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Received request for admissions (Background information) In July 2006 we purchased/financed a vehicle for which we paid monthly installments due to circumstances our last payment was around January 2010 and the vehicle was repossessed in April. On 01/22/2015 a complaint was filed in Hillsborough County (indicates the debt was purchased by FFS, Inc - the plaintiff on 03/31/2011) and on 03/02/2015 we received a summons and we filed our answers on 03/20/2015. We had not received any further communication, that is until 02/27/2017 when we received a Notice of Intent to dismiss from Hills County due to lack of prosecution. They plaintiff assigned a new attorney and now on 05/10/2017 received request for admissions. I want to file my request for admissions, however I want to be sure I do not answer in such a way that will make the situation any worse. Separately, my mother was the cosigner on the loan and although they had her address information , The request for admissions I received has two copies, one addressed to my mother and stating it was mailed to her address. This was mailed to my address only and after speaking to my mother she confirmed she never received said document, how should I go about her side of it as I know there is a 30 day timeline on filing the response to the request for admissions. Any help is greatly appreciated as I cannot afford to be represented by an attorney on this case and just want the headache to be over.
I originally posted my case here, but I think that was the wrong portion of the forum to post in, since it doesn't seem to be very active: Immediately after filing our answer, we received a "debt validation" through the mail: -An alleged account statement showing a payment by us 2 days before account charge-off. (why would we make a payment 2 days before they charged it off? I thought charge off happened 6 months after last payment). Plus 2 additional account statements. -A bill of sale between the original bank and the first JDB, and a bill of sale to Midland funding. -A run of the mill credit card agreement, but no signed contract. We also received a request for admissions and production of documents. I have checked the forums, but can find no admissions templates that apply to our case. Yeesh. That is a wall of text. If anyone would be able to help me figure out what to say here, it would be much appreciated. I haven't seen any examples with so many requests in the forums, hence my post. Thanks
I live in Washington State - Original credit card company was Sears opened in 1983, sold to Citibank sometime around 2003. Account now at Cach, LLC, being sued through Mandarich Law Group out of California. I received original summons with NO case number - responded and objected to claims twice. Now I have received REQUEST FOR ADMISSIONS and FIRST SET OF INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE). I want to object to everything - but I also believe there is case law out there regarding chain of ownership on documentation. The whole suit talks about "Original debt and creditor" being Citibank, with nothing being about Sears. Here is what the RFA states: 1. Please admit you submitted an application to the original creditor for an extension of credit (for purposes of these Requests for Admissions, "original creditor" means Citibank South Dakota, N.A.) 2. Please admit the original creditor issued you the account. 3. Please admit that you and the original creditor entered into an agreement regarding the account. 4. Please admit you used the account to accrue a balance of $XX___ 5.Please admit you agreed to pay the original creditor and it's successors and assigns the outstanding balance of $XX___ on the account. 6. Please admit you never disputed, with any person or entity, including the original creditor, the outstanding balance of $XX___ on the account. 7. Please admit you have not paid the outstanding balance on the account in the sum of not less than $XX___. 8. Please admit you owe the Plaintiff the amounts prayed for in the Complaint. 9. Please admit you have no facts which would contradict the amounts owed to Plaintiff. 10. Please admit YOU have no facts to support your affirmative defenses against the Plaintiff's Complaint. 11. Please admit YOU have no documents to support your affirmative defenses against the Plaintiff's Complaint. ANY HELP?? THANKS!
Hi All, I've been away for a bit but need to get some help with something. The most recent activity on my case was that I went to a pre-trial conference. The JDB lawyer basically wanted me to release my bank statements and I refused. We are still in the discovery window and I have been busy with other things, but have been religious about checking the mail. Nothing has come until today. Today I received a Request to Submit for Decision for Discovery issues. In it they state that they served me a statement on June 19 2013. I never got this statement. What do I need to do to fix this? Here's the questions 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) Served in Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). In Discovery 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, Under Discovery they have provided a generic acount statement an a generic printout of a card holder agreement