Requests for Admissions

[woodwork5]

I have received a Request for Admissions from an attorney that is representing a CA that purchased a charged off CC account from another CA. Both of them were not Validated in any way after I sent the VOD letters to them. The letters state that a copy of the notice of service was filed with the court. I have checked and there has been nothing filed since my answer was filed. Do I have to answer these if the court has no record of them being served? I live in OHIO. Also, in their complaint they sent a copy of a Discover Titanium agreement which I have never had. They sent an affidavit that states these are copies of my original agreement. Would this be fraud? The card I had was a Discover platinum card. They also list the original creditor as Ecast Settlement. The amount they are suing for is less than the amount they ask for in ther collection letter. When this attorney initially contacted me on the phone I stated that anything they had to say to me should be put into writing. The next contact I had from this attorney was a summons to court. Should he have sent me the information required by the FDCPA laws allowing me to have 30 days to dispute this debt? Any information will be very helpful. Thank you.

[admin]

You must ALWAYS answer a request for admissions. If you don't, they can file a motion for summary judgment based on your non-response and get it.

Also, in their complaint they sent a copy of a Discover Titanium agreement which I have never had. They sent an affidavit that states these are copies of my original agreement. Would this be fraud? The card I had was a Discover platinum card. They also list the original creditor as Ecast Settlement. The amount they are suing for is less than the amount they ask for in ther collection letter. When this attorney initially contacted me on the phone I stated that anything they had to say to me should be put into writing. The next contact I had from this attorney was a summons to court. Should he have sent me the information required by the FDCPA laws allowing me to have 30 days to dispute this debt? Any information will be very helpful. Thank you.

I think their not knowing the difference isn't fraud, just idiocsy. I would bring up the fact that you never had a Discover Platinum card for sure. I would certainly file a countersuit stating violations of the FDCPA (continuing collection activity after DV request), defamation, reporting on your credit report, etc..

The affadavit crap is just that. If it isn't an affadavit from Discover (who is the real OC , it means absolutely nothing.) This is starting to be a common tactic ( I think Sherman Acquisitions pioneered this technique).

Read the following:

http://www.narca.org/Newsletter/2003/1stquarter/challenges.asp

[woodwork5]

The affidavit is from an employee of the CA. It states CA as assignee of Discover (original creditor)but, the plaintiff on the complaint is CA assignee of a second CA. Is this a mistake on their part? Must we still respond to the Request for Admissions even though the court has no record of it being filed? Should I admit that I had a Discover card even though all of their paper work is bogus and they have provided no legal proof from Discover that they have authorization to collect this debt?

[c m chase]

The affidavit is from an employee of the CA. It states CA as assignee of Discover (original creditor)but, the plaintiff on the complaint is CA assignee of a second CA. Is this a mistake on their part?

Use that. If they're saying they are an assignee of the company and they aren't...that is a violation of the FDCPA. I'd also do a little research on how to Motion to strike the affidavit.

Must we still respond to the Request for Admissions even though the court has no record of it being filed?

YES. Take your time in responding...file for an extension if you want to, too...but you need to answer. Most places don't allow actual discovery to be filed (admissions, interrogs, request for documents)...but they probably filed a certificate of service showing that they mailed the admissions. That's probably what is going on here, too. Answer.

Should I admit that I had a Discover card even though all of their paper work is bogus and they have provided no legal proof from Discover that they have authorization to collect this debt?

If they don't have any proof, don't admit it...that'll get you a summary judgment right there. On the questions like that, always state that you have insufficient knowledge and that you demand strict proof thereof. If it's something like "Woodwork5 is a natural person residing Anytown, USA", you'd of course, answer in the affirmative.

[woodwork5]

Can a CA sue for more than they paid for a charged of CC account? Is there anyway you Can make them disclose how much they paid in court? The request for admissions sent to me had a Verification paper for me to sign and notarize but it has the wrong county , how should this be handled?

Thanks

[c m chase]

Can a CA sue for more than they paid for a charged of CC account?

Sure...it's done all the time. It's been said you can bring it up though, and state that they are trying to receive more money than they're entitled to. You might have had to say that in your answer/defenses though. I don't know if you can go back and claim it now.

Is there anyway you Can make them disclose how much they paid in court?

You can certainly ask for it in discovery.

The request for admissions sent to me had a Verification paper for me to sign and notarize but it has the wrong county , how should this be handled?

Hmmm. It says you live in a different county? You can't really sign and notarize a false document. I don't, however, know how to deal with that...maybe someone else will chime in with that info.