How does this look? I used what I saw on other threads for my case. Thanks in advance for your help!
DEFENDANT’S RESPONSES TO PLAINTIFF’S FIRST SET OF REQUESTS FOR ADMISSION, INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS
Now comes the Defendant, winged11, pro se, pursuant to CR 33, 34, and 36, responds to Plaintiff’s, LVNV Funding LLC, First Set of Requests for Admission, Interrogatories and Requests for Production of Documents as follows:
RESPONSES TO REQUESTS TO ADMIT
1. You personally opened the Account in your name.
Response:
DENY
2. Credit was issued on the Account.
Response:
DENY
3. You received the Agreement regarding the Account.
Response:
DENY
5. You activated the Account.
Response:
DENY
6. You and/or an authorized user used the Account.
Response:
DENY
7. You defaulted in making payments to the Issuer for charges incurred on the Account.
Response:
DENY
8. You received regular bills on a monthly basis from the Issuer which detailed all charges on your Account.
Response:
DENY
9. The current balance on the Account as stated in the complaint is correct.
Response:
DENY
RESPONSES TO INTERROGATORIES
1. When did you first open the account number XXXXXXXX-XX-6720?
Answer:
The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves the existence of this account the Plaintiff should already have this information. Burden of proof rests with the Plaintiff.
2. What do you believe the current balance of the Account is at this time?
Answer:
The Defendant has denied the existence of any alleged account in the complaint. If information exists that proves there is an account balance the burden of proof rests with the Plaintiff.
3. Did you ever object to any billing statements you received from the Issuer? If so, state the date and substance of each such objection and attach copies of the objections(s).
Answer:
The Defendant has never received any billing statements that may pertain to the alleged debt, therefore the Defendant cannot answer this question.
4. State the date and amount of each transaction you made on the Account. Attach copies of all account statements issued to you by the Issuer for the Account.
Answer:
The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in his custody? Burden of proof rests with the Plaintiff. The Plaintiff is on a fishing expedition, the Plaintiff has filed suit, therefore this information should be known to the Plaintiff.
5. If you claim you are entitled to any credits on the Account that have not been applied, state the nature and the amount of the credits and how they were calculated.
Answer:
Defendant has denied the alleged debt, why would he claim any credits on an account that he has denied? If such information becomes known to the Defendant during these proceedings the Defendant reserves the right to claim any credits.
6. State every address you have lived at since January 10, 2019.
Answer:
Objection. Irrelevant, will not lead to any legal conclusion.
7. Please identify any authorized parties who made the charges and the dates and amounts charged on the account by said third party.
Answer:
The Defendant has already denied the alleged debt in the original complaint. If the Defendant has denied the allegations why would the Defendant have this information in his custody? Burden of proof rests with the Plaintiff.
8. Please identify each person who has or may have personal knowledge of the claims, defenses, of allegations in this lawsuit, including all persons you may call as witness at trial.
Answer:
Objection. Premature. Defendant does not know who will be called as a witness for trial at this time and is still in the discovery process. Also, interrogatory calls for legal conclusion as Defendant is asked to provide information not known to him on an alleged account that is disputed.
9. If you admit that you owe the debt on the Account, but are unable to make payments in full at this time, please specify what payment plan terms you are able to offer Plaintiff.
Answer:
Objection. Leads to no legal conclusion. This type of questioning is irrelevant pre-judgment. If a judgment is rendered against the Defendant he will then discuss this answer with the Plaintiff.
10. For every document identified, disclosed, or produced by you in this lawsuit, identify the date the documents came into your possession, custody, or control, and identify the person who received it, including the persons position or job title.
Answer:
Objection. Overly burdensome. The fact that the Defendant has any documents is enough in itself, when and where the Defendant obtained them is irrelevant.
11. Identify each person who assisted or participated in preparing or supplying any of the information given in answer to or relied on in preparing answers to these interrogatories.
Answer:
None
12. For each allegation of Plaintiff's Complaint to which you have denied, provide the complete factual and legal basis for the denial and provide an explanation of all evidence Defendant will rely upon to support their position.
Answer:
Objection. Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.
13. If you allege identity theft, when did the alleged identity theft occur.
Answer:
None.
14. If you allege identity theft, did you file a police report.
Answer:
None.
15. If you allege identity theft, what steps have you taken to correct the situation.
Answer:
None.
RESPONSES TO REQUESTS FOR PRODUCTION
1. All documents, including billing statements and Agreement(s), related or pertaining to the Account.
Response:
Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
2. Copies of all correspondence received from any party related to the Account.
Response:
Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
3. Copies of all letters or correspondence from you to the creditor(s), a credit bureau, or any other third party objecting to or disputing any charges or the balance of the Account.
Response:
Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
4. All correspondence from you to any third party, other than your attorney, pertaining to this Account.
Response:
Defendant has none at this time but if any become known to the Defendant during these proceedings the Defendant reserves the right to present those documents at such time.
5. Any and all documents identified or referred to in response to Plaintiff's interrogatories and request for production.
Response:
Defendant has none.
6. Any and all documents in your possession or control that are in any way relevant to the claims, defenses, allegations, or subject matter of this lawsuit.
Response:
Defendant has none.
7. All documents you intend to rely upon or introduce into evidence at trial in this matter.
Response:
Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation.
8. A list of any and all witnesses you plan to call for testimony at trial in this matter.
Response:
Objection. Premature, discovery is still ongoing, defendant has not completed trial preparation.