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Need help answering Plaintiff's Request for Admissions to Defendant


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Hi. I'm being sued by a JDB and need help answering their tricky-looking Request for Admissions to Defendant. This is from the Plaintiff:

PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT

Comes now Plaintiff in the above styled case and pursuant to O.C.G.A. 9-11-36 requests defendant within forty-five (45) days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at trial:

1. Defendant is subject to the jurisdiction of this Court and venue is proper.

2. Defendant has either applied for, obtained, used, or authorized the use of the credit card which is the subject of the Plaintiff's complaint.

3. Defendant failed to make payments under the terms of the credit agreement, and as a result of Defendant's failure to make payments, Defendant defaulted leaving the balance as set forth in the complaint as due and owing.

4. All payments and credits to which the Defendant is entitled have been properly applied to the account and the amount sought in the complaint is a true and correct reflection of the amount owed.

5. Plaintiff is entitled to attorney's fees pursuant to the credit card agreement as attached as an exhibit to the complaint, if alleged in the complaint.

6. Prior to the filing of the complaint, the Defendant received statements from the Plaintiff showing the balance due.

7. Defendant did not dispute the charges or the balance as provided by the credit card agreement, and there are no disputes regarding the debt set forth in the complaint.

8. The balance due as alleged in the complaint is the correct sum owed by the Defendant based on Plaintiff's calculation of all information contained in records maintained by the Plaintiff on Defendant's account.

9. Plaintiff is the proper party Plaintiff and is the lawful ownder of the credit card debt that is owed.

(By the way it appears they didn't attach any credit card agreement to the complaint -- will double check this though at the courthouse, but it wasn't attached. There is also the summons and Complaint on Contract, all came together with this. I've worked out my Answer somewhat, but still need help with the above admissions.)

Thanks.

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Enjoy!

PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT

1. Defendant is subject to the jurisdiction of this Court and venue is proper.

Denies. Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not this is true. Calls for guesswork by the Defendant.

2. Defendant has either applied for, obtained, used, or authorized the use of the credit card which is the subject of the Plaintiff's complaint.

Denied. To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor using this card.

3. Defendant failed to make payments under the terms of the credit agreement, and as a result of Defendant's failure to make payments, Defendant defaulted leaving the balance as set forth in the complaint as due and owing.

Defendant has already denied recollection of this card and therefore this question is improper.

4. All payments and credits to which the Defendant is entitled have been properly applied to the account and the amount sought in the complaint is a true and correct reflection of the amount owed.

Defendant has already denied recollection of this card and therefore this question is improper.

5. Plaintiff is entitled to attorney's fees pursuant to the credit card agreement as attached as an exhibit to the complaint, if alleged in the complaint.

Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff.

6. Prior to the filing of the complaint, the Defendant received statements from the Plaintiff showing the balance due.

Denied. Defendant has no recollection of receiving any statements from Plaintiff, nor has proof of the delivery been provided.

7. Defendant did not dispute the charges or the balance as provided by the credit card agreement, and there are no disputes regarding the debt set forth in the complaint.

Defendant has already denied recollection of this card and therefore this question is improper.

8. The balance due as alleged in the complaint is the correct sum owed by the Defendant based on Plaintiff's calculation of all information contained in records maintained by the Plaintiff on Defendant's account.

Defendant has already denied recollection of this card and therefore this question is improper. Furthermore, Defendant has not seen any authenticated records showing how alleged balance was calculated.

9. Plaintiff is the proper party Plaintiff and is the lawful ownder of the credit card debt that is owed.

Denies. Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not this is true. Calls for guesswork by the Defendant. Furthermore, no contract has been provided by Plaintiff so that determination of ownership can be ascertained.

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Admin,

Those are answers are wonderful. My question is this:

Considering the questions about using the card and making payments were answered with "defendant doesn't remember applying for or using the card", how does it look if the Plaintiff then provides cc statements with charges and payments, but the defendant is not claiming ID theft?

I know it's difficult to deny the debt if and/or when the Plaintiff provides statements.

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Since it is a JDB, if they came up with the alleged statements, first they would have to be certified copies if not the originals and a witness from the OC present to testify to the authenticity of the statements. Not an easy win I would think. That's how I understand it.

Edited by kingair41
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Whoa, broke just got some excellent advice, question by question. I can just see the double take the JDB lawyers will have when they get those flawless anwsers.

Use the site here to research how to file affirmative defenses and discovery, some good templates are ready for you to view on the site here.

What JDB is suing you???

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Since it is a JDB, if they came up with the alleged statements, first they would have to be certified copies if not the originals and a witness from the OC present to testify to the authenticity of the statements. Not an easy win I would think. That's how I understand it.

Requiring originals or authentication from a witness from an OC depends on what each state requires. Some states require what you stated. Others are not quite so stringent.

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  • 4 weeks later...

Thanks again for the replies. I was too "chicken" to answer myself so I ended up asking a lawyer to help me with the answers. He replied with a blanket denial to the requests for admissions, and basically put it back on them and told them to validate the debt, etc.

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Forgot to add:

As to jurisdiction, my lawyer replied the way admin suggested -- that defendant lacks knowledge as to jurisdiction of the court, and therefore denies !!

I'm curious as to how Plaintiff will reply when even the court jurisdiction is denied. I'll keep you all updated.

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  • 1 month later...

Thank you very much Admin. I just got served by Midland last Saturday, and I am working on my answer. This will go a long way in putting me on the right track. I actually got a single statement, a blank contract from who knows when, and the normal affidavit from "Susam Rasmussen" who works for Midland Funding. I actually sent a DV when the attorney sent me a debt letter in January. It had a dunning notice on it. They ignored the DV, and sued me two months later. Not sure if I should go the countersuit route or not.

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Forgot to add:

As to jurisdiction, my lawyer replied the way admin suggested -- that defendant lacks knowledge as to jurisdiction of the court, and therefore denies !!

I'm curious as to how Plaintiff will reply when even the court jurisdiction is denied. I'll keep you all updated.

What's the latest on your case? Last time I had any dealings with a junk debt buyer, they couldn't answer my requests for admissions and dismissed within 14 days of receiving them. Please update us.

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