I need more opinion before I submit my Non-Uniform Interrogatories to Plaintiff, pls
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 I need more opinion before I submit my Non-Uniform Interrogatories to Plaintiff, pls IN THE PIMA CONSOLIDATED JUSTICE COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA CACH, LLC Plaintiff vs. Jane Doe and J Doe spouse Defendant Case #: CV 10xxxxxxxx NON-UNIFORM INTERROGATORIES DIRECTED TO PLAINTIFF To: CACH, LLC Pursuant to A.R.C.P. Rules 33 and 33.1, you are hereby directed to answer in writing, under oath, the following Non-Uniform Interrogatories and provide any requested documents within forty (40) calendar days from the date you receive said interrogatories. You are under a continuing duty to supplement or amend any answers submitted. Any objections to any interrogatory must be stated with specificity and set forth the basis of the objection and any legal authority that supports the objection. You must personally sign the answers to the interrogatories and have your name notarized. With regard to these Non-Uniform Interrogatories, the following General Instructions and Definitions shall be applicable. [NON-UNIFORM INTERROGATORIES TO PLAINTIFF 1. State your full name, current address, date of birth, social security number and work address or if you are the representative of a company answering these Interrogatories state your title, your affiliation with the Defendant, and the length of time you have been employed by the Plaintiff, and list all the positions you held in the past and your current position. 3. Provide a Certified Copy of the Plaintiff’s license to do business in Arizona. 4. The right of a business to use the Courts is conditional on the business' tax filings being current. Provide a Certificate of Compliance from the Plaintiff's home state and the state of Arizona proving that all business tax filings are current. 5. Provide a complete list of corporate officers who are legally authorized to sign Pleadings. 2. Provide a Certified Copy of the Plaintiff’s Certificate of Organization proving their legal existence in their home state. 6. Provide a full accounting of all money into and out of the alleged account since its inception. 7. State all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor. 8. Identify all witnesses with evidence in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor. Include their names, job title, aliases, current work and home addresses and telephone numbers, and positions of each person, and identify each document referred to or consulted. Please state whether each such person has ever been convicted of a felony, or of a misdemeanor involving moral turpitude, furnishing the nature, date, and court of any such convictions. If you intend to qualify any of these witnesses as experts, please so indicate, giving their areas of expertise, their credentials as experts, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. 9. Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor. 10. State all facts in support of your contention that the Defendant defaulted on the contract alleged in the Plaintiff’s petition. Identify all witnesses with evidence in support of your contention that the Defendant defaulted on the contract alleged in the Plaintiff’s petition. Include their names, job title, aliases, current work and home addresses and telephone numbers, and positions of each person, and identify each document referred to or consulted. Please state whether each such person has ever been convicted of a felony, or of a misdemeanor involving moral turpitude, furnishing the nature, date, and court of any such convictions. If you intend to qualify any of these witnesses as experts, please so indicate, giving their areas of expertise, their credentials as experts, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. 11. Identify all documents or other tangible evidence that support your contention that the Defendant defaulted on the contract alleged in the Plaintiff’s petition. 12. State all facts in support of your contention that the Defendant owes a principle balance of $5,141.11 as alleged in the Plaintiff’s Petition. 13. Identify all witnesses with evidence in support of your contention that the Defendant owes a principle balance of $5,141.11 as alleged in the Plaintiff’s Petition. Include their names, job title, aliases, current work and home addresses and telephone numbers, and positions of each person, and identify each document referred to or consulted. Please state whether each such person has ever been convicted of a felony, or of a misdemeanor. Involving moral turpitude, furnishing the nature, date, and court of any such convictions. If you intend to qualify any of these witnesses as experts, please so indicate, giving their areas of expertise, their credentials as experts, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. 14. Identify all documents or other tangible evidence that support your contention that the Defendant owes a principle balance of $5,141.11 as alleged in the Plaintiff’s Petition. 15. Identify all witnesses with evidence in support of your contention that the Defendant owes accrued interest of $5,141.11 as alleged in the Plaintiff’s Petition. Include their names, job title, aliases, current work and home addresses and telephone numbers, and positions of each person, and identify each document referred to or consulted. Please state whether each such person has ever been convicted of a felony, or of a misdemeanor involving moral turpitude, furnishing the nature, date, and court of any such convictions. If you intend to qualify any of these witnesses as experts, please so indicate, giving their areas of expertise, their credentials as experts, the substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. 16. Identify all documents or other tangible evidence that support your contention that the Defendant owes accrued interest of $5,141.11 as alleged in the Plaintiff’s Petition. 17. In regards to the contract or agreement alleged in this action, please state the following: A) Terms of the contract or agreement B) Credit limit or amount financed in the alleged contract or agreement. C) Date and monetary value of any credit transactions alleged to be executed on the contract or agreement D) Date and monetary value of any valuable consideration received on the contract or agreement E) Date and monetary value of any payments or credits alleged to be executed on the contract or agreement. 18. Any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant; 19. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or “”Account””; 20. Provide a certified true copy of the Plaintiff’s FILE with respect to the alleged account or debt. 21. Provide a certified true copy of the Plaintiff’s FILE with respect to the Defendant. Done this __20__ day of September, 2010 ____________________ Jane Doe Defendant CERTIFICATE OF SERVICE The undersigned certifies that the above documents were served on all parties in the above cause by depositing a copy in the U.S. Mail, postage prepaid / certified, in an envelope addressed to Plaintiffs Attorney at the following address: Liar Road, Tucson, AZ. Dated this _September 20, 2010 ___________________ Jane Doe Defendant And also I would like to thank to all the person I copied this template from. Please I am open for more suggestions and comments. I am also going to post some more, about Discovery documents.   |
#2  09-19-2010, 11:15 AM | |||
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| I could be wrong, but a few of your requests seem a little redundant. But, I'll let the more knowledgeable members of the board weigh in on that. I didn't see your request to ask for proof of ownership of the alleged debt. "Provide all Bills of Sale/Assignment of the alleged debt from (original creditor) to the Plaintiff, as well as the amount Plaintiff paid for the alleged debt." The above is where you can really hit them where it hurts. |
#3 09-19-2010, 12:15 PM | |||
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| Thank you very much, I will definitely going to add it to my Interrogatories. |
#4 09-19-2010, 12:43 PM | |||
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| I meant to ask...I take it Cach bought the debt and is not the original creditor? Blonde moment here Also, most courts differentiate between Interrogatories and Requests for Production of Documents. |
#5 09-19-2010, 12:59 PM | |||
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| Here's my DEFENDANT'S RESPONSE TO PLAINTIFF'S NON-UNIFORM INTERROGATORIES IN THE PIMA CONSOLIDATED JUSTICE COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF PIMA CASE NO. CV 12345 CACH, LLC Plaintiff, Vs. Jane Doe and J Doe spouse Defendant DEFENDANT’S RESPONSE TO PLAINTIFF’S NON-UNIFORM INTERROGATORIES Defendants, Jane Doe and J Doe spouse pursuant to Rules 33 and 33.1 of the Arizona Rules of Civil Procedure hereby answers and objects to Plaintiff’s First Set of Non-Uniform Interrogatories, dated September 2, 2010 with the Certified mailing dated September 8, 2010. General Objections 1. Defendants object to Plaintiff’s interrogatories insofar as they exceed the proper scope of interrogatories as set forth in 16 A.R.S. Rules of Civil Procedure, Rule 33(b 2. Defendant objects to Definitions 2, 4 through 7 of Plaintiff’s Discovery Requests to the extent they define the terms “document”, (with respect to the documents) and “identify” (with respect to the persons) more expansively than 16 A.R.S. Rules of Civil Procedure, Rule 33. (THIS WAS THEIR DEFINITIONS) 3. Defendant reserved his/her rights to A.R.S. Rules of Civil Procedure, Rule 33 to respond to an interrogatory by specifying the record from which the answer may be derived or ascertained and to afford Plaintiff a reasonable opportunity to examine, audit or inspect such records. Specific Answers and Objections Interrogatory 1. State your name and current mailing address: Response: Jane Doe and J Doe spouse My house St. Tucson, AZ 8xxxx Interrogatory 2. State how long you have resided at your current address, and any previous address (es), for the last three (3) years. Response: Interrogatory No 2 is objected by the Defendant on grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant. Interrogatory 3. State the following: a) Date of Birth: b) Social Security Number: c) Driver’s License Number: Response: The Defendant object on the grounds set forth in General Objection1, and further objects on the ground that the information sought is overboard, unduly burdensome, harassing, irrelevant and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Interrogatory 4. State your current marital status, and if you are married or have married, state the name and address of any person(s) to whom you were married, the date of said marriage(s), the place the marriage(s) took place, the date and durations of any separations, and the date of filing and the case number of any domestic relations case in which you were a party. Response: The Defendant object on the grounds set forth in General Objection1, and further objects on the ground that the information sought is overboard, unduly burdensome, harassing, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Interrogatory 5. State your occupation, the name of your employer and employer and how long you have been employed with employer. State your employment history for the last three (3) years, including any self-employment. a. State gross monthly income from your current employer, including any-self employment. b.State your net monthly income from your current employer, including any self-employment. Response: Defendant is currently unemployed. The rest of the interrogatories on this paragraph is objected by the Defendant(s) on the grounds set forth in General Objection1, and further objects on the ground that the information sought is overboard, unduly burdensome, harassing, irrelevant and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Interrogatory 6. State the account number(s) of any Bank of America, N.A. account(s) that you have maintained or charged upon within the last 10 years. Response: The Defendant(s) objects interrogatory No. 6, on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant(s). Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Interrogatory 7. If you deny that you owe the alleged debt set forth in the Complaint, please set forth each and every fact that supports your denial. Response: Defendant(s) deny owing the alleged debt for the reason that the Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant(s) or by some other person authorized by the Defendant(s) and who was to answer for the alleged debt, default or miscarriage of another person. Interrogatory 8. List each and every individual you have spoken with at Plaintiff’s company regarding this action. Response: Defendant(s) has no knowledge of engaging a verbal communication with any individual at the Plaintiff’s company. Interrogatory 9. Set forth the facts that support how Plaintiff failed to perform under the agreement. Response: The Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendants or by some other person authorized by the Defendants and who was to answer for the alleged debt, default or miscarriage of another person. Interrogatory 10. What were the promises made between the Plaintiff(s) and the Defendant(s)? Response: No promises have been made between the Defendant(s) and the Plaintiff. Interrogatory 11. Set forth the manner in which you calculated the alleged damages. Response: The Defendant(s) objects interrogatory No. 11, on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant(s). Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. Interrogatory 12. List any all witnesses you plan to call to testify at trial, and for each such person: a. State their name, address and telephone number; and b. State the nature and substance of their expected testimony. Response: Interrogatory No. 12 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. The Defendant cannot possibly answer this Interrogatory when he has not seen the Plaintiff answers to his Discovery. Without waiving his/her objection, the Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant. Interrogatory 13. List any and all expert witnesses you plan to call to testify at trial, and for each such person: a. State their name, address and telephone number; and b. State the nature and substance of their expected testimony. Response: Interrogatory No. 13 is objected, to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving his/her objection, the Defendant at this time has no witnesses, but reserves the right to call witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant. Interrogatory 14. List any and all Exhibits you plan to introduce at trial. Response: Interrogatory No. 14 is objected, as it is once again requesting information that it is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Interrogatory 15. Has any individual help you prepare and/or analyze any document(s), including but not limited to letters/correspondence, pleadings, or other documents, throughout the course of this litigation? If so, please state the name of the individual(s) and the document he/she helped you prepare and/or analyze. Additionaly, please state the name of business where individual is employed. Response: Dependant is appearing Pro Se for all the responses to the Plaintiff’s Non-Uniform Interrogatories. Any comments and suggestions will gladly appreciated  |
#6 09-19-2010, 04:04 PM | |||
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| Yes, they just like out of nowhere sent me a Summon without any letters saying that they own that Debt. They're claiming that they bought it from Bank of America. On their Complaint, there's no statements or even account number. It was my first time , so i'm kinda freak out, then I submit my answer without a counterclaim (I should have to)  . But yeah, I'm on my Discovery moment |
#7 09-19-2010, 05:40 PM | |||
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| I'm hoping some of the more knowledgeable posters are going to chime in here. But here goes: Your answers are a little more detailed than mine were when I went through a lawsuit, but they look fine to me. I might have answered #9 like this: Quote:
You answered #10 exactly as I would have. By the way, is the debt within or outside the SOL? |
#8 09-19-2010, 09:13 PM | |||
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| Yes it is still in SOL, my last encountered with Bank of America was on/about September 2008. I actually did not applied for the credit card, it was just add to our checking account, because we have a checking account with them before. I never signed any agreement (but sad to say I used it ) But then , I resigned to my job because I have difficulty on my pregnancy. |
#9 09-20-2010, 05:03 AM | |||
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| Ok, even though it's still within the SOL, BofA doesn't own it anymore. Cach must prove they own the debt and have the right to collect. I'm sure you've been reading these boards and understand how JDBs buy portfolios. Unless Cach can prove your debt with your name was in the portfolio they purchased, they can't prove they own it. I loved Interrogatories #6 and #11. They were trying to get you to admit you had a CC with BofA, that your account number matched the one they have, and that you knew the balance. Sneaky little jerks. Just keep reading and learning. That's your best weapon. Hope you're doing well. |
#10 09-20-2010, 02:43 PM | |||
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| I think this is posted in the wrong place. This is the post-judgment forum. It sounds like they do not have a judgment yet, this is just pre-trial discovery. |
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