KGSAVE Posted November 6, 2009 Report Share Posted November 6, 2009 I need help answering to the Plaintiffs petition. I need to answer the Request for Admissions.. I really could use some help.. I have searched the website up and down.. I think I have read way to much now that I'm confused.. Please help I really need to send this out tomorrow.. I live in Texas..Request No. 1: Admit that you, the Defendant (hereinafter, also referred to as "you") entered into an agreement whereby Providian extended credit to you on account number xxxxx and you agreed to repay Providian for such credit plus any interest and fees charged by Providian (the "Account"). Response: Admit DenyRequest No. 2: Admit that you, or another with your permission, accepted the credit extended by Providian and utilized such credit for the purchases of goods, wares merchandise, services or for cash advances.Response: Admit DenyRequest No.3: Admit that you made at least one payment on the Account.Response: Admit DenyRequest No.4: Admit that the Account has not been paid, discharges, settled or otherwise compromised.Response: Admit DenyRequest No. 5: Admit that pursuant to your agreement with Providian, that as of July 9, 2009. the balance due and owing on the account, after all payments, credit and offsets have been applied, was $$$. ($$$ as the charge-off balance, and $$$ in post-charge-off accrued interest.)Response: Admit DenyRequest No. 6: Admit that the above-described account is the same account which Plaintiff is seeking to collect in this lawsuit.Response: Admit DenyRequest No. 7: Admit that the Account is based upon a written agreement, signed by you, which entitles the holder of the account to charge interest on the Account at the rate of 12% per annum until paid.Response: Admit DenyRequest No. 8: Admit that North Star Capital Acquisition, LLC is the owner of all claims related to the Account.Response: Admit DenyRequest No. 9: Admit that more than thirty (30) days prior to filing this lawsuit, Plaintiff presented to Defendant a demand for payment of the outstanding balance of the Account.Response: Admit DenyRequest No.10: Admit that you never disputed any charge on the account statements you received from Providian.Response: Admit DenyThanks for your help.. Link to comment Share on other sites More sharing options...
lskelton7 Posted November 6, 2009 Report Share Posted November 6, 2009 This one worked for me last year:"DENIED - Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies sames. Defendant leaves the Plaintiff to provide proof and demands strict proof thereof."Case brought against me by Midland was dismissed. Link to comment Share on other sites More sharing options...
merrybucks Posted November 6, 2009 Report Share Posted November 6, 2009 I would deny all of them. Link to comment Share on other sites More sharing options...
lskelton7 Posted November 6, 2009 Report Share Posted November 6, 2009 I would deny all of them.Yeah, I meant to mention that...I used that response for each of the items in their request for admissions. Link to comment Share on other sites More sharing options...
KGSAVE Posted November 6, 2009 Author Report Share Posted November 6, 2009 Thanks.. Do I send the letter to both the plantiff and the clerk or court?? I know I need to do Certified mail return receipt.. But can I just fed-ex it so that I make sure they get it on time?? Link to comment Share on other sites More sharing options...
musimann Posted November 6, 2009 Report Share Posted November 6, 2009 On the question of filing you always file with the court first and them send a copy to the plaintiff or attorney for the Plaintiff. If you are filing by fax or mail then I guess you send one to both but I was advised by the clerk in my court to always file it in person with the court first. I know that is not practical for some people though.The advantage of filing it with the court yourself is that you send a copy with the clerk's stamp on it to the Plaintiff.Any method of certified mail works. I used UPS a number of times with a certified signature. I received the verification by email from UPS that they had received it. Link to comment Share on other sites More sharing options...
KGSAVE Posted November 6, 2009 Author Report Share Posted November 6, 2009 ok so this is what I've come up with...In the Justice CourtHarris County, TexasPrecinct 1302 Preston Room 103Houston, TX 77002 Case Number: North Star Capital Acquisition, LLCPlaintiffVs.MEDefendantIn response to Case No. , ME (Defendant) Request No. 1: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.Do I just go down to request no2, 3, 4 with the same answer.. Then sign it and send it in??I'm sorry I've just need do get this done today..Thanks Link to comment Share on other sites More sharing options...
musimann Posted November 6, 2009 Report Share Posted November 6, 2009 Yes you have to address each request just like you received them. Number them...This is just one example.... to give you an idea of some different responses based on the question other than just admit or deny. Everything should be double spaced. Some courts require it to be notarized others only require affidavits to be notarized. Ask your clerk. It needs a certificate of service filed as well as you did with your answer.IN THE STATE COURT FOR THE COUNTY OF XXXXXXXSTATE OF XXXXXXJBD,vs.DefendantCase No.: Case # XXXXXXXXXXXDEFENDANT'S RESPONSE TO PLAINTIFF'S FIRSTREQUEST FOR ADMISSIONSTO: Plaintiff and XXXXXXX, Attorney for Plaintiffjerks address hereDEFENDANT’S RESPONSE TO ADMISSION REQUESTSDefendant, XXXXXXX, in response to the Plaintiff's Request for Admissionspropounded by the Plaintiff on 28 day of Sept, 2007, states the follows:Response No. 1: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.(More of the same )Response to No. 9: Defendant objects to this request on the grounds that it is overly broad and unduly burdensome to the extent that it seeks Defendant to admit to facts upon such speculative information, records, and alleged “Agreement” are not within the Defendant's knowledge, permission, custody or control. Therefore, Defendant cannot admit or deny this request.Response to No. 10: Defendant objects to this request on the grounds that itis overly broad and unduly burdensome to the extent that it seeks Defendant to admit to facts upon such speculative information, records, and alleged “Agreement” are not within the Defendant's knowledge, permission, custody or control. Therefore, Defendant cannot admit or deny this request. Plaintiff is barred under the Fair Debt Collection Practices Act, from collecting attorney fees, interest, collection fees, and any amount not specifically provided for by alleged “Agreement” which Plaintiff has failedto include with their Complaint dated XX/XX/XX.Response to No. 11: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.(more of the same)Response to No. 15: Defendant objects to this request on the grounds that itseeks information not calculated to lead to the discovery of admissible evidence and is unreasonably speculative as to the Plaintiff's “requirements”, of which the Defendant has no knowledge.Response to No. 16: Defendant states that after a reasonable inquiry, theinformation known or readily obtainable by him is insufficient to enable him to admit or deny this request.(more of the same )Response to No. 26: Defendant objects to this request on the grounds that itseeks information not calculated to lead to the discovery of admissible evidence and is unreasonably speculative.The foregoing responses to each of the requested items constitute the total response of this answering Defendant and the undersigned certifies to the filing of the original thereof and service upon the Plaintiff of a true, correct and complete copy thereof.I hereby certify, under the penalties of perjury, that the foregoing answers are true, correct and complete._____________________________________Signature______________________________________Name Typed or Printed_______________________________________Capacity in which signingSUBSCRIBED AND SWORN to before me on XX/XX/XX.________________________________________Notary Public for (Your state)My Commission Expires: __________________ Link to comment Share on other sites More sharing options...
musimann Posted November 6, 2009 Report Share Posted November 6, 2009 And some more instructions on how to answer admissions.RESPONSES TO ADMISSIONSIf you have not received a contract or assignment that basically doesn’t prove anything to you. How can one admit to things with no evidence in front of them? What if you do not remember this account? What if they have not proven anything and you are clueless.What if you kind of think this is your account but nothing has been proven yet? People need proof to honestly answer.You cannot just put “lack of information”. This is not allowed. If you were to put “lack of information” the Plaintiff could easily Motion the Court to have all of your Admissions Deemed Admitted because you did not word your answers correctly.The Plaintiff has to prove everything in their claim. Don’t do it for them!I had no contract, no assignment, NOTHING. Therefore, I answered every single Request to Admit Facts with the Below Answer:Answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.What that means is you "lack information" you don't have a contract, you don't recall a contract, you haven't seen the assignment, you have not been provided credit card statements etc., You may also just put DENIED or DENY instead of all of the above. However, if they come back with a contract, credit card statements or any proof you could get into trouble with the court. Your call. If this however if this was Truly not my account I would put DENY on every single one of them. Link to comment Share on other sites More sharing options...
lskelton7 Posted November 6, 2009 Report Share Posted November 6, 2009 Request No. 1: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegations contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.Do I just go down to request no2, 3, 4 with the same answer.. Then sign it and send it in??Yes. That's what I did. I filed the papers with the court in person. They stamped them and sent copies to the Plaintiff's lawyer. Link to comment Share on other sites More sharing options...
debtorshusband Posted November 7, 2009 Report Share Posted November 7, 2009 This one worked for me last year:"DENIED - Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies sames. Defendant leaves the Plaintiff to provide proof and demands strict proof thereof."Case brought against me by Midland was dismissed.I think the second sentence is excess baggage. Either "Deny" or "Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies sames."Regarding how to file/send them, in California the Requests for Admissions and the responses do not go through the court. They are just exchanged directly between plaintiff and defendant.DH Link to comment Share on other sites More sharing options...
debtorshusband Posted November 7, 2009 Report Share Posted November 7, 2009 I'm not sure where musimann got this:"You may also just put DENIED or DENY instead of all of the above. However, if they come back with a contract, credit card statements or any proof you could get into trouble with the court."but I don't see how this gets you in trouble. If you're asked to admit, for example, that you signed a contract, and you admit, they don't need to produce a contract, because you've allowed the fact that there is a contract to be admitted. So you Deny, forcing them to produce an actual contract to establish it as evidence - which is exactly what you want to force them to do. There's no "getting in trouble" involved.When you "Deny", you force them to produce documentation. Which is why, IMHO, adding extra phrases like "defendant demands strict proof" are superfluous.DH Link to comment Share on other sites More sharing options...
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