JoeShmoley

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About JoeShmoley

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  1. Actually, pursuant to Oklahoma's Rules of Civil Procedure, I don't believe that there is any need to file a motion for discovery, since discovery is a matter that is between the parties, and the courts, usually, don't get involved in that part of the process, unless one party moves to compel discovery upon the other party due to a lack of response / cooperation from the offending party.
  2. Hello Kazmin, Your answer to the summons should address all allegations in the complaint, one by one, by admitting, denying, or stating that you have insufficient knowledge to admit or deny the allegation. For example, you might want to answer #1 as follows: Answering allegation #1 of Plaintiff’s complaint, Defendant admits each and every allegation contained therein. (As far as I know, Oklahoma does not require debt collectors to be licensed in order to conduct business). For #3 and #4, you may want to deny these allegations and stating specifically why you deny them (if you have any defenses against these allegations). If you have no knowledge of the matter or lack sufficient information, you may declare : Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegations in this paragraph,
  3. Hello to all, I posted on here quite a few months ago. Since that time, very little has happened. Plaintiff has still not sent much of anything - even after a case management hearing took place back in October, and the attorney that appeared via phone, stated that more documents would be sent. (I wasn't really expecting anything to be sent to me, anyway). At that "meeting", a pretrial conference was scheduled for February. I must admit, due to time constraints I have not devoted as much time as I should have, however, In the meantime, I have been trying to prepare for the actual trial, as much as I can. In a recent letter I received, the Plaintiff requested that I include my summary of defense, list of witnesses, or any information that I 'feel' is important, so that they may file it with the court 'in a timely fashion'. . How do I respond to this request? Is it necessary to respond at all? I have already sent them my initial response to all their inquiries. As for the pretrial hearing - what exactly can I expect? So far, the Plaintiff has forwarded very little - to the best of my knowledge, Plaintiff expects to introduce one witness at trial or a stand-in for that witness who will 'authenticate' the Plaintiff's records and testify as to how the Plaintiff came up with the total sum. May I ask the Judge to compel further discovery at the conference? Thanks in advance.
  4. Update: It's been a long time (more than 50 days after sending my request for production of documents), but, I was finally able to get around to filing a motion to compel the plaintiff to produce documents. With just days to go before the motion hearing plaintiff sent me all of their objections to my requests with the exception of producing two bills of sale, a chain of title report dated in the last 30 days or so, and a choppy printout (4 pages total) of account activity that shows balance as of that date. Would it be best to drop the motion and just wait for the case management conference which is scheduled close to the end of this year?
  5. Update: It has been 30 days since I mailed them my Request for Production of Documents, and have not heard anything from the Plaintiff's attorney. So, I will be heading to the courthouse to file a motion to compel sometime this week.
  6. @BV80 Absolutely none whatsoever. The other day, however, I received a letter in the mail stating that they received my request for verification, so they have notified the OC of my request, which might just take a while as their records are stored on Microfiche. (Standard letter, really)
  7. Might as well get this part over with. Advice would be greatly appreciated. Apologies in advance for it being so lengthy, 'Rog questions and answers: 1. State your full name, date of birth, residence, employer's name, your occupation and businessaddress. A. (First name, Middle Initial, Surname). Defendant objects to providing plaintiff with further information, such as place of employment, date of birth, residence, occupation, business address. Question is not calculated to produce admissible evidence and is intended to harass the Defendant. 2. Did you file an application for a credit card with.... A. After conducting a reasonable inquiry, Defendant does not recall filing an application for a credit card with... Defendant is not in possession of such information. Defendant makes requests to Plaintiff for valid proof thereof, that defendant did in fact have account ending in # established in his name. 3. If you did not file an application for a credit card/account the original credit grantor, did you receivean unsolicited credit card or similar invitation from the original credit grantor? A. Defendant does not recall receiving an unsolicited credit card or similar invitation from the original creditor. 4. Please state with respect to the receipt of your credit card/account: (a) The approximate date you received your credit card. (How many credit cards you received. © The credit card numbers.((1) The expiration date of your credit card. (e) Whether you ever used said credit card. 4 (f) Whether you are still using said credit card and, if so, the approximate date you last used it. A. Defendant has denied knowledge of the account, and does not possess information with respect to the account and is, therefore, unable to provide an adequate answer. . 5. Did you, in fact, use said credit card/ account to purchase goods or services? A. Defendant does not recall using said credit card in question. Furthermore, Defendant has denied knowledge of the account. 6. If you personally did not use said credit card/ account to purchase goods or services, did you formallyor informally authorize someone to use the card..... A. Plaintiff has not provided the Defendant with valid proof of account in question, therefore, Defendant denies knowledge of this account and is unable to provide an adequate response. 7. If you did not authorize someone to use your credit card state in detail the circumstances of such useand the name and address of the person or people who used it. A. Defendant does not have any memory of the account in question, nor possesses any information with respect to the account, and therefore is unable to provide an appropriate response. 8. Was the credit card lost, stolen, or the account numbers compromised... A. Defendant does not have any memory of account in question, and is unable to properly answer this question without proper knowledge and proof thereof. 9. Was the credit card ever reported to any law enforcement agency as having been lost, stolen or theaccount numbers compromised to the extent that any unauthorized use occurred? A. Defendant has no recollection of the account. Defendant does not remember the account ending in # and, therefore, Defendant is unaware of any police reports with respect to the account in question. 10. Did you notify the original credit grantor of any alleged theft, loss, or compromise to the extent thatany unauthorized use occurred? A. As previously stated, Defendant does not remember making contact with creditor company with respect to any alleged theft, loss, or comprise. Moreover, defendant does not recall nor possesses knowledge or documents with respect to account ending in... and is, therefore, unable to answer this question. 11. If you did notify the original credit grantor of any alleged theft, loss, or compromise to the extent thatany unauthorized use occurred, state: (a) Date of notification. (To whom notice was sent. © Whether such notice was oral or written and, if written, affix a copy to your answer. ((1) If oral, please state the name of the person with whom you spoke and the substance of theconversation. A. Defendant has no current recollection of ever contacting creditor company in question. 12. Have you made any payment for or on account of any items which you do not find credited towardsthe amount set forth in Plaintiffs Complaint and if so, how was/were said payment or paymentsmade, when and to whom? A. Question is confusing. Defendant is unable to provide a proper answer to this question. 13. What, if any, credits, allowances or deductions do you claim to be entitled to which have not beengiven you by the Plaintiff or the original credit grantor? A. Defendant has not and does not claim any credits, allowances, or deductions to an account that Defendant does not possess cognizant knowledge or material proof thereof 14. Have you stated to the Plaintiff, its Counsel, or its Agents, that you owe the amount set forth in thePlaintiff’ Complaint, or any other amount in connection with this lawsuit, and if so, what is theamount? A. No. 15. State whether you owe the Plaintiff the amount set forth in the Plaintiffs Complaint, exclusive ofinterest. A. Defendant does not believe to be in debt to the plaintiff for any amount. 16. If you deny owing any money to the Plaintiff state: (a) What amount, if any, you admit owing the Plaintiff.(Fully and in detail explain the facts upon which you rely in denying liability. A. Defendant is unaware of any amount owed to plaintiff at this time. Defendant has denied knowledge of account ending in #. Furthermore, Plaintiff has thus far failed to provide the Defendant with valid proof of debt in question. 17. Please state the name and address of every banking institution (including, but not limited to statebanks, national banks, federal banks, private banks, and credit unions) at which you currently have, or inthe last three years have had, an account of any type. State the name and address of the bank, the type ofaccount, when the account was opened, the names and addresses of all owners listed on the account, andthe closing date on the account (if applicable). A. Defendant objects on the grounds that this information is personal, confidential, and private. This question seeks information that is not relevant to any issue in this action. Information is not calculated to lead to the discovery of admissible evidence, Information is not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.
  8. Thanks again for the assistance that has been provided thus far. Here's another document that I have to send off before the 30 days deadline. Admissions. For the sake of brevity, I will paraphrase their questions. 1. You authorized credit card account to be established... A. Plaintiff has not provided Defendant with valid documentation to show that Defendant authorized that so-and-so account be established in his name. Defendant cannot, at this time affirm that said account was in fact established without valid proof thereof. Defendant reserves the right to amend his answer as new information becomes available. 2. OC issued you a card ending in... A. Defendant does not properly recall having an account ending in #XXXX established. Defendant is not in possession of such information. Defendant makes requests to Plaintiff for valid proof thereof, that defendant did in fact have account ending in # established in his name. 3. You received credit from OC... A. Defendant has stated that he does not recall said account in question, therefore, defendant is unable to affirm that he received said credit from the Original creditor company. Defendant requests valid proof thereof that may be in the Plaintiff's possession. 4. Received benefit or other convenience by receiving credit... A. Defendant cannot affirm that he received any benefits or conveniences from the original creditor company. Defendant is unable to provide a valid answer to this question without proper and valid documents from the plaintiff. 5. You used the credit extended to purchase goods and services... A. Defendant cannot provide a valid answer to this question. Question asks Defendant to make an affirmation without proper proof thereof. Furthermore Defendant does not possess any documents to give a proper response. 6. CC Agreement provides for the assessment of interest and fees... A. Defendant cannot confirm or deny whether said card agreement provides for the assessment of interest and late fees without knowing the exact details of said card agreement. Defendant asks that plaintiff provide valid proof thereof. 7. Agreement states that you agree to pay all expenses OC or its successors and/or assigns may incur.... A. Defendant cannot state in the affirmative what said contract stated. Defendant has repeatedly stated having no knowledge of said account and, therefore, is unable to provide an answer. Defendant makes request of said document to the Plaintiff. 8. OC has sold, transferred or otherwise assigned rights to collect as reference in the complaint by Plaintiff... A. Defendant is unable to properly answer this question. Question calls for the Defendant to make assumptions that only the Plaintiff can properly answer. 9. You requested, by making application to the OC, that credit be extended with the expectation of repayment... A. Question asks Defendant to provide a valid answer that cannot be properly answered without valid proof. Defendant has no recollection of making such request. 10. You received e-mail correspondence, account statements, from OC.. A. Defendant cannot recall ever receiving from the original creditor any e-mail correspondence, balances, statements, or any electronic documents showing transactions. 11. You never notified the OC of any dispute the account prior to suit... A. Defendant cannot properly answer this question. Defendant has repeatedly denied knowledge of account in question. 12. You received demand for payment from OC.... A. Defendant is not in possession of any documents that show demand for payment from the original creditor company. 13.You never paid OC or it successors amount demanded in Plaintiff's complaint... A. Defendant has denied knowledge of account. Defendant does not properly recall receiving said demands. Defendant asks plaintiff to provide valid proof thereof. 14. You never notified OC that amount claimed due was not due. A, Defendant is unable to properly answer. Defendant has not received said documents in question from the plaintiff. 15. You owe an amount of money on the account which is the subject of complaint... A. Defendant denies owing any amount to the plaintiff. Defendant asks for firm proof thereof. 16. You owe X amount plus interest and costs... A. Defendant denies owing X Amount, plus interest, and costs, on the account in question. 17. You have no defense.. A. Defendant is unable to provide a claim of defense without proper knowledge of all the facts and information in plaintiff's possession. 18. You have no documents to show an amount, owed by you, which is different than the amount claimed by Plaintiff... A. Defendant has no knowledge of the account in question. Therefore, defendant cannot provide documents that show any amount owed. Defendant requests that plaintiff produce said document in question.
  9. Thank you Seadragon for confirming. And thank you racecar for providing me with these questions. I was stuck on how I should approach that issue. Long day for me today. I'll be back tomorrow. Thanks again.
  10. After receiving a summons in the mail I attempted to contact the law firm via e-mail. In the e-mail I stated that I received such and such summons. I was unaware of this. Is it possible to provide me with this proof thereof? Thereafter, I went to the district court and responded to the summons. About two weeks later, I received the request for documents, the interrogatories, and request for admissions.
  11. Hello. I hope that this post is not redundant. I've made various searches on this forum and have found it very informative, however, I need assistance in answering these questions. I will also need some assistance with other documents that need answering. Before I do that - should I keep it inside this thread or make a new one? Thank you. Questions and answers. Production of documents. 1. Signed / unsigned documents, statements made by defendant... A, .Defendant's only statement made with respect to the plaintiff's complaint was made via e-mail on X Month 2013. (attached document) 2. stenographic, electrical, mechanical or other recording transcription... A. Defendant has provided plaintiff with (1) electronic communication that Defendant made to plaintiff, asking for valid proof of plaintiff's claim. 3. Signed / unsigned written statements pertaining to the facts alleged in the Plaintiff's complaint, made by any person other than the Defendant. A.Defendant is unaware of any documents, therefore, Defendant is unable to provide Plaintiff with said documents. 4. Documents relating to your so-and-so account... Receipts, signatures, agreements, etc. A. Defendant does not have in his or her possession any documents, receipts, signed credit card applications, monthly statements, or any documents pertaining to the account in question. 5. Documents identifying payments made by you or any person or entity making payments...In the event you don't possess such documents, please list in detail financial institutions, locations, account numbers.... A. Defendant has no records, statements, receipts, canceled checks, or any other payment instrument of record to provide the Plaintiff. 6. Copies of documents you intend to present at trial. A. Defendant does not intend to introduce any documents at the time of trial. However, Defendant reserves the right to provide plaintiff with such documents as may become available prior to the time of trial. 7. Copies of expert reports... A. Defendant does not possess any expert reports prepared on their behalf. 8. Police reports relating in any manner to your "so-and-so" credit card. A. Defendant is unaware of any police reports that were made with respect to the account in question. Furthermore, Defendant has no recollection or knowledge of the account in question and, therefore cannot provide Plaintiff with such reports or documents thereof. 9. All documents identified in your interrogatories. A. Documents identified in answers to the interrogatories attached. (none at the this time) 10. Documents identifying your place of residents from 20XX to the present. A. Defendant cannot provide Plaintiff with documents that identify Defendant's residential address starting from 20XX, as plaintiff has moved a number of times, and kept no written records or otherwise. Furthermore, Defendant objects to request. Request is irrelevant to the matter in question.