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Recently recievied a summons by LVNV funding llc. WWR are representing them.. Not sure if i should deny all questions or admit.

  1. THe Plaintiff is the owner of the within credit card account through Purchase.
  2. By use of the account, the defendent became bound by the terms in the credit card agreement. A copy of the statment is attached as Exhibit a.
  3. The defendant defaulted under the terms of the agreement.
  4. THe amount now due and owing is $ffffff.o0
  5. Although demand has been made upon the defendent to liguidate the balance due and owing, the defendent failed to do so.

THey attached a Account summary.

Current owner LVNV Funding llc

original creditor citibank\sears

previous owner citibank

statement closing date: 9/29/2011

Lvnv purchase date 3/18/2010

account originattion date 03/02/2000

last payment date..9/1/2009

Also sent a credit card statement..

also sent a pre-approved accepteance certificate

with my signature...from 3/17/00

credit report shows

lvnv funding llc

account type: debt purchase

balance:14000

past due:14000

date opened:3/1/2010

account status:closed

payment status: seriously past due, assignment to attorny bla,bla bla

should i admit all claims or some of them or call wwr and try to settle...so confused. will i have a better chance with a judge or wwr.

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1. Who is the named plaintiff in the suit?

lvnv funding llc

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

weltman weinberg & reis co l.p.a

3. How much are you being sued for?

13273.37 and intrest of 989.00 at the rate of 3%

4. Who is the original creditor? (if not the Plaintiff)

citibank/sears

5. How do you know you are being sued? (You were served, right?)

server

6. How were you served? (Mail, In person, Notice on door)

certified mail

7. Was the service legal as required by your state?

not sure

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

vod

9. What state and county do you live in?

ohio

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

9/1/09

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

summons to answer

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

no

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

yes

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

on monday.. first post describes this

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

in my first post

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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You must answer the Complaint, or LVNV can file a motion for default judgment.

Here's my suggestions for you Answers:

1. Denied. No evidence has been provided to support Plaintiff's allegation.

2. Defendant has insufficient information to admit or deny and, therefore, must deny. No copy of the referenced credit card agreement was attached to the Complaint.

3. Same as #2.

4. Denied. Defendant denies owing any amount to Plaintiff.

5. Did LVNV ever contact you? If so, I might state:

Admitted. Defendant admits receiving a collection notice from Plaintiff and that the amount requested has not been paid to Plaintiff.

Admitting you received a collection notice and haven't paid doesn't mean you admit to owing the debt. It simply means you got a letter from them.

Read your court's Rules of Civil Procedure. They'll have the information you need to format your answer. You should also read the section regarding the discovery process.

When you sent your DV was it within the 30 days after their first contact with you? Did they respond?

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thanks for your help..

yes they did.. they sent me a cover letter saying that they are a debt collector attempting to collect a debt. with the amount due.. and also a pre-approved acceptance certificate with my signature.. They also sent a set of account statement print offs..from 09 with some payments and purchases..

is it still a good idea to answer the summons or call and set up payments. or do they have a lot to prove in court.. with the documents be hersay..

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thanks for your help..

yes they did.. they sent me a cover letter saying that they are a debt collector attempting to collect a debt. with the amount due.. and also a pre-approved acceptance certificate with my signature.. They also sent a set of account statement print offs..from 09 with some payments and purchases..

is it still a good idea to answer the summons or call and set up payments. or do they have a lot to prove in court.. with the documents be hersay..

They haven't even provided a bill of sale from the OC to LVNV. There's no proof they purchased the account. It's something you could request if your court allows discovery requests. Who knows if they have it or not? The vast majority of the time, a JDB's bill of sale won't say which accounts they bought. It'll only show that they bought some accounts from the OC, and nothing else. They usually don't reference the defendant's name or account number. In other words, the JDB can't prove they bought your specific account. Once in a blue moon they can, but it's not often.

Yes, they're documents are hearsay. It appears they haven't provided an affidavit attesting that the cc statements are true and correct copies. Even if they did, you can make the case that LVNV can't authenticate documents they didn't create.

Read your court's Rules of Evidence regarding business records, hearsay, and self authentication. Sometimes a JDB will dismiss simply because you've shown you're not going to give in. Other times, they'll fight, as well.

Whether or not you decide to fight is up to you. You have to be willing to research, follow your rules of civil procedure, and prepare your documents. I, personally, would never settle with a JDB without a fight.

You have to do what's best for you.

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Failure to state a claim is frequently raised as a defense in civil litigation. This defense asserts that, assuming all the allegations in the plaintiff's complaint are true, the complaint nevertheless does not establish a cause of action.

The fact or combination of facts that gives a person the right to seek judicial redress or relief against another. Also, the legal theory forming the basis of a lawsuit.

The cause of action is the heart of the complaint, which is the pleading that initiates a lawsuit. Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief. All the elements of each cause of action must be detailed in the complaint. The claims must be supported by the facts, the law, and a conclusion that flows from the application of the law to those facts.

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Summons Answered.. What to do next? Faxed Plaintiff and Court.

Did you read your court rules to make sure you did everything you were supposed to do? I don't know if all courts allow one to fax an Answer to a Complaint.

Also, you have to send a copy to the attorney for the Plaintiff. You might have to include a certificate of service.

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yes i called the court and they said i could fax a hand written answer to the complaint. but i typed it. including the case number and my answers. Same thing for the Plaintiff. I signed it and dated it before it was faxed. Cross my fingers and wait to see what will happen. What should i prepare for in the mean time? I have also been checking previous cases in my are related to LVNV.. Almost alot of the case say CERTIFICATE OF JUDGMENT FOR LIEN FILED. Does that mean the D E F E N D A N T didn't show up.

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Since the OC is Citi, check my posts. I suggest sending them these requests for documents:

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 legitemacy 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."

It does appear that they have something you signed, depends on what it is. May hurt, may not. Best way to fight a JDB is to give them the same defense you would give the OC. Most of them won't have a clue as to where you are going with this. Without the written agreement required by South Dakota law, Citibank cannot charge more than 15% interest. Betcha LVNV never even heard of the SD statutes that apply.

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yes i called the court and they said i could fax a hand written answer to the complaint. but i typed it. including the case number and my answers. Same thing for the Plaintiff. I signed it and dated it before it was faxed. Cross my fingers and wait to see what will happen. What should i prepare for in the mean time? I have also been checking previous cases in my are related to LVNV.. Almost alot of the case say CERTIFICATE OF JUDGMENT FOR LIEN FILED. Does that mean the D E F E N D A N T didn't show up.

It simply means that the Plaintiff got a judgment. It could have been a default judgment or the Defendant defended himself, but lost.

Read your court's Rules of Civil Procedure regarding discovery. If you're allowed to send discovery requests, you can send Legal's list. I'd suggest adding 2 requests:

Copies of all documents evidencing a valid assignment from Citibank to Plaintiff, LVNV.

Copies of all documents Plaintiff intends produce at a hearing on this matter.

Just an added note: If, at some point, you don't want to fight anymore, you could still settle. The settlement amount might be higher than what you could settle for if you didn't fight at all, but you could still settle.

Some of these cases end up being very easy to win. The JDB just folds. In some cases, the JDB puts up a little fight, then gives in. In other cases, the JDB fights to the end.

If you're a fighter, do it. If you're not, you need to think about your options.

Edited by BV80
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When do i need to send in discovery requests? I'm thinking not until court date is set.. This is on the Courts web site under rules.. Looks like its during Pre-trial....?

(H) Pretrial Discovery.

The parties shall make reasonable efforts to complete documentary discovery by the time of the first pretrial conference. The court may disallow further discovery at the pretrial conference or set the case for trial without an additional pretrial conference although further discovery may be permitted.

(D) Attorney Preparation.

At pretrial conferences, attorneys for all parties should be prepared to:

(1)Freely discuss the factual and legal theories of the case;

(2)Discuss the necessity or desirability of amendments to any pleadings, or the filing of any additional pleadings;

(3)Discuss simplification of the issues;

(4)Make admissions as to the facts and the genuineness of documents and other exhibits which are not in dispute;

(5)Eliminate parties unnecessary to the case;

(6)Give the names of witnesses whom they intend to call and state the general nature of their testimony. If the court so orders, counsel shall not be permitted to call additional witnesses at the trial, except rebuttal witnesses, unless the names and addresses of said witnesses and the general nature of their testimony are furnished in writing to other counsel of record at least two (2) days before trial, or upon leave of court at the trial for good cause shown;

(7)Give the number and nature of exhibits to be introduced and, if required by the court, produce the exhibits for examination by the court or parties;

(8)Furnish an itemized list of special damages and expenses, and a full description of the nature of any injuries for which compensation is claimed;

(9)Give the names, addresses and specialties of any anticipated expert witnesses;

(10)Exchange reports of any expert witnesses expected to be called by the parties;

(11)Exchange medical reports and hospital records;

(12)Discuss limitations on the number of expert witnesses;

(13)Produce information relative to insurance agreements, in accordance with Civ. R. 26(B)(2);

(14)Discuss the necessity of supplementing interrogatory answers or other previous discovery;

(15)Discuss procedures and time limitations for the completion of any further anticipated discovery;

(16)Discuss whether a view of the premises is appropriate or necessary;

(17)Discuss the possibility of consolidation of cases for trial;

(18)Consider the possibility of separation of issues (if any) for determination by or to the court, or to the jury, and separate determination of the issues of liability and damages;

(19)Submit and consider authorities on unique or controverted issues, or guarantee their submittal at least two (2) working days prior to trial;

(20)Fully explore and be authorized to conclude settlement;

(21)Discuss any other matters that may expedite the trial or disposition of the case.

(E)Pre-Trial Statements.

All parties, prior to a scheduled pre-trial, shall file a pre-trial statement with the Court containing:

(1) a brief statement of the facts;

(2) issues of fact;

(3) issues of law;

(4) a list of witnesses;

(5) a list of exhibits;

(6)possible stipulations; and

(7)the status ofdiscovery.

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You do discovery now. These clowns will only have a bunch of hearsay, usually written by themselves. If you can ever get them to trial they will be left standing there with nothing. Problem is most make a procedural error or allow a JDB to get summary judgement. Don't fall into that category and you'll be fine.

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Is there a good template for starting my discovery. Do i file the discovery with the courts or send it to the Plantiff.

Do i add this in my discovery?

Make them prove that they have complied with Ohio law on taking assignment of debts:

Lawriter - ORC - 1319.12 Taking assignment of debts.

They have to reveal what they paid for the debt. .

Court assigned a judge how quick does this process usually take And should i have my discovery done before court date.

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Right, you have to change the header to "Defendant's First Requests for Production of Documents."

Delete the rest and then put "These requests for production may be responded to according to the Ohio Rules of Civil Procedure concerning discovery."

Then list the questions. Leave space beneath each one for a response if they want to object. At the bottom put your name and address like you see on the interrogatory template, sign it, mail it. No copy to the court.

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legaleagle the document u link to i'm a little unclear on what to use.. is looks like interrogatories not a request for discovery. i'm new to this so sorry if this is a stupid question..

Interrogatories are discovery requests. An interrogatory is something to which you want a specific answer, but your request is made in the form of a statement. It's a request for any answer they can write down. For instance:

State the date of last payment allegedly made on the alleged account.

You want them to provide a specific answer (the date).

A Request for Production of Documents is just that...a request for copies of documents. There's samples on these boards. One example:

Provide copies of all documents Plaintiff intends to present in a hearing on this matter..

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LVNV FUNDING LLC ) xxxx

)

Plaintiff )

)

vs. )

) COMBINED INTERROGATORIES,

xxxx ) REQUEST FOR ADMISSIONS, AND

) REQUEST FOR PRODUCTION OF

Defendant ) DOCUMENTS

Plaintiff hereby propounds to Defendant, xxxx, (hereinafter "you"), the following combined Interrogatories, Requests for Admissions, and Requests for Production of Documents pursuant to Rules 33, 34, and 36 of the Ohio Rules of Civil Procedure, and requests that you respond within twenty-eight (28) days of service of same. Documents requested to be produced are to be produced on xxx at the offices of Weltman, Weinberg & Reis Co., L.P.A., xxxx

DEFINITIONS AND INSTRUCTIONS

1. In responding, please provide all information available to you, however it was obtained, including hearsay, and any and all information in your actual or constructive possession or knowledge, or in the actual or constructive possession or knowledge of your attorneys, agents or representatives.

2. You are bound by the following duties in responding:

(a) To conduct a reasonable investigation in order to respond.

(B) To state objections in as specific a manner as possible.

© To seasonably withdraw, amend, or supplement a response if you obtain subsequent information which tends to indicate that the response was or became inaccurate or incomplete.

(d) If, after exercising due diligence to secure complete and full information, you are unable to provide a complete answer, (1) to provide an answer to the extent possible; (2) to set forth in detail the reason for your inability to complete the answer; (3) to state whatever information or knowledge you have concerning the portion which is unanswered; and (4) to specifically state what was done in an attempt to secure the unknown information.

3. If you encounter any ambiguity in either a request or an instruction, so state, and set forth the matter deemed ambiguous, and the construction chosen in responding.

4. The word document means any matter which is written, recorded, or graphic, including originals, copies of originals, and prior drafts, whether produced, reproduced or stored in any manner including paper, film, tapes, belts, disks, computer devices or any other information storage system available to you.

5. A request for a document, or which seeks information regarding the identification of, or information contained in a document, may be answered by providing a copy of the document.

6. All answers must be made separately and fully and an incomplete or evasive answer will be deemed a failure to answer.

INTERROGATORY

1. State your full name.

Answer:

INTERROGATORY

2. State any other names which you have used or been known by.

Answer:

INTERROGATORY

3. State your current residential address and telephone number.

Answer:

INTERROGATORY

4. State the period of time which you have lived at your current residential address.

Answer:

INTERROGATORY

5. (A) If you have resided at any other address during the past ten (10) years, state said previous residential address(es).

(B) State the period of time during which you lived at each previous address listed above.

Answer:

(A)

(B)

INTERROGATORY

6. State your date of birth.

Answer:

INTERROGATORY

7. State your social security number.

Answer:

INTERROGATORY

8. State the names and addresses of your present employer and all former employers for the past five (5) years. With request to each Answer, state your position and amount of salary.

Answer:

INTERROGATORY

9. State whether or not you have ever applied for the card and ACCT #, which is the subject matter of this lawsuit, and if so, give the date of said application.

Answer:

REQUEST FOR ADMISSION

10. Admit that you made application for the card and ACCOUNT #, which is the subject matter of this lawsuit.

Answer:

REQUEST FOR ADMISSION

11. Admit that you received the charge card and cardholder's agreement which are the subject matter of this lawsuit.

Answer:

INTERROGATORY

12. With respect to each charge card issued on the account which is the subject matter of this lawsuit, state whether or not you have destroyed the charge card(s) and give the date(s) of said destruction.

Answer:

INTERROGATORY

13. With respect to each charge card issued on the account which is the subject matter of this lawsuit, state whether or not you have returned the charge card(s) to the Plaintiff and give the date(s) of said return.

Answer:

INTERROGATORY

14. State the names of all persons authorized by you to make purchases on said account.

Answer:

REQUEST FOR ADMISSION

15. Admit that no unauthorized purchases were made on said account.

Answer:

INTERROGATORY

16. If your answer to the preceding Request for Admission is in the form of a denial, list the amounts and dates of each unauthorized purchase and give the date that you notified Plaintiff of said unauthorized purchase(s).

Answer:

REQUEST FOR ADMISSION

17. Admit that you received periodic statements of said account.

Answer:

REQUEST FOR PRODUCTION OF DOCUMENTS

18. You are hereby requested to produce, at the time and place set forth in the instructions, all written documents relative to the account in question currently in the possession of the Defendant(s) and/or agent. The term "written documents" includes, but is not limited to, letters, notes of telephone calls, or any other written correspondence.

Answer:

REQUEST FOR ADMISSION

19. Admit that the balance due and owing on the account, which is the subject matter of this lawsuit, is the amount set forth in Plaintiff's Complaint.

Answer:

INTERROGATORY

20. If your answer to the preceding Request for Admission is in the form of a denial, state the amount which you admit is currently due and owing on said account, and fully explain your reason(s) why this amount is due and owing instead of the amount set forth in Plaintiff's Complaint.

Answer:

REQUEST FOR PRODUCTION OF DOCUMENTS

21. You are hereby requested to produce, at the time and place set forth in the instructions, all application, charge cards, cardholder's agreement, charge slips, monthly statements and receipts for payments currently in the possession of Defendant(s) and/or agent relative to the account in question.

Answer:

REQUEST FOR ADMISSION

22. Admit that the payments required by the cardholder's agreement were not made in a timely manner.

Answer:

REQUEST FOR ADMISSION

23. Admit that the Plaintiff properly accelerated the time for payment of the entire balance due and owing on the account which is the subject matter of lawsuit.

Answer:

INTERROGATORY

24. State with particularity the basis of any denials stated in your Answer to Plaintiff's Complaint.

Answer:

INTERROGATORY

25. State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff's Complaint.

Answer:

REQUEST FOR ADMISSION

26. Admit that you have no valid affirmative defenses to Plaintiff's Complaint.

Answer:

WELTMAN, WEINBERG & REIS CO., L.P.A.

Not sure how to answer these? And should i send them a request for discovery and Interrogatories of my own.. im working on one as of right now. will post soon for some opinions.

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I posted a few years back on Ohio Appeals Court case law so submit in discovery this request:

Smile Interesting Appeals caselaw for Ohio dealing JDB's a hard blow

http://bulk.resource.org/courts.gov/...4-ohio-623.pdf

If this is what I interpret, The JDB has to prove up everything they claim is owed, not simply a statement from an affidavit. They have to prove a sum certain with ALL of the charges listed, interest applied, thing charged, etc. No JDB can do this!! Any records they have are of no probative use unless they can call in someone from the OC to testify and that is problematic. So if you are being sued, drop this bombshell.

http://www.creditinfocenter.com/forums/collections/294893-interesting-appeals-caselaw-ohio-dealing-jdbs-hard-blow.html

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Here's my suggestions for a few of the discovery requests:

1 - 8: Provide the information.

9 - 18: I'll defer to others.

19. Denied

20. Defendant asserts that he owes nothing to LVNV Funding. Plaintiff has not proven ownership of any account related to Defendant.

23. I'm not sure what they mean by "properly accelerated the time". Then they included "due and owing on the account." I'd just deny. You have no idea if they did anything properly, and there's nothing due and owing to them.

26. Denied.

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General Objection: Defendant objects to the haphazard, convoluted manner in which Plaintiff has randomly combined Interrogatories with Requests for Production and Requests for Admsiions. This shotgun approach is confusing and contrary to the rules of civil procedure concerning discovery. The three different types of Requests should be set forth in specific separate formats.

INTERROGATORY

1. State your full name.

Answer: Mel Gibson, or yours

INTERROGATORY

2. State any other names which you have used or been known by.

Answer: Lady Gaga, or none

INTERROGATORY

3. State your current residential address and telephone number.

Answer: Address and telephone number are already known to the Plaintiff.

INTERROGATORY

4. State the period of time which you have lived at your current residential address.

Answer: Whatever it is

INTERROGATORY

5. (A) If you have resided at any other address during the past ten (10) years, state said previous residential address(es).

whatever it is, no big deal

(B) State the period of time during which you lived at each previous address listed above.

Answer:

Whatever it is

INTERROGATORY

6. State your date of birth.

Answer: OBJECTION The information sought is assumedly already known to the plaintiff. Additionally immaterial.

INTERROGATORY

7. State your social security number.

Answer: OBJECTION The information sought is assumedly already known to the plaintiff.

INTERROGATORY

8. State the names and addresses of your present employer and all former employers for the past five (5) years. With request to each Answer, state your position and amount of salary.

Answer: OBJECTION Immaterial, irrelevant, and highly improper. This is a post judgment request. Any attempt by the plaintiff to contact any employer defendant may have is forbidden and will result in a counterclaim.

INTERROGATORY

9. State whether or not you have ever applied for the card and ACCT #, which is the subject matter of this lawsuit, and if so, give the date of said application.

Answer: Defendant has no recollection of the account. Certainly the Plaintiff must have such information and or documents if they exist. The application will be requested in disocvery since plaintiff seems to think it exists.

REQUEST FOR ADMISSION

10. Admit that you made application for the card and ACCOUNT #, which is the subject matter of this lawsuit.

OBJECTION Repetitive of request 9.

REQUEST FOR ADMISSION

11. Admit that you received the charge card and cardholder's agreement which are the subject matter of this lawsuit.

Answer: DENIED

INTERROGATORY

12. With respect to each charge card issued on the account which is the subject matter of this lawsuit, state whether or not you have destroyed the charge card(s) and give the date(s) of said destruction.

Answer: OBJECTION lacking in foundation, argumentative, assumes facts not in evidence, specifically that any such cards were in the possession of the defendant.

INTERROGATORY

13. With respect to each charge card issued on the account which is the subject matter of this lawsuit, state whether or not you have returned the charge card(s) to the Plaintiff and give the date(s) of said return.

Answer: OBJECTION repertitive of 12 in nature, assumes facts not in evidence, argumentative

INTERROGATORY

14. State the names of all persons authorized by you to make purchases on said account.

Answer: OBJECTION lacks foundation and argumentative.

REQUEST FOR ADMISSION

15. Admit that no unauthorized purchases were made on said account.

Answer: OBJECTION repetitive of 14 in nature

INTERROGATORY

16. If your answer to the preceding Request for Admission is in the form of a denial, list the amounts and dates of each unauthorized purchase and give the date that you notified Plaintiff of said unauthorized purchase(s).

Answer: Does not apply

REQUEST FOR ADMISSION

17. Admit that you received periodic statements of said account.

Answer:

DENIED

REQUEST FOR PRODUCTION OF DOCUMENTS

18. You are hereby requested to produce, at the time and place set forth in the instructions, all written documents relative to the account in question currently in the possession of the Defendant(s) and/or agent. The term "written documents" includes, but is not limited to, letters, notes of telephone calls, or any other written correspondence.

Answer: Defendant has no such documents

REQUEST FOR ADMISSION

19. Admit that the balance due and owing on the account, which is the subject matter of this lawsuit, is the amount set forth in Plaintiff's Complaint.

Answer: OBJECTION Calls for a legal conclusion best left to the trier of fact

INTERROGATORY

20. If your answer to the preceding Request for Admission is in the form of a denial, state the amount which you admit is currently due and owing on said account, and fully explain your reason(s) why this amount is due and owing instead of the amount set forth in Plaintiff's Complaint.

Answer: Does not apply

REQUEST FOR PRODUCTION OF DOCUMENTS

21. You are hereby requested to produce, at the time and place set forth in the instructions, all application, charge cards, cardholder's agreement, charge slips, monthly statements and receipts for payments currently in the possession of Defendant(s) and/or agent relative to the account in question.

Answer: Defendant has no such documents. However, these same documents will be requested of the plaintiff in discovery.

REQUEST FOR ADMISSION

22. Admit that the payments required by the cardholder's agreement were not made in a timely manner.

Answer: OBJECTION Lacks foundation, argumentative, assumes facts not in evidence connected to payments

REQUEST FOR ADMISSION

23. Admit that the Plaintiff properly accelerated the time for payment of the entire balance due and owing on the account which is the subject matter of lawsuit.

Answer: OBJECTION Calls for a legal conclusion

INTERROGATORY

24. State with particularity the basis of any denials stated in your Answer to Plaintiff's Complaint.

Answer: The basis of any denials is that defendant owes not one penny to the Plaintiff

INTERROGATORY

25. State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff's Complaint.

Answer: See 24. defenses, if any, will be incorporated into the Answer

REQUEST FOR ADMISSION

26. Admit that you have no valid affirmative defenses to Plaintiff's Complaint.

Answer: DENIED

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