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Thank you all for helping me out thus far! I need help with answering the request for admissions, and request for production of documents can anyone assist. The following is a list of request by JDB Attorney:

ADMISSIONS

1) Admit that ORIGINAL CREDITOR issued to you the CREDIT CARD ACCOUNT.(for purposes of these Request for Admissions, "CREDIT CARD ACCOUNT" means XXXXXXXXXbank creditcard number xxxxxxxxxxxxxxxx which is the subject of this lawsuit.

2) Admit that YOU used said CREDIT CARD ACCOUNT (e.g., for purchases and/or cash advances).

3) Admit that YOU and ORIGINAL CREDITOR entered into the cardmember agreement regarding CREDIT CARD ACCOUNT.

4) Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding YOUR CREDIT CARD ACCOUNT.

5) Admit that YOU have not paid the outstanding balance on said CREDIT CARD ACCOUNT.

6) Admit that YOU owe the Plaintiff the ammounts prayed for in the complaint.

7) Admit that YOU have no facts which would vary the ammounts owed to Plaintiff.

8) Admit that YOU have no affirmative defenses againts the Plaintiff's complaint.

REQUEST FOR PRODUCTION

1) Copies of any and all correspondence between YOU and ORIGINAL CREDITOR relating to the CREDIT CARD ACCOUNT. (OC XXXXXXXXXXBANK credit card account XXXXXXXXXXXXXXXX).

2) Copies of any and all correspondence between YOU and Plaintiff relating to the CREDIT CARD ACCOUNT.

3) Copies of all documentation evidencing any payments made to ORIGINAL CREDITOR on said CREDIT CARD ACCOUNT.

4) Copies of any and all documents that support the affirmative defenses raised by YOU in this action.

5) Copies of all correspondence from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about YOUR Credit Card Account.

Any help is truely appreciated ! Thanks

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Admissions

1. Denied. Defendant has no recollection of the alleged account.

2. Denied.

3. Denied. Defendant has no recollection of the alleged account, and Plaintiff has not provided said cardmember agreement.

4. Denied. Defendant does not recall receiving such documents.

5. Objection. Defendant has denied knowledge of the account and, therefore, can have no outstanding balance.

6. Denied.

7. Denied.

8. What were your affirmative defenses?

Request for Production of Documents:

1. Defendant has denied knowledge of the account and has no such documents. Plaintiff's request is respectfully denied.

2. Defendant has denied knowledge of the account and has no such documents. Plaintiff's request is respectfully denied.

3. Defendant has denied knowledge of the account. Plaintiff is requesting documentation that should already be in Plaintiff's possession.

4. What were your affirmative defenses?

5. Did you dispute the account with any of the credit reporting agencies?

There's also other answers available on these boards. You might want to do a search just to make sure you don't want to change or tweak them.

Edited by BV80
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My non-lawyer 2 cents worth: Requests for Admissions in CA are under oath for some strange reason. Not in CT. This is a junk debt buyer, make them work for it. Most likely they have no records and no case. Otherwise, they wouldn't be asking YOU to provide all the evidence they should already have. If they didn't even put an account number in this mess, ask the judge to dismiss the case with prejudice. Could be Elvis' credit card for all you know.

1) Admit that ORIGINAL CREDITOR issued to you the CREDIT CARD ACCOUNT.(for purposes of these Request for Admissions, "CREDIT CARD ACCOUNT" means XXXXXXXXXbank creditcard number xxxxxxxxxxxxxxxx which is the subject of this lawsuit.

DENIED to the extent that the "credit card account" number is not included. The request is therefore impossible to comply with.

2) Admit that YOU used said CREDIT CARD ACCOUNT (e.g., for purchases and/or cash advances).

DENIED see response to request number 1

3) Admit that YOU and ORIGINAL CREDITOR entered into the cardmember agreement regarding CREDIT CARD ACCOUNT.

DENIED to the extent that no such agreement bearing defendant's signature was appended hereto, therefore defendant cannot reasonably formulate a response.

Also see response number 1.

4) Admit that ORIGINAL CREDITOR mailed monthly statements to YOU regarding YOUR CREDIT CARD ACCOUNT.

DENIED to the extent that the referenced statements have not been produced or appended hereto, nor any proof of delivery thereof

5) Admit that YOU have not paid the outstanding balance on said CREDIT CARD ACCOUNT.

DENIED to the extent that the existence of the account referenced (and the referenced agreement connected thereto) has not been established as fact. Therefore, no such obligation on the part of the defendant exists.

6) Admit that YOU owe the Plaintiff the amounts prayed for in the complaint.

OBJECTION Calls for a legal conclusion. Liability for debts alleged in a civil action are to be decided by the trier of fact, not the defendant.

7) Admit that YOU have no facts which would vary the amounts owed to Plaintiff.

OBJECTION: The "amounts owed" are not established as fact, nor any account number to which they are connected. Therefore, "facts" which would serve to "vary" that which has no foundation are unnecessary. Also calls for a legal conclusion connected to the evidentiary value of any such "facts."

8) Admit that YOU have no affirmative defenses againts the Plaintiff's complaint.

OBJECTION Any special defenses already asserted would be in the answer, therefore already known to plaintiff. Defendant reserves the right to properly amend his answer or assert future defenses as may be allowed under the California Rules of Civil Procedure

REQUEST FOR PRODUCTION

1) Copies of any and all correspondence between YOU and ORIGINAL CREDITOR relating to the CREDIT CARD ACCOUNT. (OC XXXXXXXXXXBANK credit card account XXXXXXXXXXXXXXXX).

OBJECTION: Overy burdensome, oppressive, and beyond the permissible bounds of discovery. Documents such as those referenced would be in the plaintiff's records, therefore already assumedly known to plaintiff.

2) Copies of any and all correspondence between YOU and Plaintiff relating to the CREDIT CARD ACCOUNT.

Ditto

3) Copies of all documentation evidencing any payments made to ORIGINAL CREDITOR on said CREDIT CARD ACCOUNT.

Ditto

4) Copies of any and all documents that support the affirmative defenses raised by YOU in this action.

Can't help with this one, don't know if or what special defenses you raised.

5) Copies of all correspondence from YOU regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about YOUR Credit Card Account.

OBJECTION: Vague, overly burdensome, convoluted, and oppressive. The alleged recipients of the alleged correspondence have not been named. Such correspondence, if indeed it existed, could be within the bounds of attorney-client privilege. Additionally, "statements that YOU believe were made" suggests further unidentified third parties. The vague, confusing compounded language of the request makes it impossible to comply with.

Edited by legaleagle
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Admissions

1. Denied. Defendant has no recollection of the alleged account.

2. Denied.

3. Denied. Defendant has no recollection of the alleged account, and Plaintiff has not provided said cardmember agreement.

4. Denied. Defendant does not recall receiving such documents.

5. Objection. Defendant has denied knowledge of the account and, therefore, can have no outstanding balance.

6. Denied.

7. Denied.

8. What were your affirmative defenses?

Request for Production of Documents:

1. Defendant has denied knowledge of the account and has no such documents. Plaintiff's request is respectfully denied.

2. Defendant has denied knowledge of the account and has no such documents. Plaintiff's request is respectfully denied.

3. Defendant has denied knowledge of the account. Plaintiff is requesting documentation that should already be in Plaintiff's possession.

4. What were your affirmative defenses?

5. Did you dispute the account with any of the credit reporting agencies?

There's also other answers available on these boards. You might want to do a search just to make sure you don't want to change or tweak them.

I like this post for the admissions:http://www.creditinfocenter.com/forums/1122569-post5.html

Here is also request for production responses.

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working on an answer is good. keeping it flexible enough for actions down the road is the tough part.

The BoP gets them good, I like it's effectiveness.

I have never seen a case here for debt collection where a demurrer was used. I am sure it happens but don't know if that is effective.

Affirmative defenses?

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Thank you all. FYI the answers are great but they did provide the credit card account number. Not sure which kind of answer to go with. ADDITIONALLY, I have sent out a Bill of Particulars which they have not responded. (10 days to answer will expire on 9-29-11)

Here's my Affirmative Defense, how will this help me answer No. 4 for the Production of documents?

Defenadant claims lack of Privity as Defendant has never applied nor entered into any contractual, written, oral, or implied credit arrangements with Plaintiff.

2. Plaintiff’s Complaint violates the Statue of Frauds as the alleged agreement or contract rests within a class of contracts or agreements that are required to be in writing. Plaintiff has failed to produce such cumentation to support their allegation.

3. Plaintiff is not the real party in interest. Plaintiff has not provided a bill of sale or valid assignment of debt to prove ownership of alleged debt.

4. Plaintiff is barred under the Fair Debt Collection Practices Act from collecting attorney fees, interest, penalties, and other assorted collection fees, and any amount not specifically provided for by alleged agreement that Plaintiff has not provided.

5. Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted a form of payment or credit from Plaintiff for the alleged debt.

6. Plantiff damages are limited to actual or real damages only. Plaintiff voluntarily made an assumption of risk and is not entitled to judgement. Plaintiff’s damages are limited to real or actual damages of actual cost paid or exchanged to alleged Original Creditor for the alleged debt.

7. The Plaintiff has not proven that they are authorized and licensed to collect claims for others in the State of California, solicit the right to collect receive payment of a claim of another.

8. The Complaint fails to allege or prove that the Plaintiff is licensed and has procured a bond in the State of California as required.

9. Defendant reserves the right to plead other affirmative defenses that may become applicable at a later date.

Edited by servedtoday
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Your responses are OK. Between that and the BoP, you might actually tie up the Plaintiff.

On Oct 4, send the plaintiff a meet and confer letter - give them 10,15,30 (your choice) more days to answer. Let them know if they fail to respond, you will file a motion to preclude their "evidence"

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NO, I'm sorry if I confused you. I answered their summons a while back. Upon serving them with my answer to the summons and filing it with the courts, I mailed out CMRR a BOP and I am currently waiting for their answer. I am currently answering their Admissions, Interrogatories and Production of Documents.

Also should I file, my answers to Admissions, Interrogatories and Production of Documents or should I just mail them out CMRRR?

Edited by servedtoday
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If you send Prod. of documents, admissions, and interrogatories they get more time to answer and produce. You want to press them about the BoP and get your evidence exclusion first. If you send more discovery you let them off the hook.

There are better ways to skin a cat.

After they don't answer the BoP(because they have to wait for the person that sold them docs to get them) motion to compell them and get exclusion of all evidence. if the court denies that then go for discovery bombs.

and for the meet and confer give them only 5 days more. specifically say if not produced by 12PM PST on the day then you will motion to compel.

why give them twice the amount of time of the statute? 5 days is more than reasonable. Also make them sign a stipulation where they admit that they do not presently have the documents.

a little pressure now pays off big.

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If you send Prod. of documents, admissions, and interrogatories they get more time to answer and produce. You want to press them about the BoP and get your evidence exclusion first. If you send more discovery you let them off the hook.

There are better ways to skin a cat.

After they don't answer the BoP(because they have to wait for the person that sold them docs to get them) motion to compell them and get exclusion of all evidence. if the court denies that then go for discovery bombs.

and for the meet and confer give them only 5 days more. specifically say if not produced by 12PM PST on the day then you will motion to compel.

why give them twice the amount of time of the statute? 5 days is more than reasonable. Also make them sign a stipulation where they admit that they do not presently have the documents.

a little pressure now pays off big.

I'm in the same boat as well, an unanswered BOP request. What's the next step?

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I'm in the same boat as well, an unanswered BOP request. What's the next step?

Check this post for ideas responding to interrogatories and document requests when there is an unanswered BOP request outstanding.

Help Answering Discovery - Stay at Home Mom - Sued By Cach, LLC in California

If you are not facing discovery and just want to know how to force the plaintiff to repond to the BOP, you should send a meet and confer letter then file a motion if necessary. Another post on that topic:

http://www.creditinfocenter.com/forums/there-lawyer-house/307597-objection-bop.html

Good luck.

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