ASSET ACCEPTANCE filed motice to strike my Defenses

[JKELLIS]

Asset filed a motion to strike my defenses. In this they have mispelled my name in the court docs, and on the envelope. They also got the right to attend by phone.

They did not answer many of my interrog because they objected they were not in the form of a question. I wrote things like Prove, and provide a copy of my signature, Prove and provide a copy of any payment from me to Citi. And they sent me SAMPLE type letters.

Again, they stated I made a 50 dollar payment "sometime on or around" 12/05. I have my bank records that show there was no checks or electronic payments to Citi.

And the best part they say ALL records have been destroyed, but the last two statements sent to me by Citi (not my account)

Sorry for the rambling, written before Coffee kicked in.

this is not my account, and I want to file a motion that makes them produce prooff this is mine, proof of payments, and proof of purchases with my signature. In this day and age of electronic records shouldn't they be able to provide me a copy of something?

[brjmhome6]

It sounds like you were trying to collect documents from the plaintiff and if that is the case, you should be filing a "request for production of papers & things". In that request you will ask for the original signed contract between the plaintiff & defendant bearing defendants signature, all signed credit slips bearing defendants signature, etc... & so forth. You should not be using a request for interrogatories & admissions to obtain documents.

Request for interrogatories & admissions is extremely useful but not a necessity in a defense b/c a request for production of documents & things pretty much railroads their case by itself b/c 99% of the time a junk debt buyer (the people suing you) does not have the documents you're requesting. Case over....

Anyhow, I invite you to checkout my battle against a JDB I was recently successful in defending against. http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=292720

I did not file a request for interrogatories & admissions to plaintiff but if I had to do it over again, I would have as I believe it would have resulted in a dismissal sooner. I have a nice template you can use for your production of papers & things but checkout your civil court rules for your state online to make sure the template complies with all of your states rules....

It sounds like you have a winning case on your hands here...just make sure you file all of your necessary papers with the court clerks office (date/time stamp those documents as well at the office) such as your answer to the complaint, your request for production of documents & things, & your response to their request(s). Every states laws are different so again, check your laws & determine which docs need to be filed with the court. Usually the ladies in the clerks office are helpful if you have little questions as far as which documents need to be notarized & which docs need to be filed with the court but by no means should you ask them for advice on drafting a motion or anything like that

[JKELLIS]

I filed a request for interrog, and admissions ect. I did not know there was a difference. I will now file a request for Papers and things. especially since they have told me in their initial answer that they have been destroyed.

They answered the initial request after 102 days not 30 days, do I have anything on thier time line to call foul?

Also, the copy of the agreement that they say I signed was copyrighted in 2002, but they say I signed and opened this account in 2000. How could I have signed somethings after the fact.

And can I make them prove they have a payment from me in 2005? As in what date, what check number, what bank?

Thanks I will re-read and re-write.

[ALVA]

And can I make them prove they have a payment from me in 2005? As in what date, what check number, what bank?

Sure, they are making the assertion, they should have to supply evidence for it.

Just out of curiosity, does the DLA on your CR show the 2005 payment?

When I went to court with Midland, they tried to say a payment had been made late enough to get in under SOL. I whipped out my credit report, showing Midland themselves reporting a DLA 2 full years prior to the phantom payment. They had nothing to show any payment had been made, and they hadn't reported a payment to the CRAs, they just made it up outright.

[delta1]

If a plaintiff does not answer any discovery requests within the time frame outlined in FLRCP you should send a good faith letter as a reminder and give them 7 days from the receipt of the letter (sent CMRRR) to submit the information.

If they do not respond within those 7 days then you can do a motion to compel answers to interrogatories and request for production of documents. You can file a NOTICE OF ADMISSIONS DEEMED ADMITTED if they do not respond to your request for admissions. This I know because a JBD tried that one on me; fortunately I sent my objections and answers to the admission request CMRRR.

If you do not push the issue of timely replies they will drag their feet.

Also they had 20 days from when you filed your answers and defenses to the original complaint to strike your defenses. If they didn't respond within the 20days I'd do an objection to their motion. They would need the courts permission to file after time elapsed. See FLRCP 1.140 4(How Presented. The very last sentence of that section states: "The adverse party is not required to serve a responsive pleading, the adverse party may assert any defense in law or fact to that claim for relief at the trial, except that the objection of failure to state a legal defense in an answer or reply shall be asserted by motion to strike the defense within 20 days after service of the answer or reply.