Review of Defendant's Response to Request for Admissions

[2fightback]

Hi all:

I need to file my response in the next day or two. I would really appreciate any feedback, comments, etc. This is to be filed in Colorado.

DEFENDANT’S RESPONSE TO PLAINTIFF’S REQUEST FOR ADMISSIONS

1. Admit that credit card account number 5420969027095162 (the “Credit Card) is your credit card account.

DEFENDANT CANNOT RECALL THIS ACCOUNT, THEREFORE, UNTIL THE PLAINTIFF CAN SHOW PROOF BY ORIGINAL COPY OF AN AGREEMENT BEARING DEFENDANT’S SIGNATURE, DEFENDANT MUST DENY.

2. Admit that you received a Customer Agreement and periodic updates to the Customer Agreement containing the terms and conditions governing your use of the Credit Card.

DEFENDANT HAS NO RECOLLECTION OF RECEIVING SAID INSTRUMENTS, AND THEREFORE MUST DENY.

3. Admit that you, and/or an authorized user of the Credit Card, did use said Credit Card for your benefit or the benefit of an authorized user of said Credit Card.

DEFENDANT CANNOT RECALL THIS ACCOUNT, THEREFORE, UNTIL THE PLAINTIFF CAN SHOW PROOF BY ORIGINAL COPY(S) OF ITEMIZED CHARGES BEARING DEFENDANT’S SIGNATURE, DEFENDANT MUST DENY.

DEFENDANT HAS NO KNOWLEDGE OF WHETHER “AN AUTHORIZED USER” MAY HAVE USED SAID CREDIT CARD, AND THEREFORE, MUST DENY.

4. Admit that you received periodic statements that included information regarding the Credit Card and pertinent information, as applicable, related to the balance, payments, credits and adjustments, transactions, finance charges, total credit limit, available credit, annual and periodic interest rates and minimum payment amount with payment due date.

DEFENDANT HAS NO RECOLLECTION OF RECEIVING SAID INSTRUMENTS, AND THEREFORE MUST DENY.

.

5. Admit that you have not disputed any billing on any of the periodic credit card statements related to the Credit Card within 60 days of that statement.

DEFENDANT ADMITS ONLY TO THE EXTENT THAT NO SPECIFIC BILLING WAS DISPUTED DIRECTLY WITH FIA BANK CARD SERVICES.

6. Admit that by accepting and using the Credit Card, you did acquiesce to the terms and conditions of the Customer Agreement and as outlined on each period statement received by you, including, but not limited to, the agreement to pay all charges, such as, past due fees, over limit fees, interest at the default rate and all Plaintiff’s court costs, collection expenses, attorney’s fees associated with your default on said Credit Card.

OBJECTION. PLAINTIFF ASSUMES THAT DEFENDANT HAS:

A.) RECEIVED SAID CUSTOMER AGREEMENT;

B.) USED SAID CREDIT CARD.

PLAINTIFF HAS NOT PROVIDED ANY EVIDENCE TO SUBSTANSIATE THAT EITHER EVENT EVER OCCURRED. THE REQUEST FOR ADMISSION CALLS FOR SPECULATION.

7. Admit that you have defaulted under the terms and conditions of the Credit Card agreement.

DENY.

8. Admit that as of March 31, 2004, the outstanding balance of the Credit Card was $3,680.82 and has not been paid in whole or in part since that date.

DEFENDANT HAS NOT RECEIVED PROOF THAT SAID CREDIT CARD ACCOUNT EXISTS, AND THEREFORE, MUST DENY.

Respectfully submitted,

JANE DEBTOR

[Recovering Attorney]

I would not answer this way. Judges roll their eyes and get short when they hear a debtor say " I don't recall."

Better to say, as is the case with many of these, that you object to the question

[2fightback]

Ok, then what are my basis for objections? I know it's obvious they are implying all sorts of things and drawing conclusions, but how do I word that without irritating the Judge or having them re-word the questions later leaving me no choice but to admit or deny?

I have noticed that they are using the "account stated" definition in their original summons. In this case, the original creditor was Fleet Bank Card Services, then Bank of America, now FIA Card Services. They mention nothing about the OC, Fleet, anywhere. Can this be of use in my objections?

Thanks again for any help. This response needs to go out by the end of the week.