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Response to Request for Production


delta1
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Answering a response to RFP (lorida). Three requests:

1. Any and all invoices and statements relating to the account ....

2. Any and all documents or records that support or relate to any defenses set forth in pleadings...

3. Any and all documents or records that defendant will use/offer into evidence.

This is the 3rd JDB this account has been through. They have no accounting, offered no exhibits and are on a fishing exhibition.

I honestly have no records for this account and the only written document I have is where I DV'dthe first and second JDBers and sent these new JDB "Financial Portfolios" a letter attaching the previous requests.

Anyone one point me to a thread with a response to RFP I can use as a guide?

Thanks

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Some of the moderators can correct me if I'm wrong, but this would be a fabulous sticky: Responses for request for production, discovery, etc. I think this area of our mission could use some tightening up. There are some posters who have offered good suggestions, but they are scattered to the wind, and impossible to organize efficiently.

If we had a sticky, not only could people put there RFP and discovery questions there, but we would want everyone who gets asked to post what they got asked, and a copy of what they sent back. Now that would be REALLY helpful... We could quickly create a 'library' of useful responses, ideas for requests for production, admissions, etc. At the same time, it would help people to know what might be 'coming'.

I hope admin considers adding a few stickies, and creating categories, like:

1. Answers

2. Case Management

3. Pre-trial

4. Discovery

etc. Admin could create rules, like, please keep questions comments to the point. Please post what you got, please post what you sent, etc. I'm telling you, this could work REALLY good!

notagain xxheartxx

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Delta, did this JDB send you a Notice of Assignment?

559.715 Assignment of consumer debts.--This part does not prohibit the assignment, by a creditor, of the right to bill and collect a consumer debt. However, the assignee must give the debtor written notice of such assignment within 30 days after the assignment. The assignee is a real party in interest and may bring an action in a court of competent jurisdiction to collect a debt that has been assigned to such assignee and is in default.

Failure to do so is a bar to recovery in Florida.

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Delta, did this JDB send you a Notice of Assignment?

Failure to do so is a bar to recovery in Florida.

Nascar

I used that specific statute as one of my defenses. The only letter I ever got was from the attorney in 12/07 that states " This claim was assigned to our client, the above named creditor, who has turned your account over to us for collection. At no time has an attorney with this firm personally reviewed the particular circumstances of your account." Then the usual 30 days to dispute paragraph for which I dv'd and no verification was sent. No assignment agreement sent. Nothing indicating when it was assigned. Just a lawsuit filed 0 days later. The exhibit to show COA attached to the complaint was a simple computer generated accounting.

This alleged account has been from OC to JDB to another law firm to Portfolios to dealing with this law firm/owner. Turns out the law firm owns Portfolios.

BTW my response to the RFP:

Defendant, XXXXX, submits the following objections and responses to Plaintiff XXXXX Request for Production of Documents:

GENERAL OBJECTIONS

The following General Objections apply to every paragraph of Plaintiffs’ Request for

Production of Documents:

1. Defendant objects to every request that calls for privileged information, including without limitation, information protected by the attorney-client privilege.

2. Defendant objects to every request that calls for information prepared in anticipation of litigation or for trial absent a showing of substantial need by Plaintiff.

3. Defendant objects to every request that is overly broad, unduly burdensome, harassing, duplicative or which requests documents which are already in the possession of Plaintiff.

RESPONSES TO REQUESTS FOR PRODUCTION

Subject to and without waiver of the foregoing General Objections, Defendant responds to Plaintiffs’ specific Requests for Production as follows:

1. Any and all invoices relating to the account the Defendant had with Metris and account number XXXXXXX

RESPONSE

Defendant objects to this request on the grounds it seeks documents or records that are that are not within the current knowledge, possession, custody or control of the Defendant. These documents should be more readily accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

2. Any and all documents or records that support or relate to any defenses set forth in defendant’s pleadings, including cancelled checks.

RESPONSE

Defendant objects to this request on the grounds it seeks documents or records that are that are not within the current knowledge, possession, custody or control of the Defendant. The Defendant further objects on the grounds these documents should be more readily accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

3. Any and all documents or records that Defendant(s) will use and/or offer into evidence at the trial of this matter.

RESPONSE

Defendant objects to this request on the grounds it seeks documents that should be more readily accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.

I answered that way because I don't have any records, cancelled checks or otherwise and on #3 the only evidence I have is the request for verification of debt letter I sent them in January 08 and they should have that.

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