mikebzt

My Request for Production of Documents

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IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY

IN AND FOR THE COUNTY OF BERGEN

CAVALRY PORTFOLIO SERVICES, LLC, AS

ASSIGNEE OF CAVALRY SPV I, LLC, AS

ASSIGNEE OF FIA CARD SERVICES, N.A

Plaintiff

Vs.

Mickey Mouse

Defendant(s)

DOCKET NO.XX-X-XXXX-XX

REQUEST FOR PRODUCTION OF DOCUMENTS

COMES Now Defendant, Mickey Mouse, and files this Request for Production of Documents, and requests the Court to grant such Motion based on facts stated below:

“Document” means any written, recorded or graphic matter, whether produced, reproduced or stored on papers, cards, tapes, belts, or computer devices or any other medium in your possession, custody or control, or known by you to exist, and includes originals, all copies of originals, and all prior drafts. It includes all original business records, non-identical copies, computations, memoranda of oral or telephone conversations, tabulations, records of correspondence, notes made on other documents, microfilms, etc. A request to identify a document is a request to state as applicable:

1. The date of the document;

2. The type of document;

3. The names and present addresses of the person or persons who prepared the document and of the signers and addressers of the document;

4. The name of the employer or principal whom the signers, addressers and preparers were representing;

5. The present location of the document;

6. The name and current business and home addresses of the present custodians of the original document, and any copies of it;

7. A summary of the contents of the document; and

8. If the original document was destroyed, the date and reason for or

circumstances by which it was destroyed.

1. The alleged credit application from “”Account””, bearing the defendant’s signature;

2. The alleged credit agreement from “”Account”” that states interest rate, grace period, terms of repayment, et cetera;

3. Itemized statements or credit card statements from “”Account”” that demonstrate how the alleged amount of $15,073.52 plus interest of $307.25 was calculated;

4. A contract, agreement, assignment, or other means demonstrating that CAVALRY PORTFOLIO SERVICES, LLC. had the authority and capacity, and was legally entitled to collect on the alleged debt

5. Letter(s) sent to defendant by Certified Mail., demonstrating an attempt to collect on the alleged debt, “”Account””;

6. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

7. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to “”Account””;

8. Any further documentation, beyond what has been previously requested, that clearly establishes defendants liability and/or responsibility to the alleged debt;

9. Any and all written communication, received by the defendant from the plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff accessing of defendant’s credit report(s).

10. Any and all communications from plaintiff to the defendant explaining

why plaintiff reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

11. Any and all credit report(s) plaintiff obtained from any credit

reporting agency concerning the defendant;

12. Any and all notes, memoranda, or likewise, be they handwritten,

computerized, or typed, regularly kept in the normal transaction and

business of collecting debts, that relate to the defendant and/or

“”Account””;

Mickey Mouse

By: _______________________________

Mickey Mouse, Defendant

Cinderella's Castle

Orlando, FL

PLEASE LET ME KNOW WHAT YOU THINK. I AM A NOVICE AND COULD USE ANY HELP. NOW WITH MY WIFE BEING PREGNANT WITH OUR FIRST CHILD ON THE WAY I JUST CANT AFFORD TO PAY AN ATTORNEY THOUSANDS FOR THIS

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I would include interrogatories and requests for admissions also.

the more info you ask them for.....the more chance they have to mess up somewhere plus the more info you will get.....or the less because usually they don't have anything!!!!

Plus if they don't respond to the Requests for Admissions within the timeframe you give them according to your states RCP then those things are deemed admitted.

There are some templates for interrogatories and admissions in the stickys.

Some of those requests for production of documents will probably be objected to as vague and unusually burdensome. They need to be specific, which is another reason to include interrogatories and REquests for Admisssions

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JDB Response

1. Plaintiff is not in possession, custody or control of said credit application at this time

2. See above

3. Paintiff OBJECTS to Request #3 to the extent that it is overboard and unduly burdensome. Without waiving said objection, Plaintiff responds as follows: attached hereto and marked Response 3, is Plaintiff's Statement to Account

FYI attachment was just a sheet of paper on JDB letterhead saying statement of account, Date purchased, Principal, Balance, Interest rate

I could create this all myself

4) Attached hereto and marked as, Response 4 are true and accurate copies of Plaintiffs Affidavit of Debt, with Bill of Sale and Assignment of underlying debt to Plaintiff herin, and a redacted list of accounts transferred thereby.

All it is is an affidavit of Claim. IMHO no smoking gun here

5) Attached hereto and marked Response 5 is a true and accurate copy of the 30 day notice sent to defendant via regular mail pursuant to the FDCPA

Notice I requested certified but was not cent certified

6) States refer to response 4

7) See Response 3 & 4

8) The Documentation provided establishes the Defendant's responsibility for this debt

9) Paintiff OBJECTS to Request #9 to the extent that it is overboard and unduly burdensome.

10) Paintiff OBJECTS to Request #10 to the extent that it is overboard and unduly burdensome.

11) Paintiff OBJECTS to Request #11 to the extent that it is overboard and unduly burdensome.

12) Paintiff OBJECTS to Request #12 to the extent that it is overboard and unduly burdensome.

SO What is my Next step. I have mandatory Mediation in early May

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Kind of interesting as what was provided was not what I consider proof that I owe the original creditor. Top that of with not having a signed document my me sounds like all is in my favor but would like a few more opinions

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Looks to me like they didn't produce anything that proves you are liable for payment on the account in question.

You could file a motion to strike their objections but it may not be necessary as they didn't even produce a contract. With no contract & no admission of liability from you, I simply don't see how the plaintiff plans to prove their case...

Perhaps a MTD is in order on the grounds of insufficient evidence?

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Typical Cavalry blather.

If ther eis still items you think you need to prove your defenses or expose their case, do another discovery demand. Or maybe interrogatories.

Do not be afraid to call the lawyer out on the "unduly burdensome" crap. Hone your requests. Tell them why the request is needed and that they ought hto be able to answer your simple demands. They will stonewall you again, but that will give you something to talk about at the mediation conference.

Unless you are totally outside the SOL, you wil unlikely get the case dismissed on a motion now. Way too soon.

A decent NACA lawyer will not cost you thousands. There may be one near you.

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