such documentation.

Again, thank you for any help.