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Showing results for tags 'Initial Disclosures'.
I just received my initial disclosures from A$$et Acceptance. Initally I didn't think much of them but as I thought about them a bit and read them a bit closer, some I found some interesting things and need to know if they are worth my time and what I should do. Keep in mind that these are in Utah and they are not actually filed with the court. From what I understand, this means there is nothing to file any motions against. Below is a summary of what I found. 1. The most glaring thing was that they listed Asset Acceptance and Dell Financial Services as "Individuals With Discoverable Information and May Call Fact Witnesses" The rule indicates that they need to provide the name and address of each Individual. As these are companys and not individuals it would seem that they have not complied with the rule. Am I correct in my thinking here and if so, is it worth my time to address and how should it be addressed? My concern is that if I don't do something, they can use ANY employee from the 2 companies under the excuse that they disclosed. 2. Under Asset's listing as a witness, the provide the following. Subject of Testimony: account history, communications between Plaintiff and Defendant, any communications regarding this account, account transactions, account liabilities, account obligations, account records, account balance, interest rate, finance charges, terms and conditions, contract, agreement, charge off, chain of title, assignment, sale or transfer of the account, any amendments or notices concerning the above, and payments made, if any . Summary of Testimony Defendant applied for a credit account. At the time the account was opened, Defendant was provided with an agreement setting forth the terms and conditions of the contract between the parties. Defendant accepted and used the credit account and thereby assented to all terms of the agreement. Defendant agreed to make periodic payments whenever there was a balance due on the account. Periodic statements were sent to the Defendant reflecting transactions, interest rate, charges, or fees. Defendant failed to pay according to the terms and conditions on the credit account or as required by equity. Plaintiff holds all rights to the account The thing that has me wondering is the summary of testimony. Assett cannot possibly testify to just about all of this as they are not the OC. Correct? If so is it worth my time to address and how should I address it? My initial thought on this is that I should send the attorney a letter pointing out their definicies and requesting that they clarify. And then if they don't, file for Sanctions and a Motion to Compel. Thoughts?