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Found 7 results

  1. In the attachment you will find my NJ answer, demand for docs, request for admission, affirmative defenses and motion to dismiss. This is a New Jersey Special Civil case. Please, if anyone would like to review my documents recently filed and can offer advice on how to proceed next, I'd greatly appreciate it!! I am not an attorney. I am acting pro se. DEBTORSBOARD NJ CREDITOR ANSWER DEMAND FOR DOC REQUEST FOR ADMISS AND MOTION TO DISMISS.doc
  2. 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!
  3. I have recently been served with a lawsuit on a credit card I was unaware of, by Cavalry SPV. I have responded to the summons, and most of the basic questions on the Request for Admission I am just responding "Deny." But in the research I have done I have not come across the following questions, or appropriate answers: 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. (I did not say the amount was incorrect - I said I did have such a credit card at all.) 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. (see 17) 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. 20. You do not have any legal factual basis for your defense of lack of standing. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. 23. You have no defense to this lawsuit. I would sincerely appreciate any suggestions for how I might respond to these questions.
  4. I recently received a summons to superior court in Georgia for a credit card I know nothing about. The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc. I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories. I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve. Thank you in advance. Request for Admission of Facts 1. You applied for, and received, a credit card account No.XXXX from the Plaintiff. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card. 2. You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX. Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card. 3. When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 4. You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby. Denied. There was no agreement attached to Plaintiff's Complaint. 5. You made at least the minimum monthly payments owing on the credit card account for a period of time. Denied. 6. You ceased making the minimum monthly payments on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement. Defendant has already denied recollection of this card and therefore this question is improper. 8. You have refused to pay the principal balance due Plaintiff on the credit card. Defendant has already denied recollection of this card and therefore this question is improper. 9. You owe to Plaintiff the current past due principal balance of $5XXX. Denied. 10. You owe to Plaintiff interest on the past due balance of $4XXX. Denied. 11. You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0. Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff. 12. You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card. Denied. 13. You have benefitted, either directly or indirectly, from the use of the credit card. Denied. 14. You have not been released from liability by the Plaintiff for this debt. Defendant has already denied recollection of this card and therefore this question is improper. 15. You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement. Defendant has already denied recollection of this card and therefore this question is improper. 16. There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer. Denied. 17. You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect. Admit. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint. 18. You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff. Denied. See 17. 19. You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted. Denied. 20. You do not have any legal factual basis for your defense of lack of standing. Denied. Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt. 21. You do not have any factual basis for your claim that Plaintiff does not have a valid assignment. Denied. Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff. 22. You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest. Denied. Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money. 23. You have no defense to this lawsuit. Denied. Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal. Any comments are welcome. I will post the Interrogatories next.
  5. Hi, I received a letter about a month ago from the law firm that is suing me. The cover letter asked for all documents within 35 days. I had everything ready and planned to mail today, but I just realized that the deadline for the RFA was 30 days not 35. It's a detail that I missed. I saw the 35 day deadline on the cover letter and wrote that down in my calendar. What can I do next? Does missing the RFA mean it's an automatic admission? Is there any way to ask for an extension?? Thanks in advance.
  6. I have received a summons with complaint from Daniel N. Gordon on behalf of plaintiff Midland Funding, LLC. Both the plaintiff and defendant reside in Oregon. I sent my answer certified mail and denied ever owning said credit card or legal contract with Chase Band or Midland Funding, LLC. On July 17th they sent me a letter stating, “Enclosed please find the document per your request for validation of your debt with or law office”. Included was CC statements and chain of title, also some field data from Midland Credit containing the acct. number, name, last 4 digits of SS#, address home phone # and account info. I have been advised by the court that the case has been moved to arbitration. I have as of yet picked an arbitrator. Daniel N. Gordon has sent me a production of documents and a request for admission, 26 in all, WOW. Any help in answering these would be greatly appreciated. Thanks, Just me
  7. Thanks for all of the many people on the board who have taken the time to help others and hopefully myself with this case against these Junk Bond Collectors. I was embezzled from by my former business partner & sued myself into debt before realizing the lawyers were the only ones winning that battle. Never had a late in my life 40 years until that ordeal;) Anyway, here's my info: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Johnson and Mark LLC 3. How much are you being sued for? $946X.xx charged off; plus accrued interest of $730 since 4/30 and accruing at 10%; plus $775 attorney fees 4. Who is the original creditor? (if not the Plaintiff) Chase 5. How do you know you are being sued? (You were served, right?) Served complaint 6. How were you served? (Mail, In person, Notice on door) In Person at home 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Don't recall any correspondence, but I rarely look at the collection letters mailed because I cannot settle or do anything now. Since the first summons, Johnson Mark has evidently bought a 2nd credit card debt (Capitol One)of $60XX.00 and sent me a letter to collect 9. What state and county do you live in? UT. Salt Lake county 10. When is the last time you paid on this account? 9-20-11 11. What is the SOL on the debt? I believe 4 years 12. What is the status of your case? Suit served? Motions filed? Answered Initial Summons (with help from CIC); Need to respond to Plaintiffs request for Production of Docs / Admission 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Should I do this now? 14. Did you request debt validation before the suit was filed? No. Didn't know to at that time. 15. How long do you have to respond to the suit? 28 days from 11/23/12 on discovery response. We need to know what the "charges" are. Please post what they are claiming. That I signed & entered into a contract & defaulted on the obligation Did you receive an interrogatory (questionnaire) regarding the lawsuit? Not yet 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached about 12 months worth of statements, a list of "may call" fact witnesses, & of course, no contract was submitted I have readied my responses according to information gathered on this forum: Request for Docs: 1. Any documents that relate or refer to the Plaintiff’s claims or your defenses in this Action, including but not limited to the following: any letters, emails, faxes, communications, notices, agreements, applications, statements, receipts, proofs of payment, check stubs, or other documents relevant to this Action or this Account. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 2. The last six (6) years of Bank statements from all financial institution that you have used or where you have an account. Answer: Request seeks documents that are irrelevant and are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence. 3. Any communication(s) and correspondence(s) with anyone related to this Action or this Account, including but not limited to CITIBANK, Plaintiff, third-parties, any fact witnesses, expert witnesses, professionals, (whether they have been retained to testify or not). Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. 4. Any documents you may present as evidence or exhibits in a trial of this Action, including without limitation, any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action and any documents relating to any witness you intend to call at trial. Answer: Defendant is unaware of any such documents and therefore cannot produce said documents. Also after diligent search, Defendant does not have any of the materials requested. Defendant will amend as necessary and make Plaintiff aware if after discovery the information is available. Admissions: 1. Admit you entered into a contract CITIBANK thereby agreeing to pay for the balance on the account. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 2. Admit you used, or authorized the use of, the Account to obtain goods, services, or money. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 3. Admit that you did not dispute, within sixty (60) days and in writing, any item in the periodic written statements sent to you regarding this Account. Answer: Defendant expressly denies. Defendant requested Validation of debt within 30 days of first letter received and litigation requests followed shortly thereafter giving Defendant no time to dispute the allegations contained therein. 4. Admit that you failed to make all payments pursuant to the terms of the contract. Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. 5. Admit Defendant is indebted to CITIBANK and its subsequent assignee, the Plaintiff, for the Account Balance as defined above with interest at the rate of 10.00% Answer: Defendant expressly denies. Insufficient information has been provided to admit or deny. Let me know if there are any suggestions here, but my main questions are: (1) Do I submit my "Defendants Request for Production of Documents & Admissions now too? (2) i've read that I should do an "Initial Disclosures" when answering the complaint, but I didn't know it then. It is suggested that I list Midland Funding's custodian of record as a witness on this. Can I submit it now with my response to "request for Docs / Admission"? (3) Should I submit interrogatories now? When? (4) How about "An objection to the Complaint"? I've read and understand how to do many of these things somewhat thus far, but I do not know when or if some are necessary at this point. Thanks again!