Plaintiff's motion for relief from admissions

[david9041]

This is kind of cool , it's the first time that I used this in my Discovery and they filed a " PLAINTIFF'S MOTION FOR RELIEF FROM ADMISSIONS , this is the first JDB I have had to deal with . It will be interesting to see what the Judge does with it .

Requests for admissions

Pursuant to Florida Rules of Civil Procedure 1.370 (a) ( , John Q. Public, Defendant requests you admit or deny the following statements and that your admissions or denials be served on Defendant within 30 days from the date of this request is served upon you. Failure to admit or deny as requested may result in an award against you for Applicant’s reasonable attorney fees and costs.

Specific. The statue requires that your response must specifically admit, specifically deny or set forth in detail the reason why you refuse or are unable to admit or deny. If you can admit a matter with qualification or admit a matter in part, you must do so, setting forth detail the qualification or the reason why you deny the matter in part.

Substantive. A denial must meet the substance of the requested admission. You may not give lack of information or knowledge as a reason to deny unless you affirmatively state that you have made reasonable inquiry and that information known or readily obtainable by you is insufficient to enable you to deny.

1.) Admit that Plaintiff regularly conducts consumer credit transactions.

2.) Admit that Plaintiff is a creditor within the meaning FDCPA § 1692.

3.) Admit that the “Account” agreement referenced in Plaintiff’s complaint contains an “Arbitration” clause that, if exercised by either party, requires any dispute to be resolved by binding arbitration, and which bars pursuit of any claim in court or before a judge or jury.

4. ) If you deny admission number (3), state with particularity, the basis for such denial.

5. ) Admit that by not attaching the “Account” agreement referenced in Plaintiff’s complaint, Plaintiff has deprived Defendant of being fully informed of the right to arbitrate the dispute that is the subject of this lawsuit.

6. ) If you deny admission number (5), state with particularity, the basis for such denial.

7. ) Admit that xxxxxxxxx has transferred all rights to the account alleged in the complaint to the law office of XXX, and therefore are not the true Plaintiff in this lawsuit.

8. ) Admit that xxxxxxxxxhas no direct knowledge of the litigation initiated by XXX on the account that is in dispute, and that no employee or agent of xxxxxxxx directly requested any employee or agent of XXX, to initiate any legal action against Defendant.

9. ) Admit that Plaintiff is a debt collector within the meaning of FDCPA § 1692.

10.) Admit that Defendant exercised the binding arbitration clause on Plaintiff in this case.

11.) Admit that Plaintiff is subject to the binding arbitration clause.

12.) Admit that There exists a binding arbitration clause in the xxxxxxxxxxxxxxxxxxxxxxxxxAgreement involved in this alleged case.

13.) Admit that Plaintiff properly provided a copy of the alleged cardholder agreement and all its amendments to Defendant as requested under FDCPA § 1692.

14.)Admit that xxxxxxxxxxxxx xxxxxxxCardholder agreement compels arbitration for both parties once either consumer or xxxxxxx xxxxxx. Provides notice to the other party.

15.) Admit that once arbitration notice is given under the terms of the xxxxxxxx xxxxxx , Cardholder agreement in xx, it waives the other parties right to litigate the matter in state court.

[GAMtgGuy]

David - love these admissions... I will be borrowing these and repurposing them for one of my cases. Great stuff! GaMtgGuy

[david9041]

David - love these admissions... I will be borrowing these and repurposing them for one of my cases. Great stuff! GaMtgGuy

After they filed their motion for relief I filed this , it to will be interesting if they don't answer I will file a MOTION TO DEEM ADMITTED . They will be admitting to number 12 .

SECOND REQUESTS FOR ADMISSIONS

Pursuant to Florida Rules of Civil Procedure 1.370 (a) (, xxxxxx xxxxx, Defendant requests you admit or deny the following statements and that your admissions or denials be served on Defendant within 30 days from the date of this request is served upon you. Failure to admit or deny as requested may result in an award against you for Applicant’s reasonable fees and costs.

Specific. The statue requires that your response must specifically admit, specifically deny or set forth in detail the reason why you refuse or are unable to admit or deny. If you can admit a matter with qualification or admit a matter in part, you must do so, setting forth detail the qualification or the reason why you deny the matter in part.

Substantive. A denial must meet the substance of the requested admission. You may not give lack of information or knowledge as a reason to deny unless you affirmatively state that you have made reasonable inquiry and that information known or readily obtainable by you is insufficient to enable you to deny.

RESPONCES TO REQUEST FOR ADMISSIONS

Is your response to each request for admissions served with these interrogatories an unqualified admission? If not for each response that is not an unqualified admission:

(a) State the number of the request;

( State all facts upon which you base your response;

© State the names, ADDRESS, and telephone numbers of all PERSONS who have knowledge of those facts and

(d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

1. Admit that Plaintiff filed a SHAM PLEADING

2. Admit that Plaintiff filed a lawsuit against Defendant with no cause shown to support the lawsuit

3. Admit that Plaintiff submitted a falsified agreement to the Court as evidence

4. Admit that Plaintiff submitted to the Court an incomplete Bill Of Sale

6. Admit that Defendant has requested the proper alleged Agreement and Plaintiff has failed to furnish a proper agreement

7. Admit that Defendant has requested the proper agreement for the purpose of electing Arbitration

8. Admit that Plaintiff has failed to furnish the proper agreement so the Defendant would be prevented from using his Arbitration rights

9. Admit that Plaintiff has failed to comply with Defendant's Discovery request to conceal the fact that Plaintiff has brought forth a Sham Pleading

10. Admit that Plaintiff has filed the lawsuit for the sole purpose of seeking unjust enrichment

11. Admit that Plaintiff has inflected serious harm on the Defendant by Plaintiff's actions

12. Admit that Plaintiff knows that Defendant owes Plaintiff no money

[bevj2]

Dude.....check your first post, I think you included your name. You might want to edit that out. Also, are you saying that everything in your first post was the original request for admissions, and the plaintiff filed a motion for relief for these? What does that mean? They are asking the court to excuse them from answering any of them? WTF???? LOL

[david9041]

Dude.....check your first post, I think you included your name. You might want to edit that out. Also, are you saying that everything in your first post was the original request for admissions, and the plaintiff filed a motion for relief for these? What does that mean? They are asking the court to excuse them from answering any of them? WTF???? LOL

I don't know what it means , never had it happen before . Yes they asked for relief from answering the first request for Admissions , I did not know you could do that .

I am sure the Judge will let me know , and yes I seen that I left my name in there by mistake but I didn't know how to take it out , I hit the send button before I seen it .

[nascar]

What are the grounds for motion? What rule or reason was cited?

[cracrap]

it seems like some of the first admizz's are asking for legal conclusions

[david9041]

What are the grounds for motion? What rule or reason was cited?

I don't know yet , the court site shows it was filed 11 / 9 ,I received no copy

I have a hearing set for that case Dec. 21st , It is for my MOTION TO DEEM ADMITTED , MOTION TO COMPEL ,and MOTION TO DISMISS . Before the 21st I will also file a motion for sanctions and a motion to charge them with contempt of court .

[david9041]

it seems like some of the first admizz's are asking for legal conclusions

Maybe they are , I see them as asking for the truth , like I said they are not sending copy so I am not sure . Here is my rough draft of my next MOTION

---------------------------------------------------------------------

MOTION FOR SANCTIONS AGAINST PLAINTIFF FOR THEIR BLAINTANT DISRESPECT OF OUR FLORIDA RULES OF CIVIL PROCEDURES

Defendant begs this honorable Court to grant this Motion for the reasons as stated :

1 . Although it is possible that the Plaintiff's lawyers have little knowledge of our Florida Rules Of Civil Procedures , Defendant contends that it is more likely that their actions are caused by a lack of respect for our Court System rather than a lack of knowledge .

2 . Plaintiff has submitted the following Motions to the Court without sending copy to the defendant :

MOTION FOR RELIEF FROM ADMISSIONS

MOTION TO COMPEL BETTER RESPONSES TO DISCOVERY

MOTION FOR EXTENTION OF TIME TO RESPOND TO DISCOVERY

3 . The Plaintiff's motion for extension of time was filed after their time had expired .

4 . The act of the Plaintiff bringing forth a lawsuit without any cause shown , violates our Florida Rules Of Civil Procedures and their own Code Of Conduct .

5 . The Plaintiff's act of attaching a agreement that appears to be fabricated from two agreements and a incomplete Bill Of Sale to their complaint is a violation of our Florida Rules Of Civil Procedures and their own Code Of Conduct .

6 . The Plaintiff's repeated unprofessional actions are a clear indication that they do not have the respect for our Court that our Court should have and in fact deserves .

7 . Defendant contends that a charge of Contempt Of Court is warranted in this situation .

8 . Defendant contends the Plaintiff will claim error but the facts will show otherwise , Defendant's Discovery was in their hands 9 / 24 / 2009 , their motion for extension of time was filed 11 / 9 / 2009 , well outside of their time allowed .

9 . A claim of error can not be allowed , the facts show that they had time to prepare a Request for Admissions , Request for Productions , Request for Interrogatories , Motion for relief from admissions , Motion to Compel , and then a Motion for extension of time , Their act of ignoring Defendants Discovery and their act of not sending copy was intentional and Plaintiff must be punished for their actions .

10 . The Defendant has not listed the various sections of our Rules Of Procedures that

The Plaintiff has violated , these lawyers are professionals and these violations are so outrageous that they know these violations are exposed by our basic knowledge of truth , fairness , and honesty .

11 . Defendant begs this Court to take vigorous action against the Plaintiff and the law firm that is perpetrating these actions .

[david9041]

What are the grounds for motion? What rule or reason was cited?

So far I have learned that the difference between a Pro Se and a JDB lawyer is the Pro SE study's our rules and we try our best to obey them and the JDB lawyer study's the rules to find ways NOT to obey them .

And even though the scales of justice are supposed to be balanced , the fact that I am on one side of the scales and on the other side is the Judge with the lawyer on his lap , guess which way the scales are going to tip .

[nascar]

the difference between a Pro Se and a JDB lawyer is the Pro SE study's our rules and we try our best to obey them and the JDB lawyer study's the rules to find ways NOT to obey them ..

Sure seems that way, doesn't it?

[david9041]

Sure seems that way, doesn't it?

Real bummer they did send me copy after all , I had it mixed in with my Cap1 cases . In their MOTION FOR RELIEF FROM ADMISSIONS They claimed " Through inadvertence , a response was not filed within the prescribed time , then lots of case law to show it's okay and that it was not prejudicial to party .

It's not worth an argument , but now I won't be able to file that motion and make all those smart disgusting remarks . They have done enough things wrong already and I have shown intent to arbitration without having to elect arbitration , I need to stall this case anyway so I can stay on the Cap1 cases .

[MG05]

David no need to kick yourself on this as it is only a small setback. What you need to do is learn from and make some quick changes. First, take every paper you have on all your cases (think you said 4 Cap 1 and 1 other) and separate all the cases. Make folders for each case and put every paper in a chronological order. Next make a case summary sheet and list everything in chronological order you need to do on each case. List key dates and highlight those. Since you have so many cases, look at each folder daily and determine if anything needs to be done. If you’re doing a bunch of computer work on these cases make sure you create separate folders on your computer for each case. If you have Microsoft Excel it is a great way to keep track of everything. I have all of my accounts on excel and every time someone writes, I write or a pleading is filed I make an entry (this is great to build your account chain of custody as JDB change so often). Last suggestion, do not cookie cut your court pleadings or letters to opposing attorneys. Write each on from scratch and specific for that case. Remember, you are your own paralegal and pro se attorney, you have to be very organized. Keep your head up and move forward.