Below are the actual answers I used for the responses to document requests.

1. Please provide copies of any and all payments made on the account sued upon, for example, all canceled checks, money order receipts, etc., including a copy of any payment which you allege paid off or settled the account sued upon.

Answer: Defendant objects to Plaintiff’s request for Documents No.1 as it assumes there is an account being sued upon where no account has been identified as of yet by Plaintiff or their attorneys. It is burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of Defendant, more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession. Defendant cannot provide what is requested.

2. Please provide copies of any and all settlement letters or offers to settle regarding the account sued upon.

Answer: Defendant objects to Plaintiff’s request for Documents No. 2 as it is over-broad and unduly burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of Defendant. Plaintiff claims they are the assignee of the alleged account therefore these documents should be more readily or accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession. Defendant has no documents to provide this request.

3. Please provide copies of any and all receipts, letters, or other information that supports your contention the account was paid in full.

Answer: Defendant objects to Plaintiff’s request for Documents No. 3 because Defendant never alleged that the account was paid in full, therefore cannot provide this request.

4. Please provide copies of any and all exhibits and/or evidence that you intend to introduce at trial.

Answer: Defendant cannot provide request for Documents No. 4 because he does not have any exhibits.

5. If you are currently involved in any litigation as a plaintiff, inside or outside of the state of Indiana, please provide a copy of the petition for damages, including amendments and responses.

Answer: Defendant answers that Defendant is not currently in any litigation as a plaintiff and, therefore, has nothing to provide.

6. Please provide copies of all notice letters, collection letters, statements and charge slips in your possession on the contract sued upon.

Answer: Defendant objects to Plaintiff’s request for Documents No. 6 on the grounds that it is burdensome, seeing it is requesting documents in regards to the contract sued upon, where no contract as of yet has been identified by Plaintiff or their attorneys. Defendant has nothing in his possession to provide.

Tags: Defendant's Objections, Defendant’s Package, Document Requests, Responses to Document