APPENDIX I SAMPLE INTERROGATORIES CAUSE NO. ' IN THE DISTRICT COURT Plaintiff, ' ' V. ' JUDICIAL DISTRICT ' ' Defendant. ' OF COUNTY, TEXAS DEFENDANT S INTERROGATORIES TO PLANTIFF TO: PLAINTIFF,, by service via fax and mail via its attorney of record,,. NOW COMES, Defendant, and pursuant to Rule 197 of the Texas Rules of Civil Procedure, serves the attached interrogatories to be propounded to Plaintiff,. You are hereby instructed to answer the following interrogatories separately, fully, in writing, and under oath as required by Rule 197.2(d) of the Texas Rules of Civil Procedure. You are notified that the Defendant specifies that the answers shall be served upon the undersigned counsel within 30 days after the service of these interrogatories.
Your failure to make timely answers or objections may subject you to sanctions as provided in Rule 215 of the Texas Rules of Civil Procedure. Furthermore, demand is made for the supplementation of your answers to these interrogatories as required by Rule 193.5 of the Texas Rules of Civil Procedure. Respectfully submitted: VOICE FAX DEFENDANT S NAME Pro Se CERTIFICATE OF SERVICE By my signature above, I certify that a true and correct copy of the above and foregoing document has been served on Plaintiff by service as indicated.
DEFINITIONS AND INSTRUCTIONS a. As used herein, the terms "you" and "your" shall refer to Plaintiff,, the attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Plaintiff,, whether authorized to do so or not. b. The term "documents" shall mean all writings of every kind, source, and authorship, both originals and all nonidentical copies thereof, in your possession or known by you to exist, irrespective of whether the writing is one intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative entity, or any private entity, or any person. In accordance with Tex. R. Civ. P. 192.7, a document is deemed to be in your possession, custody or control if you have either actual physical possession of a document or constructive possession of the document. Constructive possession means that you have a superior right to compel the production of such document or a copy thereof from a third party having actual physical possession of the document. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded matter. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, or accessible through, computer or other information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes
of illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses; announcements; bills, statements, and other records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers, receipts and other records of payments; charts, drawings; check registers; checkbooks; circulars; collateral files and contents; contracts; corporate by-laws; corporate charters; correspondence; credit files and contents; deeds of trust; deposit slips; diaries, drafts; files; guaranty agreements; instructions; invoices; ledgers, journals balance sheets, profit and loss statements, and other sources of financial data; letters; logs, notes, or memoranda of telephonic or face-to-face conversations; manuals; memoranda of all kinds, to and from any persons, agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; press releases; printed matter (including published books, articles, speeches, and newspaper clippings); purchase orders; records; records of administrative, technical, and financial actions taken or recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements; specifications; statement of bank accounts; statements, interviews; stock transfer ledger; technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results, and conclusions; summaries, notes, and other records and recordings of any conferences, meetings, visits, statements, interviews or telephone conversations; telegrams; teletypes and other communications sent or received; transcripts of testimony; UCC instruments; work papers; and all other writings, the contents of which relate to, discuss, consider, or otherwise refer to the subject matter of the particular discovery requested.
c. "Person": The term "person" shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes or any other purposes. d. "Identify" or "Identification": (1) When used in reference to a person, "identify" or "identification" means to state his or her full name, present or last known residence address, present or last known business address and telephone number. (2) When used in reference to a public or private corporation, governmental entity, partnership or association, "identify" or "identification" means to state its full name, present or last known business address or operating address, the name of its chief executive officer and telephone number. (3) When used in reference to a document, "identify" or "identification" shall include statement of the following: (a) the title, heading, or caption, if any, of such document; (b) the identifying number(s), letter(s), or combination thereof, if any; and the significance or meaning of such number(s), letter(s), or combination thereof, if necessary to an understanding of the document and evaluation of any claim of protection from discovery; (c) the date appearing on such document; if no date appears thereon, the answer shall so state and shall give the date or approximate date on which such document was prepared;
(d) the number of pages and the general nature or description of such document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.), with sufficient particularity so as to enable such document to be precisely identified; (e) the name and capacity of the person who signed such document; if it was not signed, the answer shall so state and shall give the name of the person or persons who prepared it; (f) the name and capacity of the person to whom such document was addressed and the name and capacity of such person, other than such addressee, to whom such document, or a copy thereof, was sent; and (g) the physical location of the document and the name of its custodian or custodians. (4) Unless a specific date or dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up to and including the present date. e. "Settlement:," as used herein, means an oral or written, disclosed or undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, "arrangement, "deal", "understanding," loan arrangement, credit arrangement, contingent settlement, limitation on the amount of liability or judgment, or a promise by or between Plaintiff and any defendants or between any defendants herein whereby Plaintiff or defendant(s) have in any way released compromised,
in whole or in part, directly or indirectly, or agreed to do so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial or before or after any jury verdict is returned herein or a judgment is entered or rendered herein. The term "settlement" is also meant to include any resolution of the differences between the Plaintiff and defendant(s) by loan to the Plaintiff or any other device which is repayable in whole or in part out of any judgement the Plaintiff may recover against defendant(s). The term "settlement" shall also include "Mary Carter Agreements" as that term is used under Texas Law.
INTERROGATORIES 1. Identify the person or persons answering these interrogatories. Include their business address, business phone number, and title within the Plaintiff s organization. 2. Identify all persons known to you who have knowledge of facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel, or by any person cooperating with you in the defense of this action, and state the subject matter of testimony, giving a brief description thereof, for each person you may call as a witness in this case. 3. State your full name, your business purpose, (e.g. Creditor, Lender, Collection Agency, etc.) and your form of Business organization (e.g. corporation, partnership, sole proprietorship, etc.) 4. 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.
5. 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. 6. If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following: A) Creditor name B) Creditor Address C) Creditor account or reference number for the subject of this action D) State all facts in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs E) Identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs F) Identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs 7. For each person who has had any involvement in any manner in any efforts on Plaintiff s behalf to collect or attempt to collect any debt(s) purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.
8. Describe each action taken, the nature, contents and subject matter of each discussion or conversation held, and the time, place and the date of each such action or conversation; and identify all documents relevant, related to or reflecting said involvement of each such person. 9. Describe the maintenance of all procedures utilized by you, at anytime from, the date account was alleged opened with, through the present to assure accuracy against violations of the Fair Debt Collection Practices Act. 10. Identify the persons or entities, which are the creditor(s) regarding any debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities. 11. Identify each person who has had any contact or communication on your behalf with persons or entities regarding Defendant or Defendant s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof.
12. If Plaintiff is not the original creditor, pleas describe all collection activities which you were authorized to perform by the original creditor and identify the terms of the agreement between the original creditor and Plaintiff pursuant to which you sought to collect this account. 13. To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying creditor(s). 14. Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information requested in these interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each such document, please identify the document, how, when and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.
15. State all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff. 16. 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. 17. Identify the relationship between you and, with regards to the legal relation with one another, revenue sharing, and contractual agreements. 18. Identify the relationship between you and, with regards to the legal relation with one another, revenue sharing, and contractual agreements. 19 Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in the allegations made in Plaintiff s Original Petition.
20. Identify all documents that the Plaintiff s collectively intend to rely upon as a defense in this Counter-Claim. 21. Identify all recordings Plaintiff now possesses or have ever possessed that purport to contain statements made by Defendant. 22. State all actions taken to verify the accuracy and completeness of the account(s) made the basis of this suit and state your procedures designed to assure the maximum possible accuracy of this information. 23. State completely the factual basis of each defense to any counterclaims made by Defendant, which you now assert or will assert in this action.
VERIFICATION STATE OF ' ' COUNTY OF ' BEFORE ME, the undersigned authority, on this day personally appeared the undersigned representative of Upshur County in the above numbered and entitled cause of action, and after being duly sworn, stated that the above and foregoing answers to interrogatories are true and correct. SWORN TO AND SUBSCRIBED BEFORE ME by the said, on this the day of, 2012, to certify which witness my hand and seal of office. Notary Public, State of