Received Response to Admissions I sent ..Need help!

[Harvest]

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(Posting as new thread for clarification)

Well thought I had everything finalized - I sent my response to admissions, Production of Docs and Interogatories in time, along with my own set of the same. 30 days had passed and I did not receive anything back from Attorney. On day 35 (dated on day 35 not just received) received Plaintiff's response to my first set of admissions only, but not Request for Docs or Interrogatories.

They copied me on Certificate of Service as "Pro Se"

Essentially, they objected or denied to all 16 questions, as follows:

1. Please admit you were not assigned to Citibank obligations under the purchase agreement.

Plaintiff objects to this request as vague and confusing, over-broad, harassing and unduly burdensome....also says the request seeks info that is an invasion of property rights and that the plaintiff affirmatively states the subject debt has not been assigned and plaintiff is the original and currend holder of said debt.

2. Please admit that you do not have the original or a copy of the assignment.

Objective same as above. Also stating Plaintiff cannot respond to this Request as it seeks information from "you" as a separate entity from Plaintiff.

3. Please admit that there was no written agreement, signed by defendant between Defendant and bank:

They object as "Written agreement" is undefined. They also object to the extend the request requires info that is an invasion of rights and trade secrets. ?

4. Please admit there is no written agreement between lawyer and myself.

They object to the extent I seek material that is not reasonably calculated to lead to the discovery of admissable evidence. Furthermore, Plaintiff objects because the Request is not limited to this case, are not limited in time, and are not even limited to information that Citibank can provide?. Plaintiff cannot respond as it seeks information about a non-party (attorney) who provides legal representation for the plaintiff who is wholly unrelated to this action.

5. Please admit that the defendant is authorized to pay the Original Creditor until he receives notification of assignment of rights to payment and that payme is to be made to the assignee.

They object to the extent that it calls for a legal conculsion, and unduly burdensome. They continue to use same objections as above as well.

6. Please admit that in (my state) if requested by the debtor the assignee must furnish reasonable proof that assigment has been made an unless he does so the debtor may pay original lender.

They object to request to extent it calls for legal conclusion. Vague, confusing, unduly burdensome. Seeks material not reasonably calculaed to lead to discovery of admissible evidence. Same objections as above.

7. Please admit that you did not send the defendant any notification of assigment of the account or assignment of rights.

Objects same objections as above.

8. Please admit that as of the date you drafted Complaint you had not evidence admissible at trial that proves Defendent owes debt.

Objects to the request to the extent that it calls for a legal conclusion.

9. Please admit they (as lawyers) are considered debt colelctors under FDCPA.

Objections at it calls for legal action. Unduly burdensome, etc. Material not reasonably calculated to lead to discovery of admissible evidence. Seeking info about a non party (attorney). Generally same objections as above.

10. Please admit you are barred under FDCPA from collecting interest on any amount not authorized by the agreement creating the debt or permitted by law.

Objects Request is not limited to this case, are not limited in time, and are not even limited that bank can provide?

11. Please admit you do not have the agreement to claim amount submitted in the complaint.

Objects as unduly burdensome, etc.

12. Please admit thaty you do not have copy of the original Bank Cardolder agreement.

Objects, unduly burdensome. Request requires info that is an invasion of bank rights. Plaintiff affirmatively states the debt has not been assigned and plaintiff is the original and current holder of said debt.

13. Pleae admit that (Attorney name) is realy party in interest.

Denied

14. Please admit that if you did purchase the alleged account it was in default.

Objects, unduly burdensome, invasion of rights, etc.

15. Please admit that if this assignment is proven by you it was purchased for less than the amount submitted in your complaint.

Object. Vague, unduly burdensome. Invasion of bank rights, trade secrets, etc.

16. Please admit you cannot provide dcs proving you (attorney) owns debt. Vague, unduly burdensome. Seeks material not reasonaby calculated to lead to discovery of admissable evidence. Request not limited to this case, etc. Plaintiff cannot respond as it seeks information about a non party (attorney) who is providing legal representation and wholly unrelated to the action.

Seems like a big game to me! And everyone playing both ends toward the middle.

My question is, what are my options at this point and does anyone have suggestions about what I should do moving forward/what my deadlines are? Again, they did not respond to my interrogatories/production of docs to them as yet either.

Thank you for any advice!

Edited December 14, 2010 by Harvest

[skippy1960]

Don't be disappointed in what you recieved in filing discovery a couple of times I have generally found it difficult and uneventful. Here is why, while defendants do all they can to not give real true and correct answers, so does the plaintiff and they have law degrees and some training on how to answer.

Hard to give you much on what your next steps are, you need to check your civil procedures and see what they say. Generally you need to compare how they answered with your rules of discovery, and if they objected consider if it is reasonable. Here is an example for number 3

3. Please admit that there was no written agreement, signed by defendant between Defendant and bank:

They object as "Written agreement" is undefined. They also object to the extend the request requires info that is an invasion of rights and trade secrets. ?

Common Sense says everyone in the room knows what you are asking, but in dealing with the law you have to be more specific, written agreement is very generic and could mean anything hence they object as undefined.

So a better question might be- Admit that the Plaintiff, prior to this date, has now, or could produce at any future date, a written agreement for Credit Card account #XXXX XXXX XXXX XXXX, that is named "Cardmember Agreement", which reflects the terms and conditions related to account # XXXX XXXX XXXX XXXX that bears the Defendants real authenticated signature.

So if you changed the question to my example "written agreement" is now defined, I covered the time frame, I tied it to the account number I gave it a common name for the type of written agreement and asked about a signature. Doesn't mean you will get any better of an answer, but if I were going to file a motion to compel based on non-answers being given the example question is much clearer.

Personally, I think we as pro se's ask for things to ask with out having a strategy behind why we are asking for informaiton. In reading a reasonable number of post reflecting what Plaintiff's ask for they are generally trying to get addimision of one thing to make their case. They will ask 10 or 20 questions, but what I see is 3-5 of those are variations of the same question and this is the piece they need to make their case.

Not knowing what the items are in your complaint don't know much more to say. I assume one count of your complaint is "written contract" hence you were asking for a sign contract.

[Harvest]

Thank you for your response!

My complaint was based around trying to confirm who they were and to have them provide a written contract of the agreement. I do have issue with that bank, if the account was in fact mine, I had cancelled a card early on due to activity I did not approve and they reissued a card. I also am trying to determine if this is just a JDA or in fact an attorney for the bank and if they purchased the account in default.

If I did not do anything, does their initial complaint stand and how long do they have to do something? I filed a response to their Admissions as well.

If I filed a motion to compel discovery, could that potentially delay a court appearance? I really want to delay this as long as possible and also find out if they are a JDA.

I also would love to know at this point, if the clock is ticking, what their possible next steps are and timeframes since we both have filed responses to admissions.

Thanks for your help...trying to determine what to do next!

[skippy1960]

Before I try to give you any further perspective, based on generalities because I am in California and you are not. Is there an original post the gives the blanket information about who (OC) what how much when you defaulted?

Also what are the grounds of the complaint, many times it will have "written agreement, common counts goods sold and recieved or account stated?

You can send via PM if you don't want to post this information....

[skippy1960]

Thank you for your response!

My complaint was based around trying to confirm who they were and to have them provide a written contract of the agreement.

Asking for this in discovery is fine it but realize that most CC accounts are initiated via phone or mail in request, internet etc. The days of going to your bank and sitting down with banker and completing application, signing the application are gone, even if you did this they aren't likely to have this. Further unless in the summons you recieved has only 1 count to the complaint and it says "written contract", which most CA's don't do they have mulitiple counts in the complaint as mentioned in other post.

I do have issue with that bank, if the account was in fact mine, I had cancelled a card early on due to activity I did not approve and they reissued a card.

This is good if you made your dispute in writing and have all the information to prove this.

I also am trying to determine if this is just a JDA or in fact an attorney for the bank and if they purchased the account in default.

From what I have read about Citi, they are pretty tenacious, so unless you defaulted on this account in 2007 or 2008, I would suspect they are the true plaintiff, have you checked your credit report to see how it is listed. Look for if it was sold or just charged off. You will then have a decent idea of whether they are the true plaintiff. I think an ideal question to ask in discovery to help with this question is- Please give the name of the witness empolyed by Citi Bank that will be the affiant to testify and authenticate the plaintiffs, statement attached to complaint? (something to this effect)

If I did not do anything, does their initial complaint stand and how long do they have to do something? I filed a response to their Admissions as well.

You need to check your rules of court and rules of civil procedure to see what next steps maybe in your jurisdiciton or legal aid if you have that in your area. In my state it goes as follows, summons with complaint trial date included, anwser in 30 days, discovery is open during this time frame, plaintiff will generally file MSJ about 90 to 120 days prior to trial, MSJ hearing if defendant beats MSJ then on to trial.

If I filed a motion to compel discovery, could that potentially delay a court appearance? I really want to delay this as long as possible and also find out if they are a JDA.

It could, but you might check to see if you could reword a few questions and send those to CA and see if you get better responses.

I also would love to know at this point, if the clock is ticking, what their possible next steps are and timeframes since we both have filed responses to admissions.

You might also check with the clerk of the court they maybe able to give some info on this....

Ball Park how much are they suing for?

[nascar]

Essentially, they objected or denied to all 16 questions,

Opposing counsel is just jerking you around because he knows you can't do anything about it. He wouldn't send those responses if you had an attorney.

In any event, you can (1) send a letter telling them that their answers are nonresponsive garbage (don't be afraid to use that exact term) and need to be amended or you'll file a motion to have them deemed admitted. (2) Restructure your questions and send them again, but be aware that the number of admissions, etc. are limited. If you do this, my guess is that you'll get the same answers as the first time. I wouldn't bother.

Incorporate with that letter a demand for them to respond to the other discovery requests or you'll move to compel.

If they blow you off, file the motions. Don't threaten to do something, then not do it.

[Harvest]

Thank you for your replies! I thought some additional info may be helpful, and I have a few questions if anyone can help:

1. Yes I do have some backup regarding the card that was cancelled. How can I specifically best outline this as a point in my case.

2. Original complaint from them ONLY included 2 comments: (1. Defendant is allegedly indebted to plaintiff for - sum of around 11K- and 2. Plaintiff counsel is attempting to collect on debt.)

3. Interesting history is there were virtually NO collection calls made by Citi to me. I did receive a letter sometime ago offering a settlement for a particular account. But then receive a complaint.

4.The original complaint did not have a date set of any kind. However, I did just contact clerk office and they said Scheduling order went out YESTERDAY from Judges office for some hearing dates in MAY! I have not received this yet.

5. All of their docs seem to place Citi as the plaintiff - not sure if that is accurate or if that is a technique of debt collectors.

6. The plaintiff sent me these recent responses a few days ago by USPS, copied to the court requesting they stamp and file.

Questions moving forward:

- To send submissions again, is all that is required is to reword and send the same as first calling them 2nd request for admissions?

- What is MSJ?

- If I sent a letter requesting they clarify or I will "deem the admissions admitted" how can that benefit me? Do I need to deem admissions admitted if they have been filed with the clerk?

- Is there a safe and reputable place I can get a free credit report?

-I really would prefer NOT going to court and getting this dismissed in someway. What are my best options for doing this?

-If at some point through Discovery this is proven to be mine, if I send in a small payment of some kind would this legally hold things off or does there have to be a formal written agreement in place and something on their part to remove it from court?

-If this is a bona fide attorney for bank would it benefit me to contact them directly or send them a letter explaining my situation?

I want the best outcome of course but have little or no finances at this time to work with.

Thank you SO much for any suggestions!

[skippy1960]

Questions moving forward:

- To send submissions again, is all that is required is to reword and send the same as first calling them 2nd request for admissions?

Nascar made a good point, first check to see what RCP say about how many you can send there is usually a limit. If you haven't exceeded that limit, the reword and some of your request and send as 2nd Set. Or follow his direct suggesting and call their answers garbage and ask again.

- What is MSJ?

Stands for Motion for Summary Judgement or sometime Motion for Summary Ajudication (MSA)- This is motion filed by Plaintiff that says your honor there is no questions of material or triable fact in this case, so no need for trial award plaintiff judgment.

- If I sent a letter requesting they clarify or I will "deem the admissions admitted" how can that benefit me? Do I need to deem admissions admitted if they have been filed with the clerk?

Typically, objecting to a question is not an answer to the question, RCP may state that non answers are considered an admission. The benifit would be if the court agrees with you that the objection to the question was unfounded or not reasonable, and no other answer was given. Then they admitted to what ever your questions was. As in are previous example "they admitted they don't have a signed agreement between you and plaintiff". IMO whether they have been submitted to the court or not the court makes a final determination, so you may deem them admitted based on lack for response, and proffer as evidence to support your claim, but court has final ruling if it agrees.

- Is there a safe and reputable place I can get a free credit report?

Any of the big 3 will do.

-I really would prefer NOT going to court and getting this dismissed in someway. What are my best options for doing this?

First you need to find a way through your fear of court, you might go visit the court you are going to be in and observe for a day or two prior to May. They are counting on your fear to win there case, it is intregal for them. You will need to check your RCP, and see if they have procedurally made errors that would require dismissal. Many posts on this board you will find if you continue to challenge them and fight, they may dissmiss of their own accord.

-If at some point through Discovery this is proven to be mine, if I send in a small payment of some kind would this legally hold things off or does there have to be a formal written agreement in place and something on their part to remove it from court?

Many cases are settle prior to completing court trials, I would never send money until I had a written agreement of the settlement.

-If this is a bona fide attorney for bank would it benefit me to contact them directly or send them a letter explaining my situation?

Highly unlikely it is the banks in house counsel, they may have written the complaint, but once an answer is filed thess cases are handled by outside counsel. You can attempt to speak with them, but they know your situation, you allegedly owe them money and aren't paying, and they want a judgement to enforce their alleged rights to collect.

[jims86lxihb]

From what I have read about Citi, they are pretty tenacious, so unless you defaulted on this account in 2007 or 2008, I would suspect they are the true plaintiff, have you checked your credit report to see how it is listed. Look for if it was sold or just charged off. You will then have a decent idea of whether they are the true plaintiff. I think an ideal question to ask in discovery to help with this question is- Please give the name of the witness empolyed by Citi Bank that will be the affiant to testify and authenticate the plaintiffs, statement attached to complaint? (something to this effect)

I stopped paying both my Citi cards along with all my other accounts in september 2009. Citi charged off both of them in the same clock work fashion as every other creditors of mine in march/April of this year. As mentioned, he needs to pull a credit report. For me I knew what was going to happen because Citi told me on the phone that's how they roll, so to speak. I find it much more likely that the majority of action's occurring are JDB's buying debt and using standard practices to make people think it's the OC. Bad business model if you can read enough threads here

Edited December 16, 2010 by jims86lxihb