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I've finally typed out all of the Admissions, Rogs and POD since the floppy I was sent from the JDB Attorney was worthless. I'm now preparing to answer the Admissions but I have a question regarding Denials. I see a lot of posts with people denying then putting a reason. I would really like to deny without a reason. I don't think, according to MO RCP, that I have to state a reason.

Here are the RCP rules for MO regarding this:

59.01. Request for and Effect of Admissions

(2) Form. The title of the response shall identify the responding party and the number of the set of the requests for admissions. The response shall quote each request, including its original paragraph number, and immediately thereunder specifically:

(A) Admit the matter; or

(B) Deny the matter; or

© Object to the matter and state each reason for the objection; or

(D) Set forth in detail the reasons why the responding party cannot truthfully admit or deny the matter.

A denial shall fairly meet the substance of the requested admission.

When good faith requires that a party qualify an answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as true and qualify or deny the remainder.

A responding party may give lack of information or knowledge as a reason for failure to admit or deny if such party states that the party has made reasonable inquiry and the information known or readily obtainable by the party is insufficient to enable the party to admit or deny.

A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; such party may deny the matter, subject to the provisions of Rule 61.01©, or set forth reasons why the party cannot admit or deny it.

Here is Rule 61.01©:

61.01. Failure to Make Discovery: Sanctions

© Failure to Answer Request for Admissions. If a party, after being served with a request to admit the genuineness of any relevant documents or the truth of any relevant and material matters of fact, fails to file answers or objections thereto, as required by Rule 59.01, the genuineness of any relevant documents or the truth of any relevant and material matters of fact contained in the request for admissions shall be taken as admitted. If a party fails to admit the genuineness of any document or the truth of any matter as requested under Rule 59.01, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the party requesting the admissions may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. The court shall make the order unless it finds that: (1) the request was held objectionable pursuant to Rule 59.01, (2) the admission sought was of no substantial importance, (3) the party failing to admit had reasonable grounds to believe that such party might prevail on the matter, or (4) there was other good reason for the failure to admit.

Am I right is assuming that no reason is required in a denial?

Thank you,

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Thank you BV80.

But what if I can't truly admit or deny? Does this:

(3) the party failing to admit had reasonable grounds to believe that such party might prevail on the matter,

Justify with a simple denied?

Thank you,

That appears to be part of an admission request. Could you post the entire request? It might make it easier for me to understand.

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Here it is, redacted of course:

ADMISSIONS

1. At all times pertinent, Plaintiff was and is a A LIMITED LIABILITY COMPANY organized and existing under and by virtue of law.

2. Plaintiff is the valid holder of a valid assignment of an account, originating with CHASE BANK USA NA.

3. That the Defendant(s) is/are a resident(s) of xxxxx COUNTY, Missouri. ADMITTED

4. CHASE BANK USA NA and Defendant(s) entered into a contract, whereby Plaintiff extended credit pursuant to the terms and conditions of CREDIT AGREEMENT (hereinafter referred to as “Agreement”).

5. Defendant(s), in exchange for the use of the credit extended, agreed to pay CHASE BANK USA NA for all amounts due resulting from the authorized use of Defendant(s) CREDIT CARD, including any finance charges and any other charges due under the terms of the Agreement.

6. Defendant(s) has/have not made all payments to CHASE BANK USA NA pursuant to the Agreement.

7. CHASE BANK USA NA sent monthly statements to Defendant(s).

8. Defendant(s) breached the Agreement by failing to pay the $6,xxxx amount owed.

9. As a direct and proximate result of the Defendant’s breach of the Agreement, CHASE BANK USA NA has sustained damages in the sum of $6,xxxxx.

10. CHASE BANK USA NA has fully performed, pursuant to the terms of the Agreement or its performance has been excused due to Defendant’s breach.

11. CHASE BANK USA NA, and subsequently, Plaintiff, have made demand for payment of the outstanding sum of $6,xxxxx, but Defendant(s) has/have failed and refused to pay.

12. Defendant(s) and Plaintiff have had previous financial transactions related to the CREDIT CARD issued to Defendant(s) by Plaintiff, at Defendant(s) insistence and request.

13. Defendant(s) received and used (or authorized the use of) the credit knowing that CHASE BANK USA NA expected to be repaid for all monies advanced, together with interest thereon.

14. With each use of the credit CHASE BANK USA NA paid money on Defendant’s behalf to the merchant with whom the credit was issued.

15. Defendant(s) accepted said funds for the purchase of goods, wares, merchandise or service and has been unjustly enriched by failing to repay such sums.

16. Plaintiff is the assignee of the Issuer’s right to be repaid by Defendant(s) for such money had and received, and it is entitled to recover from Defendant(s) the sum of $6,xxxxx, that being the balance due through xxxxxx, 2011.

17. Defendant(s) and CHASE BANK USA NA had previous financial transactions related to the Agreement issued to Defendant(s) by CHASE BANK USA NA, at Defendant(s) insistence and request.

18. Pursuant to said transactions, CHASE BANK USA NA sent Defendant(s) statements of account, to which Defendant(s) did not object.

19. Defendant(s) did not object in writing to any of these statements of account, or monthly statements concerning this account.

20. Pursuant to the terms and conditions sent to Defendant(s) along with the CREDIT CARD, and governing its use, the Defendant(s) made an unconditional promise to pay the amount due with the use of said CREDIT CARD.

21. The resulting balance agreed to by the parties is $6,xxxxxx.

22. The Defendant(s) has/have failed to keep his/her/their promise to pay said balance, despite demand for same having been made.

23. Plaintiff is the assignee of CHASE BANK USA NA to be repaid by Defendant(s) on the account, and it is entitled to recover from Defendant(s) the sum of $6,xxxxxx, that being the balance due through xxxxxx, 2011.

Thank you,

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Ok...it's Saturday. I'm a blonde. I just took some sinus meds. (I'm trying to come up with an excuse for ditziness).

"the party failing to admit had reasonable grounds to believe that such party might prevail on the matter" has to do with sanctions for objecting or for not admitting or denying and then not giving a reasonable explanation for that objection, or not giving a reasonable explanation for being unable to admit or deny.

If you simply deny, the Plaintiff can't apply for or request sanctions (penalties).

Is there a particular admission that's giving you pause for thought?

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Here's how I'd answer...

#1 - Object - calls for conclusion of law.

#2 - Deny - Plaintiff has not proven they are holders of an assignment.

#4- Deny- Plaintiff has not produces aforementioned contract.

#5 - Deny - See response to #4

#6 - Deny - Plaintiff has not produced a payment history.

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Thank you BV80 and 1stStep.

My basic apprehension is that I don't want to paint myself into a corner or commit perjury with an expanation for a denial that can be used against me. If I could just deny without an explanation then that leaves the Plaintiff with a bigger hurdle to prove.

And BTW, it's Sunday here in Missouri. :wink:

Thank you,

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Here's how I'd answer...

#1 - Object - calls for conclusion of law.

#2 - Deny - Plaintiff has not proven they are holders of an assignment.

#4- Deny- Plaintiff has not produces aforementioned contract.

#5 - Deny - See response to #4

#6 - Deny - Plaintiff has not produced a payment history.

I respectfully disagree with your objection to #1. The OP's rules for sanctions state that if you object without a good reason, and the opposition provides documents to prove their request, you could be liable for any fees that they incurred proving "the truth of the matter".

For the others, I'd simply deny. There's no reason for an explanation in admissions. I used to think it helped to include an explanation, but it really doesn't. Denying an allegation may require an explanation, but not the denial of an admission. If your denial is brought up at a hearing, you can offer your explanation at that time.

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In that case I'd answer "DENY" to #1...

is the OP expected to track down Articles of Organization?

LOL! Of course we're supposed to do that! They expect us to prove their case for them, so they'd expect us to track down their Articles of Organization, as well. They really would, you know. Considering the quality of some of the JDB lawyers they hire, we could probably come up with those documents before they could.

It might depend on my mood at the time as to whether I'd deny or, if I'm feeling generous, simply admit upon information and belief.

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1. At all times pertinent, Plaintiff was and is a A LIMITED LIABILITY COMPANY organized and existing under and by virtue of law.

Defendant has no clue as to the legal status of junk debt buyers. Therefore, defendant must deny.

2. Plaintiff is the valid holder of a valid assignment of an account, originating with CHASE BANK USA NA.

Defendant has no clue as to the business dealings of junk debt buyers. Assignment is a matter for Plaintiff to prove.

3. That the Defendant(s) is/are a resident(s) of xxxxx COUNTY, Missouri.

ADMITTED

4. CHASE BANK USA NA and Defendant(s) entered into a contract, whereby Plaintiff extended credit pursuant to the terms and conditions of CREDIT AGREEMENT (hereinafter referred to as “Agreement”).

Denied to the extent that no such agreement was appended hereto.

5. Defendant(s), in exchange for the use of the credit extended, agreed to pay CHASE BANK USA NA for all amounts due resulting from the authorized use of Defendant(s) CREDIT CARD, including any finance charges and any other charges due under the terms of the Agreement.

Denied to the extent that no such agreement was appended hereto.

6. Defendant(s) has/have not made all payments to CHASE BANK USA NA pursuant to the Agreement.

Denied to the extent that no such agreement was appended hereto setting forth the terms to which Plaintiff refers.

7. CHASE BANK USA NA sent monthly statements to Defendant(s).

Denied pending proof of delivery through discovery.

8. Defendant(s) breached the Agreement by failing to pay the $6,xxxx amount owed.

Denied to the extent that "breach" indicates a contract violation which Plaintiff has not alleged as a cause of action.

9. As a direct and proximate result of the Defendant’s breach of the Agreement, CHASE BANK USA NA has sustained damages in the sum of $6,xxxxx.

Denied to the extent that Chase Bank is not the party in real interest. Any such loss is the responsibility of the junk debt buyer who purchased the alleged account at pennies on the dollar. If the plaintiff wants to claim real damages, let them reveal what they actually paid for the alleged account and claim acccordingly.

10. CHASE BANK USA NA has fully performed, pursuant to the terms of the Agreement or its performance has been excused due to Defendant’s breach.

Denied to the extent that the terms set forth call for a legal conclusion. Defendant has no clue as to what duties Chase was obligated to perform.

11. CHASE BANK USA NA, and subsequently, Plaintiff, have made demand for payment of the outstanding sum of $6,xxxxx, but Defendant(s) has/have failed and refused to pay.

Admitted to the extent that the Plaintiff has made a wholly unsupported demand for money which is not owed to them.

12. Defendant(s) and Plaintiff have had previous financial transactions related to the CREDIT CARD issued to Defendant(s) by Plaintiff, at Defendant(s) insistence and request.

Denied. Deendant and Plaintiff have had no such transactions between themselves. No credit card was ever issued by the Plaintiff as they clearly state.

13. Defendant(s) received and used (or authorized the use of) the credit knowing that CHASE BANK USA NA expected to be repaid for all monies advanced, together with interest thereon.

Denied to the extent that no admissible evidence establishing any such account has yet to be produced.

14. With each use of the credit CHASE BANK USA NA paid money on Defendant’s behalf to the merchant with whom the credit was issued.

Denied to the extent that no admissible evidence establishing any such account has yet to be produced. Additionally, Chase has not provided any admissible evidence that any moneys allegedly advanced by them were actual funds owned by Chase, and that such funds were not the product of fractional banking practices, as per the Federal Reserve system, in which case these funds do not not exist.

15. Defendant(s) accepted said funds for the purchase of goods, wares, merchandise or service and has been unjustly enriched by failing to repay such sums.

Denied. Plaintiff cannot prove unjust enrichment when Plaintiff advanced nothing more than the purchase price of the account. Defendant neither gained nor retained an unjust benefit at the expense of the Plaintiff.

16. Plaintiff is the assignee of the Issuer’s right to be repaid by Defendant(s) for such money had and received, and it is entitled to recover from Defendant(s) the sum of $6,xxxxx, that being the balance due through xxxxxx, 2011.

Denied to the extent that Defendant has no clue as to the business dealings of junk debt buyers. Assignment is a matter for Plaintiff to prove.

17. Defendant(s) and CHASE BANK USA NA had previous financial transactions related to the Agreement issued to Defendant(s) by CHASE BANK USA NA, at Defendant(s) insistence and request.

Denied to the extent that no such agreement was appended hereto.

18. Pursuant to said transactions, CHASE BANK USA NA sent Defendant(s) statements of account, to which Defendant(s) did not object.

Denied.

19. Defendant(s) did not object in writing to any of these statements of account, or monthly statements concerning this account.

Admitted in part and denied in part. No such statements have been appended hereto for evaluation. Defendant admits that no written objections were filed, although Defendant maintains that numerous objections were made by telephone, all of which were denied, shuffled back and forth to individuals who offered no help, or to call centers in countries staffed by individuals who could not speak proper English.

20. Pursuant to the terms and conditions sent to Defendant(s) along with the CREDIT CARD, and governing its use, the Defendant(s) made an unconditional promise to pay the amount due with the use of said CREDIT CARD.

Denied, no such agreement setting forth these alleged conditions was appended hereto.

21. The resulting balance agreed to by the parties is $6,xxxxxx.

Denied. No such agreement to pay has been established.

22. The Defendant(s) has/have failed to keep his/her/their promise to pay said balance, despite demand for same having been made.

Denied. The demand lacks any factual or legal basis.

23. Plaintiff is the assignee of CHASE BANK USA NA to be repaid by Defendant(s) on the account, and it is entitled to recover from Defendant(s) the sum of $6,xxxxxx, that being the balance due through xxxxxx, 2011.

Denied. Defendant has no clue as to the assignment referred to by Plaintiff. This is a matter to be proven by Plaintiff.

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2. Plaintiff is the valid holder of a valid assignment of an account, originating with CHASE BANK USA NA.

Defendant has no clue as to the business dealings of junk debt buyers. Assignment is a matter for Plaintiff to prove.

You must admit or deny #2. You can't leave it open, because it will be deemed admitted.

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BV80 is right, I forgot to type in DENIED. He's always watching me, the little devil. Knows his stuff, though. Glad he's here. Very thoughtful individual.

I figured you had simply forgotten to add the "Denied". :) I can't say much, about forgetfulness, though, because I thought yesterday was Saturday. :oops:

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