[kayebird]

Hi all, I was wondering if someone might glance over these answers to a junk debt collector's discovery request. I am in Oklahoma and have already submitted my answer to their original complaint back in January. I was surprised with their discovery package last week and just need some advice and some suggestions and please don't go easy on me, I want them right! Thanks a bunch!


I have marked my answers and confusion in red.

REQUEST FOR ADMISSION NO. 1: Admit that the Defendant is properly identified in the style of this case. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Admit.

REQUEST FOR ADMISSION NO. 2: Admit that you owe the obligation which is alleged in Plaintiff’s Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Defendant denies OR Defendant has insufficient information to affirm or deny and leaves the Plaintiff to their proof. Which answer is better?

REQUEST FOR ADMISSION NO. 3: Admit that Plaintiff performed its responsibilities as to the obligation referenced in Plaintiff’s petition.

Defendant denies OR Defendant has insufficient information to affirm or deny and leaves the Plaintiff to their proof. Which answer is better?

REQUEST FOR ADMISSION NO. 4: Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition. If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

Defendant denies OR Defendant has insufficient information to affirm or deny and leaves the Plaintiff to their proof. Which answer is better?


INTERROGATORIES

INTERROGATORY NO. 1: State your full and complete name, your full and complete residence, address, occupation and job title, and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address:

My full name, address, etc. Defendant is not employed, but is a retired Federal Civil Service employee whose only income is from an annuity that is exempt from garnishment or attachment according to Federal and State of Oklahoma laws. (Should I mention that info about being retired?) The information requesting previous residence addresses and dates is not relevant to any issue in this action, and not calculated to lead to admissible evidence.

INTERROGATORY NO. 2: Did you obtain credit on the account referenced in Plaintiff’s petition?

Defendant has insufficient information to affirm or deny and leaves the Plaintiff to their proof.

INTERROGATORY NO. 3: Is the present balance due on the account, which is the subject of this action, the sum of $5,000? If not, please state the following:

A. The date of each payment you contend was made.
B. The amount of each payment you contend was made.
C. The address you contend you mailed each payment to.
D. Defendant’s calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

Defendant has insufficient information to affirm or deny and leaves the Plaintiff to their proof."

INTERROGATORY NO. 4: If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

I did not give a definite denial on the admissions - should I just leave this blank or state that I neither affirmed or denied the admissions?

INTERROGATORY NO. 5: In regard to all communications you have had regarding the account referenced in Plaintiff’s petition, state the following:

A. The date of all letters, phone calls, memos, notes, notices, etc. that the Defendant received.
B. The nature and subject matter of any and all such communications.
C. Defendant’s response or reply to the communication, if any.

Defendant objects to this interrogatory as being overly burdensome. Any communications regarding this account are in the possession of the Plaintiff.

INTERROGATORY NO. 6: State every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

Don't know what to reply with? I don't have any defense other than I have never owed the debt collector a dime!

INTERROGATORY NO. 7: Please state the name, address and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A. The subject matter of which such person has knowledge.
B. The substance of the facts and opinions which of such opinion is expected to testify
C. A summary of the grounds for such opinion.

Defendant is not providing any witnesses.

REQUEST FOR PRODUCTION OF DOCUMENTS

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of the Plaintiff’s attorney herein at 10:00 am on the 30th day following receipt of this request, or (2) in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1. All cancelled checks, money orders, cashier’s checks, receipts or other records of payment to support your answers to Interrogatories.

I have none?

2. All written or tangible evidence of any communication between the plaintiff or its transferor to support your answers to Interrogatories.

I have none? All I have is the complaint and my answer so far, and a validation letter.

3. Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

I am unable to respond to this interrogatory because it is vague and open to interpretation, and alleged contract should be in possession of Plaintiff.

4. Produce and all documentary or tangible evidence which Defendant either expects to use or may use as evidence in the trial of this case.

Not sure on this one?
5. Produce all documents Defendant has to support any additional defenses mentioned in your answers to Interrogatories.

Not sure on this one?


Thanks again!!

[ScottGem]

I wouldn't bother answering them point by point. Simply return their forms blank with a cover letter stating that you can not respond to their request since you have been presented with no documentation or proof of the debt.

[kayebird]

Oh wow Scott - I didn't know I could do that - am I not compelled by court to answer their discovery? There is no court stamp on the documents but I am aware they can compel me through the courts if I don't answer.

Also, do I need to send them discovery now? Their validation consisted only of the original creditor's name and address.

Thanks for your help as always! I remain confused!

[ScottGem]

Unless you get an order from the court, you are under no obligation to do their job for them. If a court was to order such, you would have the opportunity fight it.

You should have already sent a letter requesting proof when you got the summons.

[kayebird]

I did request proof when I received the summons - they answered in a quick letter with the original creditor's name and address and alleged acount number - that is it! Thanks for taking the time to help me.