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I was served w/Tough Request for Admissions by the Junk Debt buyer..Help!


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Hello folks,

I was server with that Request for admissions by a JUNK DEBT BUYER last week. I am not sure what to answer. I don’t want to get in trouble for lying. They have responded to my request for admissions and discovery. They don’t have anything but BILL OF SALE; STATEMENTS; AFFIDAVIT provided by them in my request for production. They pretty much object everything in the Discovery. I filled a motion to strike all the evidence above with a hearing date last month and the judge didn’t strike it because he said it was not scandalous. I told him that my name is not on the Bill of Sale and He said “YES, You are right. Why don’t we just set the trial instead of playing with those motions? It’s time for us to find if you really owe them money.”

Right after that the next day I received Request for admissions, Interrogatories and production. The request for admissions is the hardest for me because I think it could get me in trouble if not worded right.

Please, help! It’s the following:

PLEASE LET ME KNOW WHAT YOU THINK FOR REQUEST 1, 3, 4, 5:?:.

REQUEST 3, 4, 5 STATEMENTS ARE REALLY MINE!:?:

REQUEST FOR ADMISSIONS

1. Defendant admits that they had an Agreement or Contract with the original issuer of the credit card.

A: 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. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

2. Defendant received and used a credit card under the account number which is the subject of the above referenced case.

A: 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.

3. Defendant received from THE ORIGINAL CREDITOR a statement of account and/or invoice on or about January, 7 2008 and did not object. See Exhibit A.

A: Defendant objects to Admission No.3. Defendant objects the validity of the statement “Exhibit A” provided which has not been authenticated or notarized neither has it been attested to be true and accurate copy of the actual records; Plaintiff’s name is not on the statement “Exhibit A”; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

4. Defendant received from THE ORIGINAL CREDITOR a statement of account and/or invoice on or about February, 7 2008 and did not object. See Exhibit B.

A: Defendant objects to Admission No.4. Defendant objects the validity of the statement “Exhibit B” provided which has not been authenticated or notarized neither has it been attested to be true and accurate copy of the actual records; Plaintiff’s name is not on the statement “Exhibit B”; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

5. Defendant received from THE ORIGINAL CREDITOR a statement of account and/or invoice on or about July, 7 2008 and did not object. See Exhibit C.

A: Defendant objects to Admission No.5. Defendant objects the validity of the statement “Exhibit C” provided which has not been authenticated or notarized neither has it been attested to be true and accurate copy of the actual records; Plaintiff’s name is not on the statement “Exhibit C”; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

6. Defendant received from THE ORIGINAL CREDITOR a statement of account and/or invoice and did not object.

A: 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.

7. The computations by which the balance claimed by Plaintiff were computed are accurate.

A: Defendant Objects to Admission request No.7. Plaintiff is asking the Defendant to form a legal conclusion; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

8. The balance as stated in the Complaint is due and owing by Defendant to Plaintiff.

A: Defendant Objects to Admission request No.8. Plaintiff is asking the Defendant to form a legal conclusion; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

9. Defendant has never notified the credit card company nor the Plaintiff of any claims or defenses.

A: 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. After receiving the First Amended Complaint Defendant filed an Answer and Affirmative Defenses at the Court and copies were sent to Plaintiff by US Express mail.

10. Written demand has been made by Plaintiff upon Defendant for payment of the claim herein sued upon more than thirty (30) days prior to the date hereof.

A: 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.

11. Except as may be shown in Plaintiff’s Complaint or attachments hereto, Defendant is not entitled to any credits, offsets or deductions.

A: Defendant Objects to Admission request No.11. Plaintiff is asking the Defendant to form a legal conclusion; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

12. There are no facts upon which Defendant relies as a basis for any defense in this action.

A: 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.

13. There are no documents, writings, letters, records or papers of any sort upon which Defendant intends to utilize as evidence of or a basis for any defense in this action.

A: 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.

14. Interest on the claim asserted herein by Plaintiff is due in the amounts established by applicable law and by the charges shown in the attachments to Plaintiff’s Complaint.

A: Defendant Objects to Admission request No.14. Plaintiff is asking the Defendant to form a legal conclusion; the Defendant is not an attorney. As such, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request.

PLEASE LET ME KNOW WHAT YOU THINK FOR REQUEST 1, 3, 4, 5:?:.

REQUEST 3, 4, 5 THE STATEMENTS ARE REALLY MINE!:?:

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It seems like you're trying to avoid answering the admissions at all. I know being slippery is cool for a pro se litigant but you have to explicitly Admit or Deny each of the Requests for Admissions. Otherwise they can do a motion to deem them admitted. See below for an example:

1.1. Defendant admits that they had an Agreement or Contract with the original issuer of the credit card.

A: 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. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

DENIED. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

2. Defendant received and used a credit card under the account number which is the subject of the above referenced case.

A: 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.

DENIED. (Have they referenced an account number in anything they've sent you or the complaint? If not, you can say what you said in (1)).

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When you answered the Complaint, what did you state to deny the debt?

The Plaintiff does not mention anything about an agreement or contract in the Complaint. They talk about a credit card only. That's what I answered in the complaint:

3. Defendant used said credit card resulting in a balance owed to THE ORIGINAL CREDITOR of $XX,XXX.XX.

My answer was:

The Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof…

Edited by floridacclawsuit
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It seems like you're trying to avoid answering the admissions at all. I know being slippery is cool for a pro se litigant but you have to explicitly Admit or Deny each of the Requests for Admissions. Otherwise they can do a motion to deem them admitted. See below for an example:

1.1. Defendant admits that they had an Agreement or Contract with the original issuer of the credit card.

A: 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. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

DENIED. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

2. Defendant received and used a credit card under the account number which is the subject of the above referenced case.

A: 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.

DENIED. (Have they referenced an account number in anything they've sent you or the complaint? If not, you can say what you said in (1)).

THANK YOU FOR YOUR HELP! I think you are right those are 2 of the most important admissions I don't have to screw up. I just don't want to be in trouble or in contempt of court if they prove something later but they are just a JUNK DEBT BUYER. I don't think they will if they have not done it in their response to my discovery request.

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The statements that the JDB is aking for at 3, 4 and 5 are really mine...The question is If I object them/or something/ Do I also have to deny it or or answer the following with the objection:

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.

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The computations by which the balance claimed by Plaintiff were computed are accurate.A: Defendant Objects to Admission request No.7. Plaintiff is asking the Defendant to form a legal conclusion; Calls for speculation by the Defendant.

8. The balance as stated in the Complaint is due and owing by Defendant to Plaintiff.

A: Defendant Objects to Admission request No.8. Plaintiff is asking the Defendant to form a legal conclusion; Calls for speculation by the Defendant.

1.1. Defendant admits that they had an Agreement or Contract with the original issuer of the credit card.

A: 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. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

DENIED. Plaintiff has not attached such an Agreement or Contract to the First Amended Complaint neither has it been provided to Defendant in the Defendant’s request for production.

Try this instead: Plaintif has failed to state a claim for which relief can be granted. Plaintiff has provided no proof that a Business Relationship existed between the Defendant and the Plaintiff, there fore the Plaintiff has lack of standing to initiate such suit.

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I'll offer a couple of suggestions.

1. Do you remember receiving those statements?

Look at the wording of the admissions. They state "Defendant received". If you honestly don't remember receiving those statements that they've included as exhibits, I might answer:

"Denied. Defendant does not recall receiving Exhibit A."

You wouldn't be lying. If you don't remember receiving those statements, you don't remember.

OR

2. I've seen an attorney use the following response:

"Denied. However, Defendant is searching his records and reserves the right to amend his Answer."

Maybe others will chime in.

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Right bv80 but I just came back to suggest the same only combine the two suggestions in to one answer,

Defendant denies this allegation, The Defendant does not remember receiving such documents, But Defendant is reviewing his records and reserves the right to amend this allegation if such records are located.

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Right bv80 but I just came back to suggest the same only combine the two suggestions in to one answer,

Defendant denies this allegation, The Defendant does not remember receiving such documents, But Defendant is reviewing his records and reserves the right to amend this allegation if such records are located.

I like your response. Just one suggestion: I think you meant "...reserves his right to amend his RESPONSE to this allegation..."

I don't think they'd be too happy if the defendant amended the allegation. :)

Edited by BV80
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