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Help!! Being sued/request for admissions


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1. Who is suing you?

Velocity Investments, LLC

2. For how much?

$5000- something

3. Who is the original creditor?

I'm not sure...I think Citibank

4. How do you know you are being sued?

I received a summons and complaint

5. How were you served? Were you served?

A deputy sheriff

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

The summons was the first I heard of the company.

7. Where do you live?

Michigan

8. When is the last time you paid on this account?

I'm not sure

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

Received summons, filled answer.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Yes, filed answer.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

They attached an affadavit which says they attached a statement of account which they did not.

14. What is the SOL on the debt?

I believe it's 6 years, but we aren't sure when the 6 years starts. The day of the last payment or when it was charged off?.

So, my husband and I spoke with his cousin who is a legal assistant and used several of the affirmative defenses listed on this site and a few she suggested and filed the answer. My husband had just called the court today to see what was going on and they said the judge had all the info and we should be receiving a letter in the next week about what is going to happen next and of course, I went to get the mail and had a letter from the law firm suing me with a requests for admissions. So now I'm really stressed out and don't know what to do.

I believe they have some info, but think that they may have this account mixed up with another one. I don't really want to answer these admissions they want me to because I feel like they are trying to get info out of me that they don't have. If you need more info I can post what the complaint and answer said and what this new admissions thing asks, but I just didn't want my first post to take up 10 pages.

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That was my first thought. But on the instructions part of the request it lists MCR 2.312(B)(3) provides that you may not give lack of information or knowledge as a reason for failure to admit or deny unless you have made reasonable inquiry. What constitutes reasonable inquiry?

I'm really irritated by the whole situation. I don't want to admit to anything because I think they are fishing for info that they don't really have. I also want to validate the debt which I'm assuming I have to do through discovery now. But since I'm representing myself I don't know what to do next.

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Here is the law of which you speak. MCR 2.312(B)(2) alows lack of information provided you state in detail the reasons why. If you are unaware of the account then that should be sufficient.

(2) The answer must specifically deny the matter or state in detail the reasons why the answering party cannot truthfully admit or deny it. A denial must fairly meet the substance of the request, and when good faith requires that a party qualify an answer or deny only part of the matter of which an admission is requested, the party must specify the parts that are admitted and denied.

(3) An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the party states that he or she has made reasonable inquiry and that the information known or readily obtainable is insufficient to enable the party to admit or deny.

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So do I have to try calling the OC and getting the info I need to admit or deny the questions they ask in order to be a reasonable inquiry?

I know I had an account with Citibank, but another account I had was turned into a Citibank account too. They have both been charged off and I think this place suing me has info from both accounts. I want to see or know what they have first before I admit to anything related to this account. Is there any way to get this info before answering this admissions request?

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