chariss

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About chariss

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  1. Would someone be kind enough to help me in answering the following (received after I responded to the summons admitting only to my name and county residence): CACH,LLC, Plaintiff, vs Defendant( s). PLAINTIFF'S FIRST SET OF INTERROGATORIES To: me, Defendant(s). Pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, you are to answer the attached interrogatories separately, fully, in writing, and under oath. You should deliver a true copy of your answers to the undersigned attorney within thirty days after the date of service of these interrogatories. To the extent that may be required by the applicable rules of procedure and evidence you are hereby notified that Plaintiff intends to use any and all answers to the attached interrogatories as evidence at trial or any other hearing in this case. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was furnished by mail… Law offices of --- Attorneys dedicated to debt collection DEFINITIONS A. "Issuer" refers to CITIBANK SOUTH DAKOTA, N.A .. B. "Account" or "the Account" refers to Account Number ************** with CITIBANK SOUTH DAKOTA, N.A.. C. "Card" or "the Card" refers to the [Visa, Mastercard, Discover] card that was issued on the Account. D. "Defendant," "you," "your," or "yours" refers to me E. "Plaintiff' refers to CACH, LLC and encompasses any person, employee, or other entity authorized to act on Plaintiffs behalf. F. "Identify", as used herein with regard to a person, shall mean to provide the following: (1) the person's full name; (2) any other names the person uses or has used in the past; (3) the person's residential address and telephone number; (4) the person's business addressees) and telephone number(s); (5) the person's employer and job title; (6) if the person is a former employee of Defendant, the person's last job title while so employed, and the date of termination; and (7) if the person is not an employee of Defendant but has some other connection with Defendant, for example, agent, independent contractor, officer, director, or customer, the person's connection with Defendant. G. "Identify", as used herein with regard to documents or tangible things, shall mean to describe such documents or tangible things by title, present location, usual location, custodian, and contents. H. The word "document" is used herein in its broadest sense to include any medium upon or with which information is recorded or preserved which belongs to, or is in or subject to the possession, custody or control of Defendant or Defendant's attorneys, agents, employees, trustees, representatives, professional accountants, and any attorneys with whom you may claim the right of joint defense privileges or special relationships, by whomever generated or received, including without limitation: writings; printings; drawings; graphs; charts; notes; typewriting; photographs; slides; motion pictures; videotapes or cassettes; phonograph records; tape or other mechanical recordings; ledgers; books; statements of accounts; journals; notices; letters; catalogs; canceled checks; bank statements; invoices; bills; diaries; purchase orders; memoranda of telephone communications; telegrams; telexes or "TWX's"; telecopies; drafts or preliminary versions of the foregoing; communications to or from any governmental or law enforcement subdivision, officer, or agency; and any other instrument, writing, recording, or data compilation of any nature whatsoever, including any carbon, photographic, microfilm or other type of copy of such items, whether or not such copy is different from the original by reason of any markings, additions, commentaries, revisions, deletions, or substitutions. I. "Communication" shall include, but is not limited to, any oral communications, correspondence, memoranda, reports, records and/or recordings of telephone calls and reports of meetings. J. "Person" means an individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. K. "Credit bureau" means any person who, for compensation, gathers, records, and disseminates information relative to the creditworthiness, financial responsibility, paying habits, and other similar information regarding any person, for the purpose of furnishing consumer reports to third parties. L. "Chargeoff date" means April 9, 2012. M. "Possession, custody or control" when used in reference to documents or other tangible things includes, without limitation, documents or things in your personal possession, custody or control, documents or things in the possession, custody or control of your attorneys or any other agents of yours, and documents or things which you could obtain, or copies of which you could obtain by reasonable good faith effort. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as Defendant has a superior right to compel the production from a third party (including an agency, authority or representative), Defendant has possession, custody or control. N. "RF A" is Request for Admission. o. "RFP" is Request for Production. INTERROGATORIES AND REQUESTS Interrogatory No.1: Identify all persons who participated in the preparation of the answers to these interrogatories. Interrogatory No.2: If you contend or believe that venue of this action is not proper in the county in which this suit was filed state the factual basis of any such contention or belief. Interrogatory No. 3: If Defendant denies having received the Card identify any persons whom Defendant believes may have received the Card. Interrogatory No.4: If Defendant denies having used the Card identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card. Interrogatory No. 5: If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that Defendant disputes. Interrogatory No.6: If Defendant has refused to admit RFA No. 14 state the factual basis of any such refusal to admit. Interrogatory No.7: If Defendant has refused to admit RFA No. 17 state the balance that Defendant believes to have been due on the Account as of April 9, 2012 and explain how such balance was calculated. Interrogatory No.8: If Defendant has refused to admit RF A No. 18 state the date and amount of each payment that Defendant has made on the Account since April 9, 2012. Interrogatory No.9: If you have refused to admit RFA No. 22 state the facts on which you base your refusal to admit. Interrogatory No. 10: If you have refused to admit RF A No. 23 state the facts on which you base your refusal to admit. Interrogatory No. 11: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. Interrogatory No. 12: If you have refused to admit RFA No. 24 state the facts on which you base your refusal to admit. Interrogatory No. 13: 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. InterrogatoryNo. 14: Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person's anticipated testimony and the opinions of each such person concerning the subject matter of this litigation. Interrogatory No. 15: Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial. Interrogatory No. 16: If you are disputing only a portion of the Account please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes. Interrogatory No. 17: If you have refused to admit RFA No. 25 then, with regard to each charge comprising the Account which you contend or believe to be unreasonable, state the facts on which you base your refusal to admit. Interrogatory No. 18: Please provide the name and address of any and all banking/financial institutions with which you had an account and/or check writing privileges on September 1,2011. PLAINTIFF'S FIRST REQUESTS FOR ADMISSIONS Pursuant to Rule 1.370 of the Florida Rules of Civil Procedure, you are requested to admit the truth of each of the matters stated below and to admit the genuineness of each of the documents that may be attached as exhibits hereto. Pursuant to Rule 1.370 the matter is admitted unless the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. You are to respond to each of the following requests in writing within the time provided above, by delivering or causing to be delivered to the undersigned attorney a statement admitting or denying specifically, in good faith, each matter of which an admission is requested, or stating in detail the reason{s) you cannot truthfully admit or deny the matter. DEFINITIONS A.- O. same REQUESTS FOR ADMISSIONS RFANo.l: You are a resident of the county in which this suit was filed. RFANo.2: You signed the original application for the Card in the county in which this suit was filed. RFA No.3: You used the Card to make purchases or obtain extensions of credit in the county in which this suit was filed. RFANo.4: Defendant applied to Issuer for issuance of the Card. RFA No.5: The Card was issued to Defendant. RFA No.6. Defendant received the Card. RFA No.7. Defendant accepted the Card. RFANo.8. Defendant signed the back of the Card. RFANo.9. Defendant used the Card to make purchases. RFANo.10. Defendant used the Card to obtain extensions of credit. RFANo.ll: Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card. RFANo.12: Defendant accepted each such advance on the Account. RFA No. 13: By accepting each such advance under the terms of the agreement applicable to the Account Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in such agreement. RFA No. 14: Until at least the chargeoff date Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account. RFANo.15: Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement. RFA No. 16: Defendant has failed to repay all of the advances made by Issuer on the Account. RFA No. 17: The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $4900 as of April 9, 2012. RFA No. 18: Defendant has made no payments on the Account since April 9, 2012. RFA No. 19: At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff's attorneys requesting payment of the Account. RFANo.20: The Account was sold to Plaintiff. RFA No. 21: The Account was assigned to Plaintiff. RFANo.22: Plaintiff is presently the owner of the Account. RFANo.23: Defendant is indebted to Plaintiff for the amounts asserted in Plaintiffs Original Complaint in this case. RFANo.24: Defendant is not entitled to any setoff for sums unconnected with payments that have been made by or on behalf of Defendant. RFA No. 25: Each of the charges comprising the Account was reasonable. PLAINTIFF'S FIRST REOUESTS FOR PRODUCTION As to each Request for Production set forth below, the requested items are to be produced and delivered to the undersigned attorney at the Law Offices of, , for inspecting, copying or photographing pursuant to Rule 1.350 of the Florida Rules of Civil Procedure. These requests apply to all described documents and tangible things over which Defendant has possession, custody, or control, and production is to be made within thirty days after the date of service of these requests. All original documents produced and identified as such shall be returned to Defendant within thirty days following receipt thereof. In connection with these requests you are instructed that the phrase "possession, custody or control" has the meaning set forth in the Definitions section below. Privileged Documents: If you withhold any documents based upon a claim of privilege you are to provide a log of such documents, listing them by date, title (or description if untitled), author, and the specific privilege asserted. Lost, Discarded or Destroyed Documents: If any document requested herein has been lost, discarded, or destroyed, please identify such document by providing the following information in your response: 1. Description of document. 2. Date of disposal or loss. 3. Manner of loss. 4. Reason for disposal or explanation of loss. 5. Person authorizing disposal. 6. Persons having knowledge of disposal or loss. 7. Person disposing of document. Authentication and Use at Hearings and Trial: You are hereby notified that all documents produced in response to this request will be used in any pretrial proceeding and at trial. DEFINITIONS REQUESTS FOR PRODUCTION RFP No.1: If Defendant denies having received the Card please produce all correspondence between Issuer and Defendant. RFP No.2: If Defendant denies having received the Card please produce Defendant's checking account records for the period from the account open date through the last payment date, September 1, 2011. RFP No.3: Please produce all billing statements from Issuer to Defendant. RFP No.4: Please produce true copies all correspondence from Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RFP No.5: If Defendant has refused to admit RFA No. 16 produce true copies of all payments made on the Account. RFP No.6: If you have refused to admit RFA No. 18 produce true copies of all documents on which you base your refusal to admit. RFP No.7: If you have refused to admit RFA No. 23 produce true copies of all documents on which you base your refusal to admit. RFP No.8: If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, please produce the documents on which any such contention or belief is based. RFP No.9: If you have refused to admit RFA No. 24 produce true copies of all documents on which you base any assertion of a setoff. RFP No.lO: With regard to each expert identified in response to Interrogatory No. l3 please produce: a. the expert's resume or curriculum vitae; b. all non-privileged notes pertaining to the expert's opinions in this action; c. any reports prepared by such expert; d. all documents and materials reviewed or relied upon by such expert in preparing the report; and e. all correspondence between you or your attorneys and each such expert. RFP No. 11: With regard to each person identified in response to Interrogatory No. 14 please produce: f. the person's resume or curriculum vitae; g. all notes of such person that were reviewed by any expert identified in response to Interrogatory No. 13; h. any reports prepared by such person that were reviewed by any expert identified in response to Interrogatory No. 13; 1. all documents and materials reviewed or relied upon by such person in preparing any such report; and J. all correspondence between you or your attorneys and each such expert. RFPNo.12: Please produce all correspondence between Plaintiff (or any of its attorneys) and Defendant (or any of Defendant's attorneys). RFP No. 13: Please produce all correspondence between Issuer and Defendant. RFP No. 14: Please produce all statements of Plaintiff or any of its attorneys. RFP No. 15: Please produce all witness statements pertaining to this litigation. RFP No. 16: If you have refused to admit RF A No. 25 produce true copies of all documents on which you base any assertion of a setoff. CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was furnished by to: LAW OFFICES OF , Attorneys Dedicated to Debt collection