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Need help with admissions and genuinness before 12/7/11


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Hey there,

I need assistance with a request for admission questions and genuinness of docs. I really need help right away as I never received the requests for admission from the Plaintiff (collection agency) until they served me with a motion to have them admitted in court for non response on Dec. 7th, 2011. I plan to send my responses today before the hearing. Attached to the request for admissions was an unsigned "promissory note" and a purported "transaction history" listing my name and dates of alleged payments. The admissions questions are:

1. Admit that you applied for a loan from [ORIGINAL CREDITOR] now bearing account number xxx

2. Admit that you received a loan from [ORIGINAL CREDITOR]now bearing account number xxx

3. Admit that you made payments on [ORIGINAL CREDITOR] Loan now bearing account number xxx within the last four years

4. Admit that you received statements regarding the [ORIGINAL CREDITOR] Loan now bearing account number xxx

5. Admit that the balance due and owed by you on the [ORIGINAL CREDITOR] Loan now bearing account number xxx as of October 31, 2009 was $x, xxx.

6. Admit that you became delinquent in the payments due on the [ORIGINAL CREDITOR] loan now bearing account number xxx.

7. Admit that you left a blance due and owning on [ORIGINAL CREDITOR] loan now bearing account number xxx.

8. Admit that at all relevant times, plaintiff has had and now has all rights, title, interest and sole ownership to [ORIGINAL CREDITOR] Loan now bearing account number xxx.

Thank you.

Edited by debtlibre
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I think he's running 2 threads on this, very confusing

I did post this question in an area under another post where I thought was appropriate but I understand now I should have started another thread which is why you see it here. I would be happy to delete the question in the other area, however, I don't know how.

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I think we need more facts, like what was in the original complaint and how you answered it.

Ok. In their original complaint they claim the following:

Plaintiff alleges:

1. each named defendant (including Doe's) is a natural person

2. Doe's 1 thru 5 are sued under ficticious names

3. defendant was agent acting within course and scope of authority

4. this is the proper court for this action

5. Lender refers to [ORIGINAL CREDITOR]

6. Plaintiff is LLC in Ca

7. prior to action, plaintiff acquired all rights title and interest and is legal owner and holder

Causes of Action

1. Breech of Agreement

entered written agreement;

lender loaned a sum bearing acct numbXXX

defendant promised to pay loan, interest and fees

plaintiff (who is the coll agency) suffered damages from breach

plaintiff seeks attorney fees

2. Common Counts

defendant became indebted to lender in last 4 yrs

amount prayed for remains due

3. Prayer

damages of amount left due and owing with interest from 10-31-09 according to proof

attorney fees

costs of suit and relief as fair, just and equitable

My Answer to complaint (each number below corresponds to numbered allegations above)

Regarding Plaintiff's allegations:

1. Denies except admits self as natural person

2. denies Doe"s 1 thru 5 are sued under ficticious names

3. Denies as calls for admission of matter defendant denies and thus improper

4. Denies-lacks knowedge about the truth and it calls for admission of matter defendent denies and is improper

5. denies-vague and ambiguious in that defendant has to speculate to meaniing of original creditor and because no valid evidence presented that debt alleged is any account owed by defendant

6. denies-lacks knowledge about truth

7. denies-no evidence that account alleged was assigned or purchased and that there was valid auth for plaintiff to collect on said debt

8. denies-calls for admission of action/mtter defendant denied and is improper

ANSWERS TO CAUSES OF ACTION

1. Breach of agreement-without knowledge or info to form belief as to truth and generally and specifically denies each and every allegation and leaves plaintiff to provide proof.

2 Common counts-I answered the same as above

AFFIRMATIVE DEFENSES

Failure to state a claim

statute of frauds-purported contract falls within class of contracts required to be signed in writing. No signed contract provided; plaintiff alleges it acquired rights to claim and alleges damages however defendant never entered into agreement with plaintiff wherein it is binding to pay plaintiff

Failure of consideration-ea and every cause of action and allegation are barred as there has never been any exchange of money or item of value between plaintiff and defendant

Lack of Privity-defendant never entered into any contractural relationship or debtor/creditor arrangement with plaintiff

Barred from seeking relief-plaintiff alleges it suffered damages; plaintiff admits to acquiring the defaulted debt allegedly owed by defendant, causing plaintiff's injury to its own self.

Plaintiff Not an Assignee-no evidence appears in the record to support any related assumptions

Failure to allege valid assignment-there are no aversements as to the nature of the purported assignment or evidence of valuable consideration

Failure to allege partial or complete assignment-no evidence that the purported assignment is bona fide

Failure to allege Assignor's Knowlege of assignment-record does not disclose this info and it cannot be assumed without creating prejudice against defendant.

Unclean hands-acted in dishones or fraudulent manner with respect to the dispute at issue in that it misrepresented the amount and legal status of the debt and falsified transaction history.

Usury-demands for interest are usurious and violate state and federal laws

unlawful attorney fees-contract does not bear the signature of the defendant wherein such a provision was agreed to and no law otherwise allowing them

no fiduciary duty

unjust enrichment-granting plaintiff's demand would be unjust enrichment as they would receive money not entitled to receive

Equitable estoppel-court will not grant a judgement or relief to a party who has acted unfairly by false representations or concealing material facts

Reservation of right to assert or delete affirmative defenses or counterclaims

Accord and satisfaction-plaintiff alleges it acquired the debt from OC. because the original creditor accepted payment from a thrid party (plaintiff) this renders the debt satisfied and legally uncollectable by any subsequent assignees.

REQUEST FOR RELIEF

Find no cuase of action and dismiss plaintiff's complaint in entirety with prejudice and award defendant court costs and other nec and proper relief.

I submitted counterclaims as well with request for damages.

Failure to validate debt

Failure to cease debt collection

False representation-making or dissemenating untrue or misleading statments; misrepresenting legal status and amount of debt

Unlawful attorney fees and unlawful interest

usurious interest

Thank you.

Edited by debtlibre
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Weren't you the one who was going to file the affidavit that you never received the requests?

Sorry, but I found out that I should have posted a separate thread rather than posting one of my questions in someone elses discussion which is why you see this question here.

Yes. I didn't receive them until they were sent with the motion they sent for the hearing. I filed the affidavit, but am working on the responses to admissions.

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