JDB has responded to admissions; what next?

[Costa]

Below are my requests for admissions along with the JDB responses. What should my next step be?

1. Admit that Plaintiff regularly conducts consumer credit transactions.

As to paragraph 1 of Defendant's request for Admissions, Plaintiff objects to same as being vague and ambiguous.

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

Plaintiff denies the admissions contained within paragraph 2.

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.

Plaintiff is unknown to same, therefore denied.

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

Plaintiff is unknown to same, therefore denied.

5. Admit that by not attaching the "Account" agreement reference in Plaintiff's complaint, Plaintiff has deprived Defendant of being fully informed of the right to arbitrate the dispute that is subject of this lawsuit.

Plaintiff denies the admission.

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

Plaintiff objects to same as it calls for legal conclusions, therefore denied.

7. Admit that "Original Creditor" has transferred all rights to the account alleged in the complaint to the law office of "Blank", and therefore are not the true Plaintiff in this lawsuit.

Plaintiff denies the admissions

8. Admit that "Original Creditor" has no direct knowledge of the litigation initiated by JDB on the account that is in dispute, and that no employee or agent of "Original Creditor" directly requested any employee or agent of JDB to initiate any legal action against Defendant.

Plaintiff objects to same as attorney/client privilege.

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

Plaintiff admits the admission

10. Admit that Plaintiff properly provided a copy of the alleged cardholders agreement and all its amendments to Defendant.

Plaintiff denies the admission.

What should my next step be? I have already requested discovery and interrogatories. The court has said that if I do not receive a response by May 20, then my motion to compel will be heard. There is a final hearing scheduled for May 27. I am in Florida.

[Costa]

Also, on all of the documents that are sent it says that the JDB is the successor in interest to the original creditor. I don't know if that means anything.

[ADSOFT]

I would send a BOP: BILL OF PARTICULARS.

IMO you never asked if there was an agreement in possesion of the plantiff. What you want to do is to see if they have all the elements to win and or litigate a BREACH OF CONTRACT CASE.

If they don't then you can get the case dismissed.

[Costa]

I have searched for this but I have come up empty handed. Could you point me in the right direction for the Bill of Particulars. Also, is this allowed in Florida. I have searched FL Civil Procedure and I have not been able to find anything regarding this.

[nascar]

I have searched FL Civil Procedure and I have not been able to find anything regarding this.

You won't.

[Costa]

So is this not allowed in FL?

[FlaLawyer]

"The party who has requested the admissions may move to

determine the sufficiency of the answers or objections.

Unless the court determines that an objection is justified,

it shall order that an answer be served. If the

court determines that an answer does not comply with

the requirements of this rule, it may order either that

the matter is admitted or that an amended answer be

served."

Florida Rules of Civil Procedure 1.370.

[Costa]

Does that mean that I need to send something to the JDB requesting that they answer the questions, or do I file a motion with the court that they answer what they are objecting to?

[Costa]

Can I get some assistance with this please? I am unsure of how to proceed. Does the State of Florida allow a bill of particulars? Since the Plaintiff/JDB/lawyer has not answered some questions, do I put a motion together for the court to require it? Also, I am lost at how to word this? For one answer they put attorney/client privilege. How can I get them to answer these?

[FlaLawyer]

Does that mean that I need to send something to the JDB requesting that they answer the questions, or do I file a motion with the court that they answer what they are objecting to?

You have to file a motion to compel and for better answers and set it for hearing.

The response to your document requests was its response that it is a "successor in interest to the original creditor" with no documents sent in response?

You may have to go to court for several different hearings before getting either documents or a dismissal. It is dependent on the judge. Most smart judges will not dismiss at the first discovery dispute hearing as it is near impossible to defend such an order on appeal.

[Costa]

No. ON the original complaint/summons, at the top where it states who the plaintiff is it says Midland Funding LLC as successor in interest to "original creditor here".

That was my thinking regarding the motion to compel; just needed to be reassured. Thanks for you help.

Also, I checked my record online and it now states that a "hearing" is being held instead of trial.

It said : 4/16/2010 MOTION: TO SET FOR TRIAL AND ORDER SETTING CAUSE FOR TRIAL (date and time)

Now it says: 4/30/2010 HEARING SET FOR (same date) AT (same time) IN / , JDG: (judge listed here)

Does this mean the same thing or has something changed?

[FlaLawyer]

The "successor in interest" language is there to show an assignment. Most JDB complaints will claim they are the successor in interest to OC. This does not mean that they are the direct successor and there may be many JDBs between the current Plaintiff and the OC.

Who set the motion to set trial date? You are going to have to call the Court's Judicial Assistant to determine what is going on. Do you have any hearing notices?

[Costa]

The Plaintiff set the motion to set trial date. The only thing I have received is for the original date of May 27 which is when the plaintiff/attorney will be appearing by phone and it will be in the judge's chambers. I will be there in person.

I spoke with the assistant about 2 weeks ago regarding my request for motion to compel and she had stated that the trial date has already been set but if the plaintiff had not replied to requests by May 20 then to call back then.