loribellag

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About loribellag

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  1. It has been much longer than 21 days since I filed my answers, so I guess it's too late to amend them?
  2. Thank you. Where can I find case rulings that might support my case? I have no idea how to find these.
  3. Thank you. It is much more clear now. I thought you were saying not to include affirmative defenses in my answers, but your were really saying not to ask for documents in my answers. That makes much better sense. Unfortunately my understanding comes after I've already done some of the wrong things. Do you think I should now just wait to see what happens or should I amend my answers to fix my previous mistakes? (i.e. include my affirmative defenses where applicable after each answer and also take out requests for docs from my answers)?
  4. To ClydesMom: Let me just get my terms straight: Am I correct in thinking that Discovery is where I'm asking for something (docs, admissions, etc), and Disclosure is where I'm giving something (docs, admissions, etc.)? So, my answers are disclosures, right and that's why my affirmative defenses don't belong there? If so, when should I have listed my affirmative defenses? In with my discovery, maybe listed after my requests?
  5. To Dean (InProSe): Okay, I need to get clear on a few things. I got the impression from a board member that I wasn't supposed to use my affirmative defenses in my answers during discovery. Early on in this discussion I wrote, "FYI, in my original answers, in one of my Affirmative Defenses, Burden of Proof, I did state "Defendants insist that Plaintiff produce said written agreement with Defendant's signature, and detailed account statements dated from beginning of alleged agreement to present time, and all detailed purchase receipts, and an Assignment Contract between the Plaintiff and the Original Creditor to prove the validity and amount of the debt." She responded with, "In no state can you submit your discovery in your answers. They do not have to produce a written agreement with your signature because no credit card has one. All you will get is the card holder agreement for your account. In the era of online applications virtually no one has an application with the signature and the creditor is not required to keep it even if they did. They do not have to produce every statement on the account since inception either. They only need the last 3 statements and up to 6 months prior to that to prevail because ANY statement earlier than that would not be disputable by you under the card agreement. Their approach will be that if you did not dispute the charges when you received your statements then they are valid. Nor do they have to produced detailed purchase receipts since those would have been given to YOU as the consumer at the time of the transaction. The last thing you want them to produce is those anyway because that will convince the court more than ever it is your card. You want to attack assignment and standing and demand the card agreements for the account. If you waste time doing discovery on irrelevant materials it reduces your credibility and actually informs the plaintiff about what you don't know. Educate yourself on arbitration as well. In some cases compelling arbitration will cause a plaintiff to fold up and dismiss to avoid the expense." Also, I actually DID use the Statute of Frauds as one of my defenses in my first answer to the original Summons. But now, looking back, I probably didn't use the most effective language. I wrote, "DEFENSE 3 - Statute of Frauds, Because Plaintiff has not provided written and signed agreements between Plaintiff and Defendants, and between Plaintiff and the Original Creditor, and between Defendants and the Original Creditor, Defendants can only assume that no such agreements exist, therefore, Plaintiff's Complaint violates the Statute of Frauds. So, now I have some questions for you: 1. Did I misunderstand the advice "In no state can you submit your discovery in your answers." by thinking that I made a mistake to put my affirmative defenses in with my answers or did I do the right thing by including my defenses then? 2. Can I email you a copy of all correspondence between me and Plaintiff so you can better understand my case? 3. Now that you know I already used the SOF defense, do you think I should still send an amended answer, but this time with better language to point the judge in the right direction, as you put it? If so, what exactly should I say? I also welcome you to email me anything you think that would help me. I will email you with my email address (don't want to post it publicly here).
  6. They never sent an affidavit, only the Summary of Acct Activity I mentioned earlier. I will email you a copy of it.
  7. Dean, Also, I just tried to reply to your private message. I clicked on the reply link in my email, it took me to an editor window where I could reply, but when I hit Post, it said I didn't have permission to use that feature (and I was signed in so I don't know why). Tell me how to send you a private message?
  8. I don't want to post that info because I don't want any possibility of them finding this thread and knowing my strategy.
  9. Okay, this is my final draft of my Request for Admissions and Docs to Plaintiff. Anyone with experience in these matters, please give it a look and tell me if I did anything wrong. A little history: Plaintiff Junk Debt Buyer served summons for alleged credit card back in December. I answered denying everything except my name and state of residence. They sent a 1 page Summary of Account Activity from the original creditor with the account number whited out but did contain my name and address (I outlined other info on the summary a few posts ago). They sent me Request for Admissions & Docs. I again denied everything and stated I have no docs because I had no such account. Now I have not heard from them since January. I thought I had 180 days to send them my requests , but just found out it was 120. Now I am past the deadline but was advised by this board to file them anyway. They are attached for your review. I have redacted certain identifying info. Thanks for any help. Redacted Admissions Docs 2.pdf
  10. Unfortunately, I have no idea what I need. All I can do is read advice from others, which is what I've been doing.
  11. So, as for docs, you would not ask for "The Bill of Sale (between the Original Creditor of the alleged account and the Plaintiff), the entirety of the Sales Contract and Forward Flow Agreement (between the Original Creditor of the alleged account and the Plaintiff)?" I had several people from this discussion board recommend these. Are these just another way of saying Assignment Agreement? And your suggestions 2 & 3 for docs also both seem to be just asking for the same Assignment Agreement.
  12. Here is what I found from an attorney online once: The Utah Court’s have consistently ruled that any affidavit or declaration which summarized the account history and the business records of a credit card issuer is inadmissible under Rule 803(6) of the Utah R. of Evid., unless the underlying records have been produced. The controlling case is Trolly Square Associates v. Nelson, 886 P.2d 61, 66 (Utah App. 1994). In Trolly Square, the Court of Appeal held that while the monthly statements upon which the summaries are based may qualify as business records under Rule 803(6), a summary of those records is not admissible under the business record exception. Trolly Square cites Shurtleff v. Jay Tuft & Co., 622 P.2d 1168 (Utah 1980), where the Utah Supreme Court held that a summary of invoices did not qualify as a “business record” because it was “apparently prepared in anticipation of, and preparation for, this lawsuit,” and “not made in the regular course of business.” Id. at 1174.
  13. If you've been following my posts, you may have seen that, in Utah, I can only ask for 5 admissions and 5 docs. So, the 5 admissions I chose were advised to me by this board and I was also advised to describe docs in my definitions to get away with asking for more docs. So, should I put all these docs in my definitions and, if so, what should my actual request for docs statements say exactly? Or, should I just pick 5 and ask for those in my requests, if so, which 5? As for admissions, which 5 should I ask for? Are the 5 that I asked for not good enough? Should I substitute some of mine for some of yours?
  14. The Summary of Account Activity is something they sent me. I did not copy it and include it here because is has my name and address on it. It contains: - My Name and address - Original Creditor's name - Balance of $15,000, Credit of $15,000, New Balance 0.00, Charge-Off of $15,000 in Dec of 2010, Minimum Payment Due of $3000, Payment due date Dec of 2010 (all seems confusing to me). - And Instructions that contain things like: - Customer Service contact info - What to do if you find a mistake - Your Rights - Payment instructions - For more terms & conditions refer to Credit Card Agreement, etc. It looks like an account summary that the Original Creditor provided to the the Junk Debt Buyer. But, what I really need now is for someone to please give me feedback on the Request for Admissions & Docs I attached 2 posts ago before I file it to make sure I'm doing doing anything wrong. Thanks.