[dddd]

In my ongoining credit card case, I received the First Interrogatories, Request for production of Documents, and request for Admission of facts. Can someone give me advice on how to repsond? (I am using the Statute of Limitations defense) Do I title the doument "Response to First Interrogatories", etc?

When I filed the Notice to Defend, I asked for documentation of all activity on the account and have not received it. In the Interrogatories, they ask me for the payment history.

In the Admission of Facts, they ask me to admit that I owe the money (in several different questions) --would I answer that I deny that I owe it, based on the Statute of Limitations being passed?

Thank you for your help!

[dddd]

Can anyone help me with this?

Thank you

[mr.yet]

I cannot admit OR deny the alleged debt do to failure of the plainitiff to provide validication of the alleged matter.

This is how I would reply.

[ScottGem]

I would respond saying:

As the defendant in this action it is not up to me to provide any documentation or admissions. I have requested validation of this debt and cannot respond to your requests until you produce such validation.

The whole packet is a scare tactic to intimidate you.

[s_cianci]

Deny that you owe it and emphasize that your requests for documentation to prove that you owe this debt have not been acknowledged or responded to. Make sure the statute of limitations applies in your case before you go that route.

[ScottGem]

As Mr Yet and I said, you cannot deny that you owe the debt. Without documentation you don't know. So if you deny the debt and they come up with proof that you do, you are in trouble. Simply maintain that you do not know that you owe the debt and cannot know until provided with documents verifying the debt.

[dddd]

Thank you for your answers.

One more question -- Some of the questions asked are 1) did I benefit from the use of the card; 2)was I released from liability by the plaintiff for the debt; and 3) am I legally responsible for the indebtedness. Should I answer these questions with the "I cannot admit or deny" statement or answer accordingly?

Thank you again for your help -- you guys are great!

[ScottGem]

I wouldn't even fill out any of those forms. I would return the forms blank with a cover letter saying you can neither admit nor deny.

[dddd]

So the "I cannot admit or deny" statement covers everything --the admission of facts and the interrogatories? What about the request for production of documents? They are asking for copies of all documents related to this.

I shoudn't even answer the "easy" questions?

Thank you for your patience in answering my questions.

[ScottGem]

Why are you having a hard time with this? They are suing YOU. The burden of proof is on THEM not you. Why should you help them by giving them information. They should be giving YOU info and proof of the debt.

[dddd]

ScottGem - I appreciate your help. I have to return the forms next week, and I'm just trying to make sure I have covered everything.

I've been doing a lot of reading, and I have another question. Should I file Discovery, asking for a complete accounting of the debt ? So far, I have asked for this in all my response letters and in my Intent to Defend statement. And what is typically involved in filing Discovery? Am I correct that it is something I type up and send to the Attorney with a certificate of service? Do I send anything/file anything with the court?

Thank you again for all of your help.

[ScottGem]

I doubt if a formal Discovery motion is necessary, but you can check with the court clerk to be sure.