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My Global Acceptance Credit Company Case


Merk
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I was told I should make separate thread for my cases to ask for assistance. I just made another similar post and I'm sure some of the responses are kinda canned. Now this company didn't really send anything, no statements or anything. So I'm looking for good responses to these requests which I'm sure are usually standard.I'm sure there is a thread around here but I read one then another and don't know where to start. I'm also looking for examples or a link to good examples of discovery to send to these junk debt buyers. Thanks

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Interrogatories

1. Give the names, addresses and telephone numbers of each person known to the defendant or counsel to be witnesses concerning the facts of this case, indicate whether or not written or recorded statements have been taken from each witness, indicate who has possession of such statements, and give a summary of each witness' anticipated testimony , which shall be sufficient to apprise the opposing party of the facts to be presented by each witness.

2. set forth a list of all documents, photographs, plats, sketches, or any other prepared documents in your possession which relate to any claim or defense in this case.

3. list the names and addresses of any expert witnesses whom the party proposes to use as a witness at trial of the case, the qualifications of any such expert, and a summary of the anticipated testimony.

4. If applicable , give the date or dates that you applied for disability benefits.

Requests for admissions

1. You maintained a credit account with Chase Bank

2. your use of the account was contingent upon your assent with the terms and conditions of the credit agreement

3. you did use or authorize the use of your account to purchase goods, services and/or cash advances

4. you received periodic statements of account from chase bank

5. you made payments to your account through blah blah month date, 2008

6. You failed to make timely payments and otherwise defaulted on your agreement.

7. there are no unauthorized charges for which you have not been given credit

8. there are no payments for which you have not been given credit

9. there was an unpaid balance on your account as of May 2009 in the amount of 4 thousand and some change.

requests for documents

1. produce any and all documents in your possession related to or concerning you chase account number ****************

2. produce any and all documents identified in your Answer and response to interrogatories

3. Produce any and all documents on which you intend to rely in the trial of this case

4. Produce any and all documents, canceled checks, receipts, or other documentary evidence of payments to your account.

5. If applicable , produce any and all documents relating to your claim for disability benefits.

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When asking for names of ANYone they're bringing as a witness, I would definitely put in the phrase "personal knowledge". AZ ROE 602 (i.e. Arizona Rules of Evidence) covers witnesses lacking personal knowledge. AZ ROE 802 addresses "Hearsay". If you are not in Arizona definitely look up the rules of evidence for the level (i.e. supreme, district, etc...) of court you're in. For example, if you're in California, google something like: "california rules of civil procedure" or "california rules of evidence". Though the two I stated above are two of the most important. I would also highly recommend sticking to "their" claims, when it comes to requesting interrogatories and admissions and be as specific as possible. Example:

Please provide the name, address and contact information of any representatives at Chase bank who is or was personal involved with the maintenance of the alleged account.

There is just so much to learn, however do not let that discourage you, if you have the desire, you will find a way to make it happen, it's that simple. Instead of going into a bunch of detail (because I don't know anything about your case), I will recommend some sources that have helped me along the way and since I can't post links (because I'm a newbie, I suppose) Google the following phrases (within the quotes):

"How to Defend a Credit Card Case" (Written by a Texas attorney) - Awesome resource

"What Lies in Your Debt" - Excellent Pay site...however they have weekly calls for free, very helpful.

"Ultimate Weapon Against the Collection Agencies" - It will be under the credit info center. Awesome General Info, covers several key areas of the collection and lawsuit process

Cornell Law - Don't know if there's a better free resource on Federal law (if you have a Federal suit):

Study the rules of civil procedure and evidence, that cannot be emphasized enough...as most of the cases violate rules of evidence 602, 802 and Rules of civil procedure (I believe) 17, which calls for a real party in interest, which will require them to provide proof they own the debt. The ones I gave you are some of the most frequently violated ones. You don't have to know every single one...however it is good to be familiar with them...but focus on the ones they're most likely to violate, because any violations with rules, whether they be evidence, civil procedure or court can get that case thrown out in a heart beat. And if you're in a local court with a crooked judge I'm pretty sure all violations of court (including procedure and evidence) automatically make the case appealable. :-)

That should keep you busy for a while...good luck with your suit. And by the way I am not an attorney and this is not legal advice. Just sharing educational resources and personal (not professional) experience. Though I'm sure you'll find value in the info I just provided you. ;-) Now go kick their lying, theiving butts! lol...

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You want to deny everything you can. Remember that if they did not provide a full account number, you have no way to know if they are suing you for the right account and should deny. You have no way to know if the amount is correct, so deny. The purpose of these is to have you as a Pro Se forget to answer in a timely manner and have them deem admitted, then it is a slam dunk Summary Judgement. If you answer, you deny them that chance.

If you denied properly in your answer, then you can also object to a lot of these based on being improper since you already denied the existance of the account.

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I was told I should make separate thread for my cases to ask for assistance. I just made another similar post and I'm sure some of the responses are kinda canned. Now this company didn't really send anything, no statements or anything. So I'm looking for good responses to these requests which I'm sure are usually standard. I'm sure there is a thread around here but I read one then another and don't know where to start. I'm also looking for examples or a link to good examples of discovery to send to these junk debt buyers. Thanks

----------------

Interrogatories

1. Give the names, addresses and telephone numbers of each person known to the defendant or counsel to be witnesses concerning the facts of this case, indicate whether or not written or recorded statements have been taken from each witness, indicate who has possession of such statements, and give a summary of each witness' anticipated testimony , which shall be sufficient to apprise the opposing party of the facts to be presented by each witness.

OBJECTION Identity of witnesses will be disclosed at the proper time. Since these are not "expert" witnesses, the content of their testimony is unknown at this time. The remainder of the request is improper to the extent that it constitutes a request for documents and calls for impressions of counsel, which are privileged.

2. set forth a list of all documents, photographs, plats, sketches, or any other prepared documents in your possession which relate to any claim or defense in this case.

OBJECTION Improper, this is a request for documents, not an interrogatory.

3. list the names and addresses of any expert witnesses whom the party proposes to use as a witness at trial of the case, the qualifications of any such expert, and a summary of the anticipated testimony.

OBJECTION Lacks any basis in law. Expert witnesses are not required in this type of action. This is not a malpractice case.

4. If applicable, give the date or dates that you applied for disability benefits.

Not applicable. (unless you did, then give it to them)

Requests for admissions

1. You maintained a credit account with Chase Bank

DENIED No information concerning the establishment of any such account has been appended hereto, therefore defendant cannot formulate a response

2. your use of the account was contingent upon your assent with the terms and conditions of the credit agreement

OBJECTION Improper, no ""agreement" was appended hereto. Defendant cannot formulate a response without said documents.

3. you did use or authorize the use of your account to purchase goods, services and/or cash advances

OBJECTION The request is poorly drafted and lacks foundation. It assumes facts not in evidence, specifically that the "account" was even established. It is formatted as an interrogatory, not a request for an admission.

4. you received periodic statements of account from chase bank

OBJECTION No such "statements" were appended hereto, therefore defendant cannot formulate a response. Additionally, the request is beyond the bounds of permissible discovery, as the information sought is assumedly already known to plaintiff.

5. you made payments to your account through blah blah month date, 2008

OBJECTION The request is beyond the bounds of permissible discovery, as the information sought is assumedly already known to plaintiff.

6. You failed to make timely payments and otherwise defaulted on your agreement.

OBJECTION The request is beyond the bounds of permissible discovery, as the information sought is assumedly already known to plaintiff. Additionally, calls for a legal conclusion connected to default. Additionally, the "agreement" was not appended hereto.

7. there are no unauthorized charges for which you have not been given credit

OBJECTION Vague, confusing, nonsensical, and poorly drafted. The request has no factual basis and makes no sense whatsoever. The subject terminology is not defined and is contradictory. Credit is given for payments, not charges. The plaintiff clearly does not understand how to conduct discovery.

8. there are no payments for which you have not been given credit

OBJECTION No statements or payment information connected to the "account" were appended hereto. Also, the request is beyond the bounds of permissible discovery, as the information sought is assumedly already known to plaintiff.

9. there was an unpaid balance on your account as of May 2009 in the amount of 4 thousand and some change.

OBJECTION Calls for a legal conclusion connected to liability, which is best left to the trier of fact.

requests for documents

1. produce any and all documents in your possession related to or concerning you chase account number ****************

Defendant has no such documents.

2. produce any and all documents identified in your Answer and response to interrogatories

No such dosuments were referenced. Defendant has no such documents.

3. Produce any and all documents on which you intend to rely in the trial of this case

Defendant has no such documents, pending the completion of discovery served upon the plaintiff.

4. Produce any and all documents, canceled checks, receipts, or other documentary evidence of payments to your account.

OBJECTION Lacks foundation, assumes facts not in evidence, specifically that there were "payments" made to the subject account. Also, the request is beyond the bounds of permissible discovery, as the information sought is assumedly already known to plaintiff.

5. If applicable , produce any and all documents relating to your claim for disability benefits.

Up to you, I do not know this

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I can tell that this discovery was written up by some paralegal who doesn't know what they are doing. It is completely improper and beyond the bounds of permissible discovery. The format is wrong, the requests are either improper or poorly drafted, and constitute a complete waste of time for you to have to respond to them. I would request sanctions from the court if I received something this bad. Seek other opinions, then do as you will.

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  • 4 weeks later...

Ok i had been putting more time into my other case because it was first. I didn't notice you had responded to this one legaleagle. Thanks to Kent and Got2bfree as well!

legal do you still recommend sticking with interrogatory response 2, since it is asking for a list and not the actual docs? Kinda like what was alluded to in my other thread. This may be splitting hairs but all of this is splitting hairs to me!

#5 of requests for docs would be "I have non at this time...etc" I have nothing to do with disability or claims thereof,etc.

Again thanks so much for your time, everyone! Greatly appreciated. :)++

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legal do you still recommend sticking with interrogatory response 2, since it is asking for a list and not the actual docs? Kinda like what was alluded to in my other thread. This may be splitting hairs but all of this is splitting hairs to me!

It isn't splitting hairs, you're right. Asking to list or identify certain documents does not constitute a request to produce them.

If you haven't yet identified any documents you intend to rely upon, then respond by saying you haven't yet identified any documents you intend to rely upon. You'll update the interrogatory when that time comes.

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I would object as being irrelevant. What does any disability have to do with whether you owe a debt or not?

Well I was going to say that I think that there would be some legal reason or something that would affect the ability of paying back a debt, but I guess this could be a trick for someone to probably mistakingly admit to the debt in some kind of way. Hmmm.... Yes perhaps I shall object anyways....??

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Merk, didn't you invoke "disability" as a defense (or was that someone else)?

If you did, the other side is entitled to discover information relevant to claims or defenses. Since you opened the door, you have to let them in.

Or, you can withdraw the defense, thereby making inquries into it irrelevant.

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Merk, didn't you invoke "disability" as a defense (or was that someone else)?

If you did, the other side is entitled to discover information relevant to claims or defenses. Since you opened the door, you have to let them in.

Or, you can withdraw the defense, thereby making inquries into it irrelevant.

Nah it wasn't me. I've never came close to any disability. Sprained my knee once in football about 14 years ago but that's about it.:mrgreen:

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Regarding the admissions, I would simply deny. This is from the SC RCPs regarding responses to Admissions:

"The party who has requested the admissions may move to determine the sufficiency of the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served."

2. Denied. Defendant has denied knowledge of the alleged account. In addition, no agreement was attached to the Complaint.

3. Denied.

4. Denied.

5 - 9. Denied. Defendant has denied knowledge of the alleged account. Plaintiff's request is improper.

10. Denied.

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I'm sending these off today. I went with the general denials in the admissions. If I had more experience,etc. I would try to go for sanctions. I think it would just be more work for you helpful folks! I'm not sending these off until later afternoon so chime in if you think of anything important or otherwise noteable. I will check back before I mail off. Thanks

Edited by Merk
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  • 2 months later...

Ok so here's where I am with this case. Same place kinda for those helping me on my other: I sent in my answer to admissions, etc, late, about a month late, due to being out of town, travel, and being slack. I'm just now sending in my requests, but trying nontheless. Now Global didn't send anything with their complaint except an affidavit It even looked crappy. But anyways, it read:

Affidavit

Joe Doe, being duly sworn, deposes and says:

1. I am the executive vice president of Global Acceptance Credit Company, l.p. which is a partnership organized and existing under the laws of the state of texas.

2. I have a knowledge of the facts herein set forth and am duly authorized to make this affidavit; that the claim against (my name) is within my knowledge and is just, true and correct and that all just and lawful offsets, payments and credits have been allowed.

3. There is now due plaintiff from said debtor the sum of 4thousand and some change plus interest and other fees as allowed by law an/or agreement

4. to the best of my knowledge the defendant is not now in the military service, as defined in the soldiers and sailors civil relief act of 1940 with amendments, nor has been in such service within thirty days hereof.

5. Demand for payment was made on the debtor more than thirty days prior to making of this affidavit, for the amount due on the account; such has not been paid by the debtor.

signed - affiant (joe doe's signature)

Notary Public stamp

------------------------------------------------

The answers i sent in response to the requests mentioned earlier in this thread are as follows, as recommended by bv and legal as we can see above, at the time:

Interrogatories

1. OBJECTION. Identity of witnesses will be disclosed at the proper time. Since these are not "expert" witnesses, the content of their testimony is unknown at this time. The remainder of the request is improper to the extent that it constitutes a request for documents and calls for impressions of counsel, which are privileged.

2. OBJECTION. Improper, this is a request for documents, not an interrogatory..

3. OBJECTION Lacks any basis in law. Expert witnesses are not required in this type of action. This is not a malpractice case.

4. Not Applicable.

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Requests for production of documents

1. Defendant has no such documents..

2. No such documents were referenced. Defendant has no such documents

3. Defendant has no such documents, pending the completion of discovery served upon the plaintiff.

4. OBJECTION. Lacks foundation, assumes facts not in evidence, specifically that there were "payments" made to the subject account. Also, the request is beyond the bounds of permissible discovery, as the information sought is assumedly already known to plaintiff.

5. Not applicable.

Requests for admissions

1. DENIED. No information concerning the establishment of any such account has been appended hereto, therefore defendant cannot formulate a response

2. Denied. Defendant has denied knowledge of the alleged account. In addition, no agreement was attached to the Complaint.

3. Denied.

4. Denied.

5. Denied. Defendant has denied knowledge of the alleged account. Plaintiff's request is improper.

6. Denied. Defendant has denied knowledge of the alleged account. Plaintiff's request is improper.

7. Denied. Defendant has denied knowledge of the alleged account. Plaintiff's request is improper.

8. Denied. Defendant has denied knowledge of the alleged account. Plaintiff's request is improper.

9. Denied. Defendant has denied knowledge of the alleged account. Plaintiff's request is improper.

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Now I haven't heard a peep out of them since I sent this, which was about Jan.

I'm wondering if there strategy will be to wait until possible trial, and then try to move that my answers were admitted since they were late. So I'm wondering if I should make some sort of "move" or otherwise, to clean that up or to have them deemed answered on time "post facto" ...etc. ??? Any ideas on that? Again, they didn't even send any statements, no nothing else.

Otherwise, should my discovery requests be about the same as my other thread here: http://www.creditinfocenter.com/forums/there-lawyer-house/310697-claiming-additional-affirmative-defenses-3.html

Edited by Merk
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It's not unusual for some attorneys to take their time and move slowly. Have you sent your own discovery requests?

No I sure haven't. Same boat as my other thread but I should get them out Monday come hell or high water.

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Well I went and observed for a few days. have my motion hearing wednesday and will file and send off these to global. Planning to use no rogs, or admission, just production of documents. With hopes that affidavit will be defeated as hearsay if we make it that far, per a few others recommendations...not showing what I'm thinking so to speak by not asking for specifics about the legitimacy of the present affidavit and who signed it.

doc requests:

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitimacy of the balance sought.

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

13. A copy of a bill of sale or assignment from Chase Bank USA to Plaintiff.

14. Copies of any other documents Plaintiff intends to produce at a hearing in this matter.

Edited by Merk
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I might add:

Copies of all documents Plaintiff intends to present at a hearing on this matter. (I don't like surprises)

Did they provide a bill of sale? If not, I would also request a copy of a bill of sale or assignment from _____________(OC) to Plaintiff.

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I might add:

Copies of all documents Plaintiff intends to present at a hearing on this matter. (I don't like surprises)

Did they provide a bill of sale? If not, I would also request a copy of a bill of sale or assignment from _____________(OC) to Plaintiff.

I think #13 covers that first suggestion? I think I added it to legal egles other suggestions after you mentioned it in my other thread. And No bill of sale, just a shltty looking affidavit. I will ask for the bill of sale also. Just edited the above post. How does that look?

Edited by Merk
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