View Full Version : Discovery and first interrogatories
stoneygirl24
Sep 26, 2007, 11:51 AM
Thanks mr. yet! I live in Ga. And I'm not sure if a providian credit card is considered a written contract or a open account, so I'm not sure when the sol is up. The papers they sent me asked me about 12 questions and one of them was about the action being filed within 6 years of the date the account went into fault. Does that mean it's a written contract? I know that on a open account sol is 4 yrs. And on written it's 6. They also sent me a first request to produce documents to defendant along with first interrogatories. They are askingfor copies of all payments made on credit card agreement. They are asking me to produce all writings and documents that support my responses to their request for Admissions of fact and Interrogatories. I can't afford a lawyer and I am at a loss of what to do. HELP!!
mr.yet
Sep 26, 2007, 04:12 PM
They are asking you to validicated the alleged debt for them. Tell tell to do it. Quote, " I have no recall of the alleged debt you are claimiing, please provide validcation of the alleged debt. " Don't fall into their trap of you providing proof, tell them must do it. Credit cards are consider open accounts..
Tell them to validcate the alleged debt, I would not answer the interrogatories until they do.
The Debt collector must validcate the debt when a request is presented to them.
bloomer
Sep 10, 2010, 08:26 PM
I'm suppose to fill it out and file it with the court and sent to the lawyer, I think it's from a credit card I owe what is it for?
bloomer
Sep 10, 2010, 08:32 PM
I believethis is a credit card issue I don't understand
bloomer
Sep 10, 2010, 08:37 PM
The pattern interrogatoried says I have 10 day to file it with the couris that true and they say on the phone it is court orrered
bloomer
Sep 10, 2010, 08:39 PM
This form asks for all my money I make and have in bank and other places
Fr_Chuck
Sep 10, 2010, 08:46 PM
I have merged your three separate threads. Please leave a similar question all in one thread
bloomer
Sep 10, 2010, 08:51 PM
I need to know why I need to fill out and file a pattern interrogatories what will do this doto me?
AK lawyer
Sep 10, 2010, 10:07 PM
the pattern interrogatoried says i have 10 day to file it with the couris that true and they say on the phone it is court orrered
Only way to be sure is to check the rules, c.r.c.p. 369(g) specifically. Normally it's not court-ordered, as such, but if that's what the rules say, you still have to do it. What state are you in, California, Colorado, Connecticut, or some other state?
this form asks for all my money i make and have in bank and other places
Have they obtained a judgment yet?
i need to know why i need to fill out and file a pattern interrogatories what will do this doto me?
Looks like they are trying to collect a judgment they have against you.
bellahansen
Oct 6, 2010, 06:45 PM
I have a similar situation I'm trying to investigate. I'm being asked for W2 forms from employers, my ssn and neither of which do I really want to disclose. THe W2 forms I don't have access to for the most part anyway. What happens if we do not provide the requested information (or cant)
AK lawyer
Oct 7, 2010, 07:04 AM
I have a similar situation I'm trying to investigate. I'm being asked for W2 forms from employers, my ssn and neither of which do I really want to disclose. THe W2 forms I don't have access to for the most part anyways. What happens if we do not provide the requested information (or cant)
We on this forum ask, when you have a new question, even similar to an existing thread, that you start a new thread instead of using that existing thread.
They have a right to know your SSN. You can be forced to let them know that.
If you don't have the documents, respond by indicating that you don't.
If you fail to provide the information, they can ask the court to order you to do so, and to fine you for dragging your feet.
AK lawyer
Oct 7, 2010, 07:23 AM
thanks mr. yet! I live in Ga. and I'm not sure if a providian credit card is considered a written contract or a open account, so I'm not sure when the sol is up. The papers they sent me asked me about 12 questions and one of them was about the action being filed within 6 years of the date the account went into fault. Does that mean it's a written contract? I know that on a open account sol is 4 yrs. and on written it's 6. They also sent me a first request to produce documents to defendant along with first interrogatories. They are askingfor copies of all payments made on credit card agreement. They are asking me to produce all writings and documents that support my responses to their request for Admissions of fact and Interrogatories. I can't afford a lawyer and I am at a loss of what to do. HELP!!!!!!!!!!
As I said with respect to a prevous post in this thread, we on this forum ask, when you have a new question, even similar to an existing thread, that you start a new thread instead of using that existing thread.
Whether it's a written contract depends on whether they are able to find the original credit card application you signed.
Requests for admissions are used to establish othewise contested facts. If you fail to deny the request within a certain time, they can ask the court to consider it proven.
In the Interrogatories, they appear to be asking you for the details of all payments you may have made. Are you claiming that you already paid what they are asking for? If so, and you have the details, you should supply those details. If, for example, you say that you made a $100 payment on such a date, a copy of a cancelled check would be a "document" that supports that claim. This question would also relate to the statute of limitations defense you might be making. The date of last payment you made would normally be when the SOL starts running.
Generally, you should be able to object to some of their discovery requests on the basis that they should already have that information.