Hello all, Along with my earlier post about helping with my Answers that I need to provide to the Plaintiff, I would greatly appreciate if you all would help with my questions I'm providing to the Plaintiff in the way of Request for Admission of Facts, Request for Production of Documents and Notice to Produce to Plaintiff, and Defendant's First Interrogatories to Plaintiff. I would really appreciate all your feedback on my questions below. Thank you all in advance!! REQUEST FOR ADMISSION OF FACTS 1. Midland Funding LLC Assignee of Chase Bank USA, N.A. has no direct knowledge of the litigation initiated by you on the account that is in dispute, and that no employee or agent of Midland Funding LLC Assignee of Chase Bank USA, N.A. directly requested any employee or agent of Frederick J. Hanna &Associates, P.C. to initiate any legal action against Defendant. 2. You have no written agreement between the Defendant and Plaintiff regarding this debt. 3. The Plaintiff and Defendant exchanged consideration, monetary or otherwise, creating an agreement with both parties. 4. You have not provided the Defendant with a copy of the cardholder agreement for Midland Funding LLC Assignee of Chase Bank USA, N.A. 5. There is an arbitration clause in the cardholder agreement, and that the election of arbitration by either party precludes court action. 6. You have no written agreement showing that an account was established in the Defendant’s name and a Credit Card was issued to the Defendant. 7. You have no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case. 8. You have no written and signed contract stating the Defendant would be responsible for all charges made on the account in connection with Credit Card issued on the account. 9. You have no merchant receipts showing the charges that were incurred on the account in the sum of $XXXX. 10. You are unable to provide complete accounting for the amount you are claiming. 11. You have not provided Defendant with legal proof of assignment. 12. There is no written agreement between you and Defendant. 13. You purchased the account, and if so, identify the seller. 14. The acquisition price for this account was less than the amount you are suing for. 15. The Plaintiff is in the business of lending money. 16. The Plaintiff is the Original Creditor on this account. 17. You do not have any account application signed by Defendant. 18. You do not have any monthly statements sent to Defendant. 19. Under the terms of the agreement pursuant to which you acquired the alleged debt of Defendant, you did not acquire copies of account applications, account agreements, or monthly statements. 20. When you acquired the alleged debt of Defendant, all you obtained was a computer printout of alleged debtors, addresses and identifying information, and the supposed balances owed. 21. You did not receive any business records kept in the ordinary course of business by the bank that originally issued the credit card allegedly issued to Defendant. 22. You were assigned this account, and if so, identify the assignor of this account. 23. You are in possession of any records of communication with Midland Funding LLC Assignee of Chase Bank USA, N.A. 24. As of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt. REQUEST FOR PRODUCTION OF DOCUMENTS AND NOTICE TO PRODUCE TO PLAINTIFF 1. Produce the cardholder agreement for Midland Funding LLC Assignee of Chase Bank USA, N.A. 2. Produce the alleged credit application from account bearing the Defendant’s signature. 3. Produce documentation showing how the Plaintiff acquired this account, including but not limited to, a) the previous owner or owners of this account; the acquisition price of this account; c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration the broker received with respect to the sale. 4. Produce documentation relevant to the assignment of this account including, but not limited to, a) the identity of the assignor and their address; the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); c) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration. Also, provide details of the consideration exchanged. 5. Produce all documents relating or referring to the Defendant and/or account identified in Plaintiff’s Complaint, or which are indexed, filed, or retrievable under Defendant’s name or any number, symbol designation, or code (such as an account number or Social Security number) assigned to Defendant or the account, including all applications, account agreements, or other documents bearing Defendant’s signature. 6. Produce all documents evidencing any contract, agreement, assignment, or other means from Midland Funding LLC Assignee of Chase Bank USA, N.A. demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant. 7. Produce all documents transmitted to Defendant by Plaintiff and/or Plaintiff’s assignor or the Original Creditor, including monthly statements, bills, demands, and correspondence relating to the account. 8. Produce all contracts and agreements whereby Plaintiff acquired the right to collect the alleged debt sued upon this action. 9. Produce all documents purporting to show that the debt was assigned to Plaintiff for consideration, as alleged, and what the consideration was, including documents identifying the specific amount at issue in this action. 10. Produce all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account that contribute to the balance. 11. Produce all documents identified in response to the Interrogatories, and all documents referred to or reviewed in preparing the response to the Interrogatories, not otherwise called for in these request for Production of Documents. 12. Produce documentation showing the date this account when into default. 13. Produce letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt. 14. Produce a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally. 15. Produce any and all written communication, received by the Defendant from the Plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff accessing of Defendant’s credit report(s). 16. Produce any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant. 17. Produce any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or account. 18. Produce all documents relating to any communications between Plaintiff and Defendant with respect to the alleged account. 19. Produce all documents relating to any communications between Plaintiff and Original Creditor with respect to the alleged account. 20. Produce any and all documents used to answer these Interrogatories and Request for Admissions. 21. Produce all invoices created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint. 22. Produce all statements created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint. 23. Produce any and all documents evidencing payments made by the Defendant on the alleged account. 24. Produce Plaintiff’s account payable ledger or book or record, kept in the usual course of Plaintiff’s business, pertaining to the account of Defendant with Plaintiff. 25. Produce all documents identified in the Interrogatories filed with this Request to Produce. DEFENDANT’S FIRST INTERROGATORIES TO PLAINTIFF 1. Identify the person or persons answering these Interrogatories and include their business address, business telephone number, and title within the Plaintiff’s Organization. 2. Identify all persons known to you who have knowledge of facts relevant to this case, including, but not limited to, all persons interviewed by you, by your counsel, or by any person cooperating with you in this action, and as to each, state their name, home and business addresses and telephone numbers, and relationship to the Plaintiff(s), if any. 3. State the names, addresses, and telephone numbers of each person who you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each. 4. State the name and address of the person(s) responsible for the books and records of this account. 5. With reference to each and every claim you have stated, state the factual basis for your claim, identify all persons who have knowledge of the facts supporting the claim, and state the date and description of any documents which would support the claim. 6. Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor. 7. State how this account came into possession of the Plaintiff. If the Plaintiff purchased this account, provide information regarding the sale including: A) The previous owner or owners of this account; the acquisition price of this account; and C) the identity of any brokers that assisted in the transaction, including their addresses and the amount of consideration they received with respect to the sale. 8. If the account came into possession of the Plaintiff through assignment, provide the following information regarding the assignment: A) the identity of the assignor and their address; the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); and C) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration. Was consideration to be a flat fee, or to be on a percentage basis. 9. Provide the date that this account went into default. 10. Identify all assignees of this account in and since the default on this account. 11. Provide a complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges, and any other components that contribute to the balance. 12. Provide any communication between Plaintiff and Midland Funding LLC Assignee of Chase Bank USA, N.A. regarding this account since date of default. 13. Identify the individual or individuals who authorized suit on this account. State whether they are employed by the Plaintiff or Midland Funding LLC Assignee of Chase Bank USA, N.A., or some other entity. 14. In regards to the contract or agreement alleged in this action, state the following: A) Terms of the contract or agreement; credit limit or amount financed in the alleged contract or agreement; C) date and monetary value of any credit transactions alleged to be executed on the contract or agreement; D) date and monetary value of any valuable consideration received on the contract or agreement; and E) date and monetary value of any payments or credits alleged to be executed on the contract or agreement. 15. If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following: A) Creditor name; Creditor address; C) Creditor account or reference number for the subject of this action; D) state all facts in support for your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; E) identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; and F) identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs. 16. For each person who has had any involvement in any manner in any efforts on your behalf to collect any debt(s) purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement. 17. Describe the maintenance of all procedures utilized by you at the time account was alleged opened with Midland Funding LLC Assignee of Chase Bank USA, N.A. through the present to assure accuracy against violations of the Fair Debt Collection Practices Act, the Georgia Code of Civil Procedures, and the Georgia Credit Law. 18. Identify the persons or entities, which are the creditor(s) regarding a debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities. 19. Identify each person who has had any contract or communication on your behalf with said persons or entities regarding Defendant or Defendant’s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof. 20. Describe all collection activities, which you were authorized to perform by the Creditor, and identify the terms of the agreement between the Creditor(s) and you pursuant to which you sought to collect this account. 21. To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying Creditor(s). 22. Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these Interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody. For each document, identify the document, how, when, and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document. 23. Identify all witnesses and state all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff. 24. Identify the relationship between you and Midland Funding LLC Assignee of Chase Bank USA, N.A., with regards to the legal relation with one another, revenue sharing, and contractual agreements. 25. Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in Plaintiff’s Claim. 26. State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.