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Found 19 results

  1. I've read many threads pertaining to the same topic--Midland Funding LLC lawsuit. I know I need to begin preparing discovery info, but am overwhelmed by all the info. on the net. I've read several parts of Texas Rules for Civil Trial and have located a copy of O'Connors at a local library. I'm hoping there is someone who might help guide me and give me direction.
  2. 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.
  3. 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
  4. Hello, this is my first post. I received a request for admissions, interrogatories, and request for production of documents. I found this previous thread and used it as my basis for responses. I tried to write everything as verbatim as possible. I am in the State of Pennsylvania. I am assuming compounded interrogatories are allowed. (Please reference Interrogatory No.3) Also, I am not sure if I need to provide three separate response pages for the admissions, interrogatories, and production of documents. I have already formatted three separate pieces of paper with the answers. Any suggestions would be greatly appreciated. Request for Production of Documents 1. Produce any and all documents evidencing proof of all payments on the subject credit card referenced in the complaint, including, but not limited to, cancelled checks, receipts, coupons, statements, accountings, memoranda, invoices, financial statements, accounting entires, diaries, charts, lists, phone records, data compliations etc. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 2. Produce any and all documents you intend and/or provide testimony on as evidence at the time of trial. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Request for Admission 1. Defendant applied for the credit card referenced in the complaint. If the answer to Request for Admissions No. 1 is "denied", then supply specific written documentation supporting the denial. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 2. Defendant has failed to make all required payments on the credit card. If the answer to Request for Admissions No. 2 is "denied", then supply specific written documentation supporting the denial. Response: Denied. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 3. The attached monthly statment correctly identifies the payments, charges, and balance on the account. If the answer to Reqeust for Admissions No. 3 is "denied" then supply copies of cancelled checks, both front and back, and/or if not available, specific written documenation supporting the denial. Response: Denied. Attached information is incomplete. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 4. Defendant has no submitted any written dispute as to the billing inaccuracy concering the credit card in question during the time the account was opened on September 1, 2007 until the last payment date of September 20, 2013. If the answer to the Request for Admission No. 4 is "denied", then supply copies of specific written disputes as to any billing inaccuracies. Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 5. $9,319.73 is the correct and accurate balance of the credit card account in question at the time the account was charged off. If the answer to Reqeust for Admissions No. 5 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 6. Please admit that you agreed to pay Plaintiff's predecessor all amounts due resulting form the use of you credit card account, including any finance charges and other charges due under the terms of the agreement. If the answer to reqeust for admissions No. 6 is "denied" then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 7. Please admit that for each month you had a balance on your credit card account, you were sent, by mail or otherwise, a bill, statment of account, invoice or other request for payment showing all transaction s billed to your account during the billing period. If the answer to Request for Admissions No. 7 is "denied", then supply specific written documentation supporting the denial and indicate with full explanation what you believe to be the correct balance on the account. Response: Denied. Information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. Interrogatories 1. Please identifiy the person(s) answering these Interrogatories Answer: My name 2. Please identify each and every person that has assisted you in responding to these interrogatories Answer: No one else 3. Separately, for each of your answers to Requests for Admissions 1 through 9 above where your answer is anything other than an unqualified admit, please: a. State each fact known to you upon which you rely to support your denial or qualified answer; b. If you response is that you do not have sufficient information or knowledge to admit or deny, then describe each effort you have made to acquire the information you feel would be necessary to admit or deny the request; c. Identify each document known to you which you believe contains information relevant to your answer; and d. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your denial or qualified answer and as to each witness, state the infromation you believe is known to them with respect to you answer. Answer: The Request is Unintelligible. Discovery is ongoing. Defendant's preparation for trial is not complete at this time. 4. If you filed affirmative defenses to Plaintiff's Complaint, separately for each defense please: a. State the factual basis that supports your defense; b. Identify each document known to you which you believe contains information relevant to your defense: and c. Identify each witness known to you who may have knowledge with respect to the information upon which you rely for your defense and as to each witness, please state the information you believe is known to them with respect to your defense. Answer: The Request is Unintelligible. Discovery is ongoing Defendant's preparation for trial is not complete at this time. 5. Have you ever requested Plaintiff's predecessor to open a credit card account in your name? If so, please state the credit card account number(s). Answer: No, I never requested Plaintiff’s predecessor to open a credit card account. 6. Are you aware of any credit card accounts with Plaintiff's predecessor opened in your name? If so, please state the credit card account number (s). Answer: Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Discovery is ongoing and defendant denies the request until such time as sufficient information is known to make a different response. Interrogatory is compounded and contains subsections. 7. Have you ever made a purchase or obtained a cash advance by using a card, account number and/or account access check issued by Plaintiff's predecessor? If so, please state the credit card account number(s) and the date(s) of the purchase or cash advance. Answer: Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. 8. Has Plaintiff's predecessor ever sent to you, by mail or otherwise, any bills, statements of account, invoices or other requests for payment? If so, identify each document and state whether you objected to it. If you have objected, identify each objection, including whether it was written or oral. Answer: Defendant denies allegation. The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response. 9. Have you ever objected, in writing or otherwise, to any bills, statements of accounts or invoices you were sent? Answer: Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response. 10. If you keep records of purhcases or payments with respect to your credit card account with Plaintiff's predecessor, do these records show a blance owing on the account? If so, what is that balance? Answer: Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response. 11. Is there any portion of Plantiff's claim that you admit you owe? If so, state the amount that you admit you owe to Plaintiff and any facts that support your claim that you do owe the rest of Plaintiff's claim. Answer: Defendant denies allegation. Defendant denies the request until such time as sufficient information is known to make a different response. 12. If you claim that the account on which Plaintiff is suing is inaccurate, specific each inaccuracy and any facts that support your conclusion that the account is inaccurate. Answer: Defendant has denied allegations, burden of proof lies on Plaintiff. Defendant's preparation for trial is not complete at this time.
  5. Hello All,I've read a bunch and was able to answer the complaint. I wasn't able to afford the lawyer I wanted in time so I'm having to pro se, and hoping for some guidance with the Request for Admissions I've received. Here are the forum questions first: 1. Who is the named plaintiff in the suit? Cavalry SPV 2. What is the name of the law firm handling the suit? Machol& Johannes 3. How much are you being sued for? 8,xxx 4. Who is the original creditor? BOA 5. How do you know you are being sued? Served papers 6. How were you served? In person, at the door 7. Was the service legal as required by your state? As far as I know, yes. I was handed the letter, the person walked off 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't contacted them before 9. What state and county do you live in? Oregon, Multnomah 10. When is the last time you paid on this account? Late Summer/early Fall 2009, so a couple months short of SOL 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? I sent an answer to their complaint, they sent me a First Request for Admissions 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. If only I knew better then 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days for the complaint, 30 days to respond to the Admissions, and no questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing with the complaint. I sent a letter asking when the last payment was on the account and they sent a 1 page statement in response. So from here, I'm hoping for some help with the admissions (I can post their statements in a little bit if that would be ok). I'm also wondering if its too late to elect JAMS since I recall reading something about having to do so within 60 days of their filing the complaint, and prior to me answering them. From what I've read, the mandatory arbitration in OR is not my friend. Also, along with the request for admissions, they sent a letter asking me to call their office to discuss a possible resolution of the case. Thank you all for your time and responses in advance.
  6. I think I may have found some important information for those dealing with JDBs in Wisconsin. I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information. First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"? Many users on this board have cited lack of information or belief in refusing the admit or deny. I am assuming that in states other than Wisconsin this is an acceptable response. In my following post, you can see that I have not used this phrase. I have, however objected to some of the requests, please see the following information Second question: Are the objections I raised in the following post sufficient? Third question: I put my defenses after all of my responses. Are my defenses formatted correctly? I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin Mainly WI 425.104 & 105, WI 425.109, and WI 422.409 Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS? Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds? I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!
  7. Hi, I have been sued by LVNV on an alleged debt that I know nothing about. Please see my answers to the standard questions below. I filed and served my Answer/Affirmative Defenses before the deadline. The case was filed in the Travis County Justice Court, which does not allow pre-trial discovery without permission from the court. Although the court, under the rules, may grant a motion to allow discovery without hearing, this judge has set a hearing date. So far, I have not received any response from LVNV. I need form/sample interrogatories, requests for production, and requests for admission. I would love some with the instructions, definitions, etc! Is there anyone here who would be willing to post or PM me those? The more professional, the better! I have done pretty good so far at adapting what I find (instead of just blind cut and pasting), but discovery is a little more complex and I want to make sure that the judge doesn't get annoyed because I'm a pro se defendant. I've done a lot of searching here, but the links to relevant Defendant --> Plaintiff discovery all seem to be old and broken. (Versus "Here's how to answer the JDB's discovery" samples.) I want to be on the offensive. As an aside, I don't think I owe this. I've always paid my loans and credit cards on time (not judging anyone else, just saying that I think this is a bogus lawsuit so I want to "knock this one out of the park.") And in the very unlikely event that I somehow didn't pay something, and never received any statements or demands for payments or collections for 10 years (the Complaint alleges the account was opened in 2005), I haven't held/used ANY credit cards for more than 4 years before the complaint was filed. I've only used a debit card for the past 5+ years. Thanks! Answers to Standard Questions: 1. Who is the named plaintiff in the suit? LVNV 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Michael J. Scott Scott, Parnell & Associates, P.C. 3. How much are you being sued for? Approximately $3,500 4. Who is the original creditor? (if not the Plaintiff) CitiBank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) 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? Travis County, TX 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not even sure what this account is. I haven't held a credit card (charged or paid on) in more than 4 years before the date of service and filing of the complaint. I have never left a debt unpaid as far as I know. 11. What is the SOL on the debt?: 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). Complaint Filed and Served (1 page form with very little info.) Answer and Affirmative Defenses filed and served Motion to Allow Defendant to Conduct Limited Written Discovery filed and served, hearing set 2 days from today, no opposition filed/served by LVNV yet. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. How do I do this? 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. Didn't even know of the existence of the alleged debt before the suit was filed. 15. How long do you have to respond to the suit? I don't recall, but the Answer and Affirmative Defenses were timely filed. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None. The Complaint was a 1 page form. (Edited for typo)
  8. Here's the short version Being sued by cach, llc. Got a set of requests (tons of course!) need to answer and send them a set of my own! I need help with answers. The stuff they have is a bill of sale worse copy ever! not even legible statements with the blacked out number, of course one affidavit of someone in their company.. Here's what they want - I'm sorry there are so many pdf's but it would've take so much time to type each and every question. I'm going to go back and look at another post I saw and see if some questions I can use for advice. I also need questions to fire back at them. I appreciate ALL the help I can get. I'm ready to get rid of these people for good!
  9. 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!
  10. Hello everyone, I may have put myself in a difficult situation and would greatly appreciate any advice. After submitting a general denial and BOP I moved and changed my address. I did file this change of address with the court as I had a hearing for a fee waiver 3 weeks after the move (August). This was months ago however I didn't receive any mail from the plaintiff until recently. The Request for Admissions and the Motion to Compel are in my hands right now. They've also sent a Request for Documents. So right now I'm trying to wrap my head around this: Plaintiff's Motion for Order that Matters In Request for Admission of Truth of Facts be Admitted and for Monetary Sanction Against Defendent... There is a hearing in a couple weeks for this. As for the Documents, I have none except for what they sent me (2 blank statements). The only information I've found on this site for a Motion to Compel is on the offensive, if any of you have advice or experience from the other end please please chime in. What are my options? Should I send in the responses now and hope the judge doesn't grant the motion? Thank you everyone!
  11. I am sued by Cavalry and have requested admissions. Their response is to admit but claim I have not requested the related document through discovery. Example: My request: Plaintiff has not provided Defendant with a copy of an application for a credit card account... Response: CSPV admits the allegations, defendant has not requested it through discovery. In my request for documents, I have requested "Any credit application, contract, or other agreement..." Do I make a second request for the application and be any more specific? Is this a matter that has to wait until trial? Is it possible that the admissions respondent is unaware of the request for documents? I could use a little help figuring this out. Thanks!!!
  12. 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)
  13. I am formulating questions for Admissions. In trying to determine how to formulate my questions, I pulled my credit report to ascertain if I am dealing with an OC or a JDB in this suit. In the report, the OC account is labeled as a "Charge Off". Further down the report, a local collection agency (B0nne*vlle) has taken charge of the account (which agency is the Named Plaintiff in my suit). Under the CA's data it includes the info: "Original Creditor: (Local Bank)". Given this info, I cannot decipher if the OC sold it to the small, local CA? Or if the CA is just handling the collections for the OC. (The CA has hired an out-of-house attorney.) Thoughts? Also, if there's a link to guide me through writing Admissions, I would be grateful if anyone could point me to it. Thank you! (I'm in U.t.a.h.)
  14. Hi All, I've been a bit quiet about my case lately. Frankly I was overly stressed and just needed to keep things to myself for a bit. However an interesting development has come up. I served my Request for Admissions on 9/4. Under Utah rule they had 28 days to respond. If they did not respond then the admissions would be deemed admitted. The 28 days was up on 10/2. As of today I still have not received their response. I need to know what my next step is to get this dismissed. I've listed my admissions below. Any help is appreciated. 1. Admit that you are not the legal owner of the alleged account. 2. Admit that you have no admissible evidence that the Defendant owes the alleged debt. 3. Admit that Plaintiff's disclosed document named Account Detail is self-serving and was created for litigation purposes. 4. Admit that you have no proof that the disclosed document titled Citibank Cardmember Agreement for the Dell Account was the agreement in force on the alleged account at the time of the alleged default. 5. Admit that Plaintiff's witness Elizabeth Gamache has no personal, firsthand knowledge of record keeping procedures, billing practices, Defendant's alleged use of the alleged account, and any alleged agreement between Defendant and DELL FINANCIAL SERVICES/CIT ONLINE BANK.
  15. Background: UNIFUND filed a suit in Jan 2013 against me. They sent their Discovery Nov 20, 2013. I have a few days left to send off my responses. Status IS: 1. BOP sent (11-4-13) They ignored all requests but sent 4 statements. ( What is the recourse? Does Judge really even care?) 3. Plaintiff's RFD asked me for exactly what I asked from them in the BOP. 4. Plaintiff's RFA's I have seen no proof they have anything tying me to this account, but don't want to deny everything if they somehow do. Should I be more ambiguous with denials? Their lawyers have shown me zip other than a few statements. I am fighting blind. I have left many messages to discuss the case. I also disputed via Lexington Law all my credit card accounts in 2009-2010 and have sent off a request to Lexington Law to see they can give me proof that the credit card I am being sued for was something I disputed right when it first went into default. What I want is to know how to word things so it's not a lie if other evidence comes out AND to make them participate in Discovery! Thanks in advance. P.s. I'll get UNIFUND's RFA and RFD scanned in to see those as well, but they pretty much say admit this is our account, that I opened an account, went into default etc. Answer to Disvcovery-sample.doc Bill of Particulars-sample.docx Answer to Unifund-Sample.docx Admissions-sample.doc
  16. Hi All, First a bit of background. Received complaint from Asset Acceptance. Nothing was attached to it, just the complaint. Filed answer claiming lack of information and denying everything. No Affirmative Defenses were used. Earlier this month I received Plaintiff's Initial Disclosures, RFP and RFA all on the same day. With the Initial Disclosures they included a generic copy of a cardmember agreement and what looks like a screenprint from the Lawyer's office laying out the alleged original balance from the OC, costs, interest and alleged current balance.This also had my Name, SS# Address, Phone, and DOB. Their Initial Disclosures were severely lacking so I sent a meet and confer outlining my concerns and giving them 10 days to respond. That was on May 16th. Today I sent them my Initial Disclosures and Answers to their RFP and RFA. Since they have not yet disclosed anything that appears admissible I know I need to be careful with my own RFP's and RFA's so they cannot get something in that they did not disclose. With that being the case, am hoping for some suggestions on what I should request. Keep in mind that I am limited to 5 of each unless I feel the need to file a motion for ​Extraordinary Discovery. These may not be necessary as if they do not respond to my meet and confer, I plan on filing a Motion in Limine to preclude all of their witnesses and documents that were disclosed. However, I would like to get rolling on these anyways just in case they end up having half a brain and actually respond to my letter. Thanks in Advance.
  17. Hello everyone! OK, so I think I'm ready to send my responses but would love some feedback. Also, should I send my Request for Production of Documents along with responses or send separately? Thanks in advance! COMES NOW the Defendant, appearing pro se, hereby makes the following responses to Plaintiff’s Requests for Admissions, Interrogatories and Production of Documents, as follows: 1. STATE YOUR FULL NAME, DATE OF BIRTH AND SOCIAL SECURITY NUMBER. The Defendant objects on the grounds that the information sought is harassing, irrelevant, and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession. 2. LIST ALL OTHER NAMES BY WHICH YOU HAVE BEEN KNOWN. I have been known by no other names in the course of business to my knowledge other than my legal name. 3. STATE YOUR PRESENT RESIDENCE ADDRESS, HOME PHONE NUMBER AND CELL PHONE NUMBER. Defendant objects on the grounds that it seeks information that is invasive of the Defendant’s privacy and is irrelevant to any issue in this action, information not calculated to lead to the discovery of evidence, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant. The Plaintiff's attorneys have used a document server to deliver the previous action to the home of the Defendant. The request for the present address is redundant, and the request for phone numbers is invasive of the Defendant's privacy rights. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents, or information already in Plaintiff's possession. 4. FOR YOUR PRESENT SPOUSE AND FOR EACH FORMER SPOUSE, STATE THE FOLLOWING: I am not currently married. Defendant objects to most of the requests made in this interrogatory question. “Former spouse” is not John Doe LoManto and if another real and alive party is a party in this suit, then Plaintiff should name them. If any other party is implied in this proceeding, the Plaintiff should declare as such so that sufficient time may be allotted to locate, contact, and request documentation or statement from any previous spouse implicated by the Plaintiff in this proceeding. If the court requires, I will provide the date of any previous marriage and the date, place, and manner of dissolution or termination of any previous marriage. 5. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION DEMONSTRATING THE DATE OF YOUR MARRIAGE. The Defendant references the previous argument and response in interrogatory number 4, and will submit to the court any and all documents in my possession regarding Plaintiff's request number 5 if the court sees a valid reason for doing so, or the Plaintiff provides a valid reason or person implicated and the court agrees. Otherwise, the request appears to be invasive of the Defendant's privacy rights. 6. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION DEMONSTRATING THE DATE AND PLACE OF DISSOLUTION OR TERMINATION OF YOUR MARRIAGE. The Defendant references the previous argument and response in interrogatory number 4, and will submit to the court any and all documents in my possession regarding Plaintiff's request number 6 if the court sees a valid reason for doing so or the Plaintiff provides a valid reason or person implicated and the court agrees. Otherwise, the request appears to be invasive of the Defendant's privacy rights. 7. ADMIT THAT YOU HAD A CREDIT CARD ACCOUNT WITH THE PLAINTIFF. DENY, nor has the Plaintiff presented any signed documentation which proves I have ever had a credit card with the Plaintiff. 8. ADMIT THAT YOU ENTERED INTO A CONTRACT WITH THE PLAINTIFF FOR A CONSUMER CREDIT CARD ACCOUNT BY USING THE CREDIT CARD TO PURCHASE MERCHANDISE, SERVICES OR CASH ADVANCES. DENY, nor has the Plaintiff presented any signed documentation which proves I entered into a contract with the Plaintiff. 9. ADMIT THAT USING THE CREDIT CARD ACCOUNT TO PURCHASE MERCHANDISE SERVICES OR CASH ADVANCES OBLIGATED YOU TO PAY THE PLAINTIFF. The Defendant cannot either Admit or Deny using any credit card account to purchase merchandise services or cash advances obligating the Defendant to pay the Plaintiff. At this time, the Defendant is unable to Admit or Deny because no evidence has been submitted by the Plaintiff or their attorneys showing any signed documentation by the Defendant, no documentation or paperwork proving the alleged debt, their legal ownership of the debt, a listing of how the alleged debt was calculated and incurred, or any validation of the alleged debt to the Defendant. The Defendant wishes to add that without further documented evidence for the Defendant to review, provided by the Plaintiff or their attorney, regarding the alleged debt, the Plaintiffs attorneys are being either intentionally broad or attempting to have the Defendant admit to a debt that the Defendant has had no opportunity to review or validate. 10. IF YOU DENY THE PRECEDING REQUEST FOR ADMISSION, EXPLAIN THE REASONS FOR DENIAL. Please reference the aforementioned response to interrogatory number 9. 11. ADMIT THAT PLAINTIFF SENT YOU STATEMENTS FOR SUCH PURCHASES OR CASH ADVANCES. DENY. The Defendant will deny that the Plaintiff sent the Defendant any statements for purchases or cash advances. 12. ADMIT YOU DID NOT PAY ALL OF THE AMOUNTS LISTED ON PLAINTIFF’S STATEMENTS WHICH WERE SENT TO YOU. Please reference the aforementioned response to interrogatory number 10. 13. ADMIT THAT YOU PRESENTLY OWE $7,564.00 ON THE SUBJECT CREDIT CARD ACCOUNT. The Defendant cannot admit or deny the alleged presently owed balance, citing the aforementioned response in interrogatory number 9. 14. IF YOU DENY THE PRECEDING REQUEST FOR ADMISSION, EXPLAIN THE REASONS FOR YOUR DENIAL AND STATE THE CORRECT AMOUNT YOU OWE ON THE CREDIT CARD ACCOUNT. Please reference the previous argument for denial. The Defendant Denies that any amount is owed to the Plaintiff without further investigation by the Defendant and documentation presented for inspection and review by the Plaintiff and/or their attorneys. 15. IDENTIFY AND ATTACH ALL DOCUMENTS IN YOUR POSSESSION THAT SUPPORT YOUR CONTENTION OF THE CORRECT AMOUNT DUE. No documentation is in the Defendant's possession that confirms the Defendant owes any amount due to the Plaintiff. As none exists, the Defendant is unable to furnish any documentation. 16. ADMIT THAT YOU RECEIVED A STATEMENT FROM PLAINTIFF STATING THAT $7,564.00 WAS DUE FROM YOU FOR THE PURCHASE OF MERCHANDISE SERVICES OR CASH ADVANCES. The Defendant has no statement in the Defendant's possession that was sent by the Plaintiff. To the best of the Defendant's knowledge and recollection, there was no dollar amount whatsoever listed on any alleged statements sent by the Plaintiff, and the Defendant is certain that no detailed breakdown of charges or detailed statement of charges was received by the Defendant, sent by the Plaintiff, at any time to prove the validity of the amount demanded by the Plaintiff or their attorneys. At this time, and without further evidence, the Defendant must Deny this section of the interrogatory. 17. WITH RESPECT TO EACH AND EVERY AFFIRMATIVE DEFENSE YOU HAVE ALLEGED IN YOUR RESPONSIVE PLEADING TO PLAINTIFF’S COMPLAINT: A. STATE IN DETAIL EACH AND EVERY FACT UPON WHICH YOU BASE EACH AFFIRMATIVE DEFENSE ALLEGED IN YOUR RESPONSIVE PLEADING. As listed in my responsive pleading to Plaintiff’s complaint, it is the belief of the defendant that the Plaintiff in this action has merely made conclusory hearsay statements and lacks standing to sue in this case, and as of yet, has not proven standing nor given evidence of documents proving standing. 18. IDENTIFY AND ATTACH ALL DOCUMENTS THAT SUPPORT, REFER TO, OR RELATE IN ANY WAY TO EACH SUCH AFFIRMATIVE DEFENSE AND/OR COUNTERCLAIM. Please reference the above stated Affirmative Defense, Lack of Standing. Additional defenses may be presented if the Plaintiff submits additional evidence which, after scrutiny, may be affected at a later time. 19. STATE THE NAME, ADDRESS AND TELEPHONE NUMBER OF YOUR CURRENT EMPLOYER. This interrogatory is objected to by the Defendant on the grounds that the information sought is irrelevant and not reasonably calculated to lead to discovery of admissible evidence and would result in the disclosure of information, where such disclosure would violate the privacy rights of the Defendant. It is premature relating to this state of discovery and the suit because no decision has been made by the court. If the court should rule in the Plaintiff's favor for garnishment of wages, the Defendant would comply with the court's decision and furnish the information requested by the Plaintiffs attorneys, or any decision by the court that the Defendant should produce this information. Thanks again!!
  18. I've read a whole lot of threads regarding the ANSWERING of a Junk Debt Buyers' AKA Plaintiff's Request for Admissions and Interrogatories. But where are some good suggestions for the Defendant's (aka me) Request for Admissions and Interrogatories? I am looking to send a pre-emptive strike against a JDB's Atty here in GA (they've filed suit against me despite repeated requests to validate debt and a previous attempt at filing suit against me (which was dismissed without prejudice) Ive already done the request for production of documents this week. I have NOT received the Request for Admissions and Interrogatories from the plaintiff atty but from what im reading in these forums, i probably will soon. So, I wanna beat them to the punch! Basically my objectives of these two things to is prove they had they have no legitimate proof to substantiate their claim against me and to continue to build my counterclaim against them for failing to validate and other FDC FCRA violations. Any resources? Im in Georgia btw