[rayr]

In addition to responding to the plaintiff's interrogatories which was "I neither admit or deny the allegations until proof is provides via copy of contract, I also sent the plaintiff my owns request namely asking for proof of contract. The plaintiff objective for different reasons in every case and the one I had questions about was #5 about provding a copy of the original contract. They responded GA law does not require a signed app. See Davis vs. Discover Bank, 277 GA. App. 864.

I know Mr. Yet said many times... no contract, no case. Just wondering about next steps, thoughts?

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Here is a copy of the interoggatories I sent to the plaintiff which they objected to each:


The Defendant, pursuant to Georgia Rules of Civil procedure, propounds the following Interrogatories, to be answered within thirty (30) days after service of the same, subject to the following instructions.

(a) These interrogatories are continuing in character, so as to require you to file supplementary answers if you obtain further or different information before trial.

(b) “Identify” or “Identification” when used in reference to an individual person means to state his full name, business affiliation, present or last known home and/or business telephone number and present and/or last known residence address. “Identify” or “Identification” when used in reference to a document means to state the type of document (e.g. letter, memorandum, telegram, chart, etc.) or some other means of


Identifying it, the date, if any, its present location and the name and address of its custodian. If any such documents was, but is no longer, in your possession or subject to your control, state the disposition was made of it and the reason for such disposition.

( c) Unless otherwise indicated, these interrogatories, and all references to the “occurrence” refer to the time, place and circumstances mentioned or complained of in the pleadings.

(d) Where knowledge or information in the possession of a party is requested, such request includes knowledge of the party's agents, representatives and unless privileged, his or its attorney. When the answer is made by a corporate or partnership plaintiff, state the name and address and title of the person supplying the information and making the affidavit, and indicate the source of information.

(e) The pronoun “you” refers to the party to whom these Interrogatories are addressed, and the persons mentioned in clause (d) above.

(f) All answer are to be under oath and true, correct and complete

Please answer the following Interrogatories:

1. State you full legal name, any aliases used now or in the past, occupation, home and business addresses, and social security number.

2. Provide certified copy of the alleged debt and provide complete account from the beginning of alleged account

3. Provide a letter stating that whether plaintiff has purchased the alleged debt and for what amount.

4. Provide documentation of the alleged payments to the alleged account and how they were made

5. Provide a copy of the original credit application, any and all income verification that was provided to the alleged account name for the credit application.


6. Identify all person(s) who have given written or recorded statements concerning the
Subject matter of this actions, including the date of each statement, the identity of the person taking the statement, and the identity of the present custodian thereof.

7. If you intent to call any expert witnesses to testify at the trial of this case, state the name, address and field of expertise of each such expert and, if any such expert has submitted a written report, attach a copy of same to our Answers to Interrogatories.

8. State the date, time, place and exact content of every conversation which you or your agents, representatives or employees had with the defendant, its agents, representatives, servants and/or employees, in any way pertaining to the occurrences complained of in this lawsuit, identifying the persons or representatives acting on their behalf which spoke during each such conversation and their relationship to the parties, as well as all witness to each such conversation and their relationship to you or the defendant, if any.

9. If you will rely on any documents or photographs at the trial of this case, identify each such documents, as well as the person with custody of each such documents or a true copy thereof. If you will do so without Motion to Produce, kindly attach a legible photocopy of each such document to your Answers to Interrogatories.


10. States all avers to your claim, setting forth all facts and the basis for each such aver.

[twinkiedooter]

In their original Complaint that they filed did they attach any sort of paperwork showing that you owed the debt? A copy of the contract you originally signed?

[rayr]

In their original Complaint that they filed did they attach any sort of paperwork showing that you owed the debt? A copy of the contract you originally signed?

No - they did not. I filed my intend to defend and sent them a letter requesting proof of debt. They did not respond and sent me a bunch of interoggatories. I responded to all of them not admitting or denying the allegations until proof is provided and sent them my own request for interrogatories which they just reponded too by objecting saying they don't need a contract according to GA law.

[twinkiedooter]

Well, it all boils down to "do you owe them or not"... Well, do you?

[rayr]

Sorry - but I neither admit or deny the allegation until proof is provided.. now to anyone who has suggestions on next steps - Mr. Yet? Scott Gem? Should I file a motion to dismiss? Or would it first be a motion to the court to compel discovery and seek a hearing on the validation of the debt?

[mr.yet]

File both Motion to Dismiss with Prejudice and Motion to Compel Discovery. The thing to remember is " the first to leave the battlefield loses"

As for Question number 5 that state may grant that they don't have to produce the application, but they do have to provide the original contract,as proof that they are the Holder in Due Course. No contract, no case

[ScottGem]

The issue here is that the law is slowly catching up with the technology. Its certainly possible, nowadays to apply for and receive credit without ever signing anything. But that still leaves a burden of proof. On the plaintiff. They have to produce some credible evidence that you applied for and used the credit that is the object of the suit.

You don't say what court this is, but if you are in Small Claims or going pro se, I recommend you try not to sound like a lawyer. Using legalese in documents like the one you showed in the OP is likely to turn off judges who would normally give you slack for going pro se.

[twinkiedooter]

In looking over your other posts this suit started in Feb, 2009. Now it's June, 2009 and you have a mediation set for Sept, 2009.

Where did you get the interrogatories that you sent to the Plaintiff? Or where did you copy them from?

You should have sent them a Motion to Produce Documents instead. After they don't respond to the Motion to Produce Documents file a Motion To Compel Production of Documents after the 30 days lapse for answering. After the Judge orders them to produce the documents and they can't/don't then you can file for a Motion to Dismiss.

Sounds like you just want to get out of paying this debt with a lot of lawyereze language. As Scott pointed out you're just going to annoy the Judge and the Mediator trying to sound like a lawyer when you aren't one.

Also, should you somehow get the case dismissed the law firm is just going to go back to the creditor and get the proper paperwork and refile the case and add more attorney's fees and court costs to the suit. The part about your balance being zero would also be corrected in the refiling. What you will/have done is just bought yourself some time and nothing more as they will continue to pursue this case now that it's a little more profitable for them to do so with the added attorney's fees (even if it's their fault with the zero balance booboo).