can you take a look at my admission answers for Midland?

[drummer55]

Pre Thanks to all that look and/or leave feedback. Its pretty boring till about #13 and I dont know how to answer 18. Any thoughts on that one?



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1. Defendant entered into an agreement with Chase Bank USA, N.A. for a credit card.

RESPONSE:
Denied

2. Defendant used Chase Bank USA, N.A. credit card account services pursuant to the credit card agreement (“agreement”) described in Plaintiff’s Complaint to purchase or lease goods or services, obtain cash advances, or transfer balances from other credit card accounts.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.


3. Defendant received one or more copies of the Agreement

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.


4. Pursuant to the Agreement, Defendant promised and agreed to pay the Chase Bank USA, N.A. its court costs and collection costs in the event of default as permitted by law.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.
 



5. Chase Bank USA, N. A. has performed all of its duties and obligations pursuant to the Agreement.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.


6. Defendant received and every monthly billing statement described in the agreement.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.



7. Defendant did not notify Chase Bank USA, N.A. of any duties or obligations which Defendant believed Chase Bank USA, N.A. failed to perform pursuant to the Agreement.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.



Request for Production No. 1

If Defendant did notify Chase Bank USA, N.A. that it failed to perform pursuant to the agreement, produce any written notice that Defendant sent notifying creditor of Defendant’s belief.

This request calls for admission of documents in a matter defendant has denied and thus it is improper.




8. Defendant did not provide Chase Bank USA, N.A. with notice of any objection relating to the accuracy, quality, fitness, or merchantability of such goods, services, cash advances or transfers acquired with the subject credit card in a timely or in any other manner.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.


Request for Production No. 2

If request for admission number 8 is denied, provide a copy of any written correspondence Defendant sent to Chase Bank USA, N.A. to object to the accuracy, quality, delivery, fitness, or merchantability of such goods, services, cash advances or transfers

This request calls for admission of documents in a matter defendant has denied and thus it is improper.


9. Defendant did not reject goods, services, cash advances or transfers, or any portion thereof, acquired with the subject credit card, in a timely or in any other manner.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.



10. Defendant never notified Chase Bank USA, N.A. by telephone, in writing, or in any other manner that any account credit card(s) had been lost, stolen or was being used without Defendants permission.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.




Request for Production No. 3
If request for admission number 10 is denied, produce any written notice that Defendant sent to Chase Bank USA, N.A. notifying the creditor that the credit card(s) was lost, stolen, or being used without Defendants permission.

This request calls for admission of documents in a matter defendant has denied and thus it is improper.


11. Defendant did not object or protest, in writing or otherwise, to the amount billed in any invoice or billing statement sent to the Defendant after each monthly billing period pursuant to the Agreement.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.




Request for Production No. 4
If request for admission number 11 is denied, provide a copy of any written objection or protest to an amount billed on any invoice or billing statement sent by the Defendant to Chase Bank USA, N.A.

This request calls for admission of documents in a matter defendant has denied and thus it is improper.


12. As a result of Defendant’s breach of the Agreement, Chase Bank USA, N.A. has been damaged in the sum of $1,111.11, together with interest thereon at the statutory rate of 9% per annum from August 1, 2009 until paid

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.


13. On or about February 7, 2012 Defendant was and remains indebted to Midland Funding LLC in the sum of $1,111.11 for the balance of credit card account as described in Plaintiff’s Complaint.

RESPONSE:
Denied. Defendant has no contract or agreement with Midland Funding LLC and is not indebted to them.

14. Although duly demanded by Midland Funding LLC, no part of the $1,111.11 which Defendant owes to Plaintiff has been paid

RESPONSE:
Denied in Part and Admitted in part. Defendant denies anything is owed to Plaintiff. Defendant admits Plaintiff has demanded $1,111.11. Defendant admits nothing has been given to Plaintiff.


15. Although duly demanded by Chase Bank USA, N.A. no part of the $1,111.11, which Defendant owes has been paid.

RESPONSE:
Deny. Chase Bank USA, N.A. has never demanded $1,111.11 from Defendant.

16. Defendant has not made any other payments or caused other payments to be made, on its indebtedness for which credit has not heretofore been given.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.



17. The interest rate prior to any judgment awarded on whatever amount Defendant is adjudicated to be liable for is at the statutory rate of 9% from the date of charge off until paid.

RESPONSE:
Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.



18. Plaintiff has been required to retain the services of legal counsel to represent it in these proceedings.

RESPONSE:
?????????????????????


19. Plaintiff has declared the full indebtedness under the Agreement due, owing and unpaid.

RESPONSE:
This request calls for admission of matter defendant has denied and thus it is improper.


20. Plaintiff is an entity as described in Plaintiff’s Complaint.

RESPONSE:
Denied. Despite no mention of it anywhere in the Complaint Plaintiff is an admitted national collection agency is unregistered and unlicensed as such in Oregon and is currently in violation of ORS 697.045 by bringing action to the Court. (one of my reasons for my motion to dismiss in lieu of an answer so I figured I had to answer this way for this question)

21. Plaintiff is entitled to a judgment in its favor pursuant to its prayer(s) for relieve, as a matter of
law.

RESPONSE:
Denied. Plaintiff has provided nothing to prove this matter should be judged in their favor.


22. The documents and exhibits attached to or described in Plaintiff’s Complaint are genuine and accurate.

RESPONSE:
No documents or exhibits were provided

23. Chase Bank USA, N.A. assigned its rights under the terms of the Agreement to Plaintiff.

RESPONSE:
Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of this and leaves the Plaintiff to provide the full chain of the assignment of the debt. Defendant demands strict proof thereof.



24. The last four digits of Defendant’s, Billy Bob’s Social Security number are ***-**-9999

RESPONSE:
admit

[legaleagle]

18. Plaintiff has been required to retain the services of legal counsel to represent it in these proceedings.


OBJECTION Certainly plaintiff can discern whether or not they have retained counsel, which is their choice. The request calls for a conclusion which has nothing to do with the underlying matter.

[drummer55]

Thanks Legaleagle.

I just found where Huey had posted the exact same admissions earlier from Midland. I'm giving the answers he got from the forum a look and will adjust mine if needed.

[BV80]

Be sure to check your RCPs concerning responses to admissions. See if they stipulate that if you use the "insufficient knowledge" response whether or not you have to explain why you have insufficient knowledge.

Also, you need to find out if "This request calls for admission of matter defendant has denied and thus it is improper." is a sufficient response. If it's not, the admission could be deemed admitted.

[drummer55]

Originally Posted by BV80

Be sure to check your RCPs concerning responses to admissions. See if they stipulate that if you use the "insufficient knowledge" response whether or not you have to explain why you have insufficient knowledge.

Also, you need to find out if "This request calls for admission of matter defendant has denied and thus it is improper." is a sufficient response. If it's not, the admission could be deemed admitted.

ooh hadnt even thought of either of those. on it.