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My Proposed Request for Admissions to Debt Collector


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What do you think about my proposed request for admission to the debt collector suing me?

1. Admit Plaintiff is a debt collector according to the definition under the Fair Debt Collection Practices Act (FDCPA).

2. Admit Plaintiff purchases portfolios of defaulted debts in the regular course of business.

3. Admit Plaintiff purchases defaulted debts for a small percentage of the original balances.

4. Admit Plaintiff is not the original creditor of the alleged debt claimed in the complaint.

5. Admit that Plaintiff is unable to produce proof of ownership of the alleged debt from account number xxxxxxxxx.

6. Admit Plaintiff does not have a signed agreement between the alleged original creditor and the Defendant.

7. Admit that Plaintiff has not provided Defendant with proof of assignment.

8. Admit that as of the date Plaintiff filed the complaint, Plaintiff had no evidence admissible at trial that proves Defendant owes the alleged debt.

9. Admit Plaintiff does not have an agreement with the Defendant.

10. Admit Plaintiff has never exchanged goods, services, and/or money with the Defendant.

11. Admit Plaintiff does not have statements showing all alleged charges, payments, and fees which account for the amount being claimed in the Complaint.

12. Admit Plaintiff cannot provide proof of the alleged last payment paid to the alleged account.

13. Admit that Plaintiff does not maintain procedures reasonably adapted to insure that validation of alleged debts are provided upon the request of the consumer.

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Additionally, i will also submit form interrogatories....#17

17.0 Responses to Request for Admissions

17.1 is your response to each request for admission served with these interrogatories an unqualified admission? if not, for each response that is not an unqualified admission:

(a) state the number of the request;

(B) state all facts upon which you base your response;

© state the names, addresses, and telephone numbers of all persons who have knowledge of those facts; and

(d) identify all documents and other tangible things that support your response and state the name, address, and telephone number of the person who has each document or thing.

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What do you think about my proposed request for admission to the debt collector suing me?

1. Admit Plaintiff is a debt collector according to the definition under the Fair Debt Collection Practices Act (FDCPA).

Do you have any counterclaims against them? If not, what do you intend to prove here? If I were a debt collector collecting a legitimate debt and had to respond to this when there were no claims made against me, I would simply admit while wanting to respond "Admitted, your point?"

2. Admit Plaintiff purchases portfolios of defaulted debts in the regular course of business.

IMO, a good one, but you need to know where you are going with it. "They purchase debts and therefore are evil" is not where you want to go. "They purchase accounts and therefore have no personal knowledge over the creation of the alleged debt" is.

3. Admit Plaintiff purchases defaulted debts for a small percentage of the original balances.

Unless they have listed something like unjust enrichment as a cause of action: "Objection, irrelevant."

4. Admit Plaintiff is not the original creditor of the alleged debt claimed in the complaint.

Excellent. See #2.

5. Admit that Plaintiff is unable to produce proof of ownership of the alleged debt from account number xxxxxxxxx.

Response: DENIED. Now then, you can have fun proving that DENIED there boys!

6. Admit Plaintiff does not have a signed agreement between the alleged original creditor and the Defendant.

A smart JDB attorney: Admitted. Use of the card constitutes acceptance of the terms of the card.

7. Admit that Plaintiff has not provided Defendant with proof of assignment.

DENIED. We showed you this really official looking bill of sale. Believe us, we proved it.

8. Admit that as of the date Plaintiff filed the complaint, Plaintiff had no evidence admissible at trial that proves Defendant owes the alleged debt.

DENIED. See #7 and some other hearsay that is in writing and therefore is not hearsay.

9. Admit Plaintiff does not have an agreement with the Defendant.

DENIED. Cardholder agreement allows for the assignment or transfer of accounts without the Defendant's permission or knowledge. See bill of sale.

10. Admit Plaintiff has never exchanged goods, services, and/or money with the Defendant.

I'd love to see them deny that one.

11. Admit Plaintiff does not have statements showing all alleged charges, payments, and fees which account for the amount being claimed in the Complaint.

Expect them to either reference a couple of statements that are hearsay, or make some bogus objection.

12. Admit Plaintiff cannot provide proof of the alleged last payment paid to the alleged account.

They'll probably deny. Then fail to provide said proof.

13. Admit that Plaintiff does not maintain procedures reasonably adapted to insure that validation of alleged debts are provided upon the request of the consumer.

Again, do you have any counterclaims filed against them? If not, you'll get an "Objection, irrelevant," and that objection will be legit.

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I'd personally keep 2 & 4 too. I'd probably keep 3 just in case they were dumb enough to answer it. They probably won't be, but you don't have to push that one.

The first two that first timer posted look good to me. Anything regarding the origination of the records might be helpful. "ADMIT: Plaintiff did not originate any records regarding the creation of the alleged debt" for example.

I'd also be all over any records referenced in the complaint or any affidavits filed with the complaint. If they mention it, it's fair game, IMO.

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