For a general discussion of the action on a promissory note, see section 14.25 in this manual. If foreclosure of a security interest is sought, combine these interrogatories with those at form 18-18.
Pattern Interrogatories—Promissory Note
1.Identify the person answering these interrogatories.
2.State the manner of organization of Defendant—for example, corporation, partnership, limited partnership, sole proprietorship, or individual.
a.If Defendant is a corporation, identify each officer and director.
b.If Defendant is a partnership, identify each partner and state whether he is a general or limited partner.
3.Is the document attached as Exhibit [exhibit number/letter] (the “Note”) a true and genuine copy of a promissory note?
4.If the answer to interrogatory number 3. is not affirmative, state clearly each detail in the Note that Defendant contends makes it something other than a promissory note.
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Practice Note: As each discrete subpart is considered a separate interrogatory, interrogatory number 5. may be construed as eight interrogatories. Interrogatories are limited to fifteen in a level 1 case. |
5.With reference to the Note, state or identify:
a.The party signing the Note.
b.The date the Note was signed.
c.The place where the Note was signed.
d.Each person present at the time the Note was signed.
e.The person to whom the Note was delivered.
f.The date and amount of each payment made under the Note, the form of each payment, the party making each payment, and the party to whom each payment was made.
g.The principal balance due on the date of last payment under the terms of the Note, and the mathematical computations used to compute the amount.
h.The date, amount, and nature of each offset or credit Defendant claims against the balance due.
6.Was the Note signed by Defendant?
7.If the answer to interrogatory number 6. is not affirmative, state whether Defendant knows the individual whose signature appears on the Note, then state the nature of every relationship Defendant has had with that individual, the inclusive dates of each such relationship, and the title or terminology that best describes each such relationship.
8.By reason of the execution of the Note, did Defendant unconditionally promise to pay the sum of $[amount] to Plaintiff?
9.If the answer to interrogatory number 8. is not affirmative, state each and every reason for executing the Note and whether you contend or believe the obligations created were satisfied.
10.If you do not believe that Plaintiff is the owner and/or holder of the Note, identify the individual, corporation, or other business entity that Defendant contends is the present owner and/or holder of the Note.
11.If the answer to interrogatory number 10. is not Plaintiff, state the date on which the named individual or entity acquired the Note and the manner by which the Note was acquired.
12.Has Defendant made any payments to retire the principal or accrued interest on the Note?
13.If the answer to interrogatory number 12. is affirmative, state the date, method, and amount of each such payment made by Defendant and state the name and business and residence addresses of each person or entity to whom each such payment was made.
14.Has the Note been accelerated by Plaintiff?
15.Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial.
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Attach exhibit(s). |