IN THE [YOUR COUNTY] CIRCUIT COURT OF THE STATE OF [YOUR STATE]

In the Court Superior/Circuit

)    Case No.: [CASE NUMBER]

LVNV FUNDING LLC                                                   )

)

Plaintiff,                                   )

)

)     ANSWER, AFFIRMATIVE DEFENSES

)

vs.                                                                             )

)

[YOUR NAME]                                                               )

)

Defendant                               )

)

DEFENDANT [YOUR NAME] RESPONSES TO PLAINTIFF’S FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS

Defendant, [YOUR NAME] pursuant to Indiana Trial Rules 33, 34 and 36 and the local rules of this Court, responds and objects to Plaintiff LVNV Funding LLC’s first set of requests for interrogatories, requests for admissions and requests for production of documents as follows:

DEFENDAN’TS OBJECTIONS AND RESPONSES TO INTERROGATORY REQUESTS

Interrogatory No. 1
Please state your full name, address, date of birth, place of birth, and social security number.

Answer to interrogatory No. 1: I PUT MY ADDRESS HERE. Defendant objects to the remainder of the interrogatory as being irrelevant and invasive of his privacy. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

Interrogatory No. 2
What is the name and address of the bank where you have your checking account?

Answer to interrogatory No. 2: Defendant objects to Interrogatory No. 2 on the grounds it irrelevant and invasive of his privacy. Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

Interrogatory No. 3
Identify any payment that you have made to Plaintiff and state the date of the last payment you made to Plaintiff and the amount of that payment.

Answer to interrogatory No 3: Defendant objects to interrogatory No. 3 on the grounds that it assumes there is an agreement between Plaintiff and Defendant where no agreement has been identified as of yet by Plaintiff or its attorneys. Plaintiff has not proven a valid assignment of valid debt, thus the probity of the requested information is speculative and Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

Interrogatory No. 4
Identify any payment that you have made to the original creditor, Providian Financial, and state the date of the last payment you made to the original creditor and the amount of that payment.

Answer to interrogatory No. 4: Defendant objects to interrogatory No. 4 on the grounds that Plaintiff has not proven an actual contract, nor a valid assignment of valid debt thus the probity of the requested information is speculative and Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

Interrogatory No. 5
Identify any payment that you have made on the account number [ACCOUNT NUMBER] and state the date of the last payment you made on the account and the amount of that payment.

Answer to interrogatory No. 5: Defendant objects to interrogatory No. 5 on the grounds that Plaintiff has not proven an actual contract, nor a valid assignment of valid debt thus the probity of the requested information is speculative and Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

Interrogatory No. 6
What was the number of the last check you wrote to the order of Plaintiff and/or the original creditor as payment on the account?

Answer to interrogatory No. 6: Defendant objects to interrogatory No. 6 on the grounds that Plaintiff has not proven an actual contract, nor a valid assignment of valid debt thus the probity of the requested information is speculative and Plaintiff has provided no evidence sufficient to overcome Defendant’s privacy interests.

Interrogatory No. 7
Please list the date and amount of all payments made by check, money order, banks official check or any other means that you claim were made on the account.

Answer to interrogatory No. 7: Defendant never claimed he made payments on the alleged account therefore cannot list any.

Interrogatory No.8
Is the amount that you owe on the Account sued upon correct, and, if not, what is the correct amount?

Answer to interrogatory No. 8: Defendant objects to interrogatory No. 8 on the grounds that it assumes an amount not in evidence, it is burdensome, it is harassing as it is asking Defendant to answer a question that is not within his knowledge. Plaintiff has not identified the account sued upon nor its amount, as of now it is assumed.

Interrogatory No. 9
If any offers of settlement were made to you on your account, please state the name, address, and phone numbers of the person and company who offered you the settlement and how long the settlement was good for?

Answer to interrogatory No. 9: Defendant objects to interrogatory No. 9 on the grounds that Plaintiff claims to be the assignee of the alleged account therefore Plaintiff should have records or documents of any settlements from Plaintiff’s own files. No offers of settlement have been made to Defendant.

Interrogatory No. 10
Please state the manner in which you paid any settlement that you allege was made (i.e. check, money order, etc.)

Answer to interrogatory No. 10: Defendant never alleged he made any payments therefore has none to list.

Interrogatory No. 11
Have you ever received a settlement letter or paid in full receipt evidencing an amount paid toward the Account sued upon?

Answer to interrogatory No. 11: Defendant objects to interrogatory No. 11 on the grounds that it is duplicative to interrogatory No. 9. Plaintiff claims to be the assignee of the alleged account therefore Plaintiff should have records or documents of any settlements or paid in full receipts from Plaintiff’s own files. No offers of settlement have been made to Defendant.

Interrogatory No. 12
Please provide the following information for each person you will call as a witness at the trial of the captioned manner:

• Name, address, and telephone number
• Place of tmployment
• Relation to Defendant
• The subjects and substance of the testimony the witness will give and whether the witness is to be tendered an expert witness.

Answer to interrogatory No. 12: Defendant objects to interrogatory No. 12 and objects to interrogatory No 12’s sub-parts 1,2,3,4 on the grounds that it is premature in that it requests Defendant, prior to the completion of discovery, prior to having any evidenced submitted in regards to this entire lawsuit to answer such information. Defendant reserves the right to update this answer to this interrogatory and its subparts 1,2,3,4 at a later time when and if a decision is made.

Interrogatory No. 13
Please identify and describe each exhibit you will use in the trial of the captioned matter.

Answer to interrogatory No. 13: Defendant answers interrogatory No. 13 that Defendant has no exhibits, because Defendant has not received any evidence in support of this lawsuit.

Interrogatory No. 14
Are you currently involved in any litigation in which you are a plaintiff? If so, then:

• In what court is this matter pending?
• What is the nature of this claim?

Answer to interrogatory No. 14: Defendant objects to interrogatory No. 14 and its sub parts on the grounds of being irrelevant and invasive of his privacy. Defendant however will answer that he is not currently in any litigation as a plaintiff.

Interrogatory No. 15
State fully, completely and at length the factual basis of each defense, which you now assert or intend to assert in this action:

Answer to interrogatory No. 15: Defendant objects to Plaintiff’s interrogatory No. 15 as being premature as Plaintiff has not identified any evidence what so ever in regards to this action. Defendant has listed his affirmative defenses within his answer to Plaintiff’s complaint; Defendant is still without evidence. When Defendant receives his discovery back from Plaintiff, Defendant will without a doubt have defenses and reserves the right to update this answer to this interrogatory at a later time when those defenses have been decided.

Interrogatory No. 16
As to each defense set out in response to interrogatory thirteen (13), above, state the following as to notification by Defendant of such defenses: (a) the date or dates when notification was given; (b) the manner in which notification was given; and (c) the specific party or parties to whom notification was given.

Answer to interrogatory No. 16: Defendant objects to Plaintiff’s interrogatory No. 16 and its subparts as being premature as Plaintiff has not identified any evidence whatsoever in regards to this action. Defendant has listed his affirmative defenses within his answer to Plaintiff’s complaint; Defendant is still without evidence. When the Defendant receives his discovery back from Plaintiff, Defendant will without a doubt have defenses and reserves the right to update this answer to this interrogatory at a later time when those defenses have been decided.

[YOUR NAME] Defendant states under the penalty of perjury that the interrogatory answers are true and correct to the best of his knowledge, information, and belief.

_______[SIGN HERE]________
[DEFENDANT]