Hoosier46060

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About Hoosier46060

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  1. So .... all responses should simply state "DENIED"? Thank You, Hoosier 46060
  2. In a similar and previous post, I stated that Cavalry SPV I, LLC is suing me. I received a Request for Admissions about two weeks ago. The Certificate of Service is dated December 27, 2013. As stated in my previous post, my mail is currently being forwarded to an out-of-state address as I have been caring for my sick father. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Admissions #1-10. Once again, I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS TO DEFENDANT(S) The defendant, Hoosier46060, is requested to admit the truth of each of the statements or facts hereinafter stated, or that each of the documents attached hereto, an as marked, are genuine. A. This request is made in pursuant to Rule 36 of the Indiana Rules of Trial Procedure and each of the matters of which admission is requested shall be deemed admitted, after the expiration of thirty (30) days, unless your statement in compliance with such rule is timely made. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter. B. Your signed, written answers must be served upon the undersigned attorney of record for plaintiff within thirty (30) days after delivery proof. C. If you fail or refuse to admit the truth of any such statement of fact and the plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney’s fees. D. If, in response to any of the following statements, it is your position that the statement is true in part or as to some items but not true in full or as to all items, then answer separately as to each part or item. ADMISSIONS 1. You owned a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff has not proven the account is owed by Defendant. Defendant has denied liability for the account. 2. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. had a number of xxxxxxxxxxxx9554. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 3. You contracted for and received credit from Bank of America/FIA Card Services, N.A., on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows: a. Bank of America statement, account ending in 9554, Payment Due Date: 09/04/10, 3 pages b. Bank of America statement, account ending in 9554, Payment Due Date: 12/4/10, 3 pages c. Credit Card Agreement, 44 pages RESPONSE: DENIED. 4. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was opened on 11/27/2006. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 5. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was charged-off on 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 6. You last made a payment on the revolving charge account (credit card) referred to above on 08/05/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. -or- On the grounds that after reasonable inquiry the information known or readily obtainable is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt. Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 7. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 11/03/2010. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 8. You used the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same 9. You never disputed in writing, any charges on the revolving charge account (credit card) with either Bank of America/FIA Card Services, N.A. or plaintiff. RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 10. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 10/24/2013. RESPONSE: DENIED. This statement calls for admission of matter defendant has denied and thus it is improper. Defendant denies owing this amount or any other amount due on the alleged account and has denied all allegations of plaintiff's complaint. Respectfully submitted, INDIANA LAW FIRM Signed by Attorney for Plaintiff 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: 1. Bank of America Statement dated July 9 – August 6, 2010 (3 pages) 2. Bank of America Statement dated October 7 – November 5, 2010 (3 pages) 3. Credit Card Agreement (44 pages)
  3. Cavalry SPV I, LLC is suing me. A Civil Suit was filed against me (and my wife on a similar but unrelated case) in Hamilton County, Indiana on November 13, 2013 for which I submitted Answers and Affirmative Defenses on December 3, 2013. I received a Request for Interrogatories and Admissions about two weeks ago. My mail was forwarded to my current address as I have been out-of-state caring for a sick father. The Certificate of Service is dated December 27, 2013. Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)). Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Interrogatories #1-6. I will post Admissions #1-10 under a separate topic. I am fairly sure that I answered Interrogatories #1-4 correctly. I am uncertain about #5&6. I could really use reassurance and assistance. Thank You in Advance, Hoosier46060 PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT Comes now plaintiff, Cavalry SPV I, LLC As Assignee of, Bank of America/FIA Card Services, N.A., by counsel, pursuant to Rule 33 of the Indiana Rule of Trial Procedure, and propounds the following interrogatories to the defendant, Hoosier46060, and requests the same be answered separately and in writing, under oath, within thirty (30) days from the date of service hereof and that a copy of the same be served on the attorneys for the plaintiff, Indiana Law Firm, 123 Address Road, Suite 456, City, Indiana, 46xxx. INTERROGATORY NO. 1: Provide your full name, last four (4) digits of your social security number and date of birth. ANSWER: The Defendant’s full name is Hoosier46060. Objection to the balance of the interrogatory on the grounds that it is personal, confidential and private. The requested information is not relevant to any issue in this case and not calculated to lead to the discovery of relevant evidence. INTERROGATORY NO. 2: Did you have a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A.? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 3: Did the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. have a number of xxxxxxxxxxxx9554? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 4: Did you use the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances? ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 5: Did you ever dispute, in writing, owing any amounts to Bank of America/FIA Card Services, N.A., as it pertained to charges on the revolving charge (credit card) referred to above? If your answer to this Interrogatory is “yes”, attach a copy of every written dispute to your answers to these Interrogatories. ANSWER: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. INTERROGATORY NO. 6: State the date and amount of every payment you have made since the date of charge-off, said date being 11/03/2010. RESPONSE: Defendant cannot identify the information requested as the request is too broad and the information requested is not within the answerer’s personal knowledge or records. Respectfully submitted, INDIANA LAW FIRM 123 Address Road, Suite 456 City, Indiana, 46xxx (123) 456-7890 Attorney for Plaintiff Certificate of Service The undersigned certifies that service of the foregoing pleading or document has been made by: _ Delivering it, via hand delivery or courthouse mail X Depositing it in the United States mail, postage prepaid on the 27 day of December, 2013, to the following named persons: Hoosier46060, 123 Address Ct., City, IN 46xxx Signed by Attorney for Plaintiff Attached Document List: Bank of America Statement dated July 9 – August 6, 2010 (3 pages) Bank of America Statement dated October 7 – November 5, 2010 (3 pages) Credit Card Agreement (44 pages)
  4. I could really use some help writing a response to an Order on Motion for Summary Judgment (MSJ) filed in Hamilton County, Indiana against my wife. A Civil Suit was filed against my wife on November 13, 2013 for which we submitted Answers and Affirmative Defenses on December 3, 2013. We answered the suit as per the description of several others throughout the forum. (I also received similar paperwork for a related case). Apparently, Cavalry SPV also submitted a Notice of Filing on December 24, 2013 for: 1) Plaintiff's First Set of Interrogatories to Defendant, and 2) Plaintiff's First Request for Admissions to Defendant. We have not responded to either item. I have reviewed the rest of the forum topics and realize that we will have to respond. Also attached to the MSJ, is an "Order," which I will also list below. Thank you in advance for your help! Hoosier46060 Motion for Summary Judgment Filed February 19, 2014 (Received via USPS March 8, 2014) STATE OF INDIANA COUNTY OF HAMILTON IN THE HAMILTON COUNTY SUPERIOR COURT 3 CAUSE #29D0_-____-__-_____ CAVALRY SPV I, LLC Plaintiff(s) vs. WIFE of HOOSIER46060 Defendant(s) ORDER ON MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Indiana Rules of Trial Procedure, the Court hereby finds as follows: 1. Plaintiff filed a Motion for Summary Judgment, Designation of Material and Memorandum of Law in Support of Motion for Summary Judgment. 2. Any party opposing the above referenced Motion for Summary Judgment shall have 30 days after service of the Motion to respond in accordance with Trial Rule 56 to file affidavits, to produce other admissible evidence, and/or submit a brief showing cause why movant should not be granted judgment, as a matter of law. 3. If no timely response is filed as prescribed by Trial Rule 56, the Motion may be granted without further notice of hearing, and counsel for the movant shall thereafter submit for the Court's consideration a proposed Order of Summary Judgment. 4. If a response is timely filed, and either or both parties request a hearing as set forth in Trial Rule 56, the Court will not rule on such Motion until the matter is heard. SO ORDERED: February 18, 2014 Signed by the Magistrate DISTRIBUTION TO ALL PARTIES OF RECORD Order Filed February 19, 2014 (Received via USPS March 8, 2014) STATE OF INDIANA COUNTY OF HAMILTON IN THE HAMILTON COUNTY SUPERIOR COURT 3 CAUSE #29D0_-____-__-_____ CAVALRY SPV I, LLC Plaintiff(s) vs. WIFE of HOOSIER46060 Defendant(s) ORDER Plaintiff, by counsel, files it Motion to File Discovery Requests and Responses. The Court, having reviewed, now grants same. Said discovery is hereby filed in conjunction with plaintiff's Motion for Summary Judgment. Date: 2/18/14 Signed by the Judge (Magistrate), Hamilton Superior Court Distribution: Name of Attorney 123 Address Rd, Suite 456 City, IN 46xxx 123-456-7890 Attorney for the Plaintiff Wife of Hoosier 46060 123 Address Ct City, IN 46xxx Defendant