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Response to Admissions and Interrogatories


brttwill
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Can i get some critique please. I sent discovery and they responded with answers that they do not have anything and of course they objected everything. And as you can see, they never even mentioned any names of OCs or JBS or account numbers in their request for admissions. By the way, its a JBD not the OC. Shows on my credit report the account was sold not assigned. Thanks

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.

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Suggested changes:

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.

OBJECTION Conclusory, speculative, and beyond the bounds of permissible discovery as no agreement establishing the basis for late payments was appended to the request. Additionally, "statements" are after the fact and do not constitute an agreement. Also, calls for a speculative, privileged conclusion as to the thoughts and impressions of counsel, which defendant is pro se and therefore entitled to the attorney client privilege.

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

OBJECTION The information sought is assumedly already known to the plaintiff through its business records. Additionally, the request is nonsensical and self explanatory. Certainly plaintiff would not have brought suit against a defendant they thought defendant had made required payments. The burden of proof thereof resides with plaintiff, not defendant. Defendant denies any such allegations contained in the request.

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.

OBJECTION Calls for a legal conclusion and impressions of counsel, who is pro se. What defendat "understood" is irrelavant, privileged, and beyond the bounds of permissible dicovery.

Edited by legaleagle
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