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Quick quest about plaintiffs Interr


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Hi ..Ill make this quick ... Got request for admiss and interr from debt collector. I have been studying posts on how to answer and believe I will do well...BUT...There's one thing I am a little unsure about. In the answer to the complaint, the question admit you had a CC with OC etc, I answered with ADMIT IN PART Defendant did have an account with XXXXXX, DENY IN PART I have been presented no evidence that the account I had with XXX is the same account as the alleged debt in this complaint

So my question is, when I answer the admiss and interr, did I screw myself by admitting in part that i did have an account with OC? I obviously can not deny any of that now, so should I just continue to respond saying I still have not been given proof of the account etc?

I did send then discovery, and of course their answers showed they have no documentation to prove account.

Thanks :)

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I don't think you have hurt yourself. Also, you will probably find that no one is going to read the paperwork and agonize it like you; not the judge, not the plaintiff's attorney. That's not a knock against you personally. For all of us, these are unique, personal matters, and we labor extensively over them. For judges and attorneys, who deal with hundreds of these cases, its tedious and impersonal, and they are just going through the motions.

When you answer your Admissions and Interrogatories, don't worry about what you said in your Answer to the Complaint. Put down the answer that serves you best.

Here's how my attorney responded to a the first two Request for Admissions:

Request No. 1

You applied for and opened a credit card with Citibank

Response to Request No. 1

Objection: Responding party objects to this request in that it is vague, ambiguous, overly broad and burdensome in that it is not limited in time, nor is it limited to the subject matter of this litigation.

Request No. 2

A MasterCard credit card was issued to you by Citibank with account number xxxxxxxxxxxxxxxx.

Response to Request No. 2

Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

Always remember: Debt collection attorneys have perverted the Discovery process. They want you to admit to things so they don't need to prove them in court. Don't admit to anything that they should have to produce evidence or documentation for.

Good luck.

DH

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Hows this....and FYI they never included OC name or account number in their request for admission and it was so dam repetitive!!!

REQUEST FOR ADMISSION NO. 1:

Admit you received a credit card and/or line of credit from Plaintiff or Plaintiff’s assignor.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 1.:

Defendant objects to this Request For Admission on the ground that after reasonable inquiry the information known or readily obtainable by her is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt . Based upon the foregoing, Defendant responds as follows: DENIED.

REQUEST FOR ADMISSIONS NO. 2:

Admit that a credit card and/or line of credit was extended to you by Plaintiff or Plaintiff’s assignor.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 2:

DENIED: Please see Response to Request for Admissions NO. 1.

REQUEST FOR ADMISSIONS NO. 3:

Admit you made charges on this credit card and/or line of credit.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 3:

DENIED: Please see Response to Request for Admissions NO. 1.

REQUEST FOR ADMISSIONS NO. 4:

Admit you received cash advances on this credit card and/or line of credit.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 4:

DENIED: Please see Response to Request for Admissions NO. 1.

REQUEST FOR ADMISSIONS NO. 5:

Admit the amount claimed by Plaintiff in the Complaint is correct.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 5:

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.

REQUEST FOR ADMISSIONS NO. 6:

Admit that the Affidavit attached to the Complaint correctly states the amount due.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 6:

DENIED: Defendant has Objected to Plaintiff’s Affidavit in Complaint. Also see Response to Request for Admissions NO. 1.

REQUEST FOR ADMISSIONS NO. 7:

Admit you were aware that late payment fees would be charged to your account for failure to make timely payments by the due date shown on your monthly statements.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 7:

DENIED: Request is duplicitous and designed to harass the Defendant. Defendant has denied any information or knowledge to admit the truth or falsity of the Plaintiff’s Complaint and given the time period involved, Plaintiff would be best able to provide the information sought.

REQUEST FOR ADMISSIONS NO. 8:

Admit you were aware that fees would be charged to your account for failure to make timely payments by the due date shown on your monthly statements.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 8:

Plaintiff has not produced any Agreement sufficiently identified as being associated in any manner with the Defendant, such as the Defendant’s signature or identifying information , therefore defendant cannot reasonably formulate a response. Based upon the foregoing, Defendant responds as follows: DENIED.

Please see Response to Request for Admissions NO. 1.

REQUEST FOR ADMISSIONS NO. 9:

Admit the Complaint and/or Affidavit correctly state the rate of interest you agreed to pay.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 9:

DENIED: Please see Response to Request for Admissions NO. 1 and NO. 8.

REQUEST FOR ADMISSIONS NO. 10:

Admit that Plaintiff is the original creditor or the assignee of the original creditor.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 10:

Defendant has not been presented with any documentation in writing to bear out the truth of the Plaintiff’s claim and therefore DENIES the same.

REQUEST FOR ADMISSIONS NO. 11:

Admit you have stopped making timely payments to the original creditor.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 11:

OBJECTION: This Request is duplicative and designed to harass the Defendant. Defendant maintains that after reasonable inquiry, the Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the Request and DENIES the same.

Also please see Response to Request for Admissions NO. 1 and NO. 8.

REQUEST FOR ADMISSIONS NO. 12:

Admit that you did not make all monthly minimum payments as reflected on your monthly statements.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 12:

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.

REQUEST FOR ADMISSIONS NO. 13:

Admit that you have understood from the time this account was opened that you are obligated and requited to repay all charges or cash advances.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 13:

DENIED: Please see Response to Request for Admissions NO. 12.

REQUEST FOR ADMISSIONS NO. 14:

Admit that each monthly statement specifically advised you of your right to dispute any error or charges on the monthly statement sent to you.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 14:

DENIED: Please see Response to Request for Admissions NO. 12.

REQUEST FOR ADMISSIONS NO. 15:

Admit you did not notify the original creditor in writing of any errors or unauthorized charges on the monthly statement sent to you.

RESPONSE TO REQUEST FOR ADMISSIONS NO. 15:

DENIED: Please see Response to Request for Admissions NO. 1 and NO. 8.

Edited by brttwill
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