backinthe50's Posted March 25, 2012 Report Share Posted March 25, 2012 (edited) Would like some feedback on this response to Midlands "Request for Admissions". I have to mail tomorrow. I'm only posting 6 of the 20 statements for now. Not sure I'm going in the right direction here so want to post these first.1. You or your authorized representitive applied to CHASE BANK USA for a credit card.A. Denied. I have no knowledge of this alleged account.2. An account was established in your name and a Credit Card was issued.A. Denied. I have no knowledge of this alleged account.3. You agreed to the terms and conditions of the written contract entitled Cardmember Services.A. Denied. I have no knowledge of this alleged contract.4. You agreed that you would be responsible for all charges made on your account in connection with all Credit Cards issued on your account.A. Denied. 5. Charges were incurred on your account in the sum of _______which remain unpaid.A. I have no knowledge of this account and therefore deny this statement.6. Demand has been made for the amount of ____by Credit and you have failed and refused and continue to fail and refuse to pay this amount or any sums whatsoever.A. I have no knowledge of this account and therefore deny this staement.I have to take a break here. Sorry. Must look up some further information. If any advice on replies so far-please send.Thank-you. Edited March 26, 2012 by backinthe50's wrong wording Link to comment Share on other sites More sharing options...
rikkivs Posted March 25, 2012 Report Share Posted March 25, 2012 You have to ADMIT or DENY. If you answer in such vague terms, they will do a motion to deem those admitted. Example:1. You or your authorized representitive applied to CHASE BANK USA for a credit card.A. Objection. No copies of any documents which would allow the Defendant to respond were attachedYou will get slammed with that answer. It should read more like: 'A. DENIED. No copies of any documents which would allow the Defendant to respond were attached'.Go through each one of your responses and either explicity admit or deny. A backup statement is perfectly fine, but you need to admit or deny off the bat. Otherwise they will get you.This is a trap a lof of pro se litigants fall into because they don't understand the specificity needed in such responses. And since I am not an attorney, best believe I make mistakes with the best of 'em. Good luck!!! Link to comment Share on other sites More sharing options...
backinthe50's Posted March 25, 2012 Author Report Share Posted March 25, 2012 Thank-you for saving me a heep of time!! I thought I was going wrong here. I will change all my responses now and this will make the rest of my replies much easier.Thanks a million! Link to comment Share on other sites More sharing options...
rikkivs Posted March 25, 2012 Report Share Posted March 25, 2012 Just paying it forward!!! I've gotten so much help here over the past three years, it is just karmic to return the favor with accurate information:) Best wishes! Link to comment Share on other sites More sharing options...
legaleagle Posted March 26, 2012 Report Share Posted March 26, 2012 You have to ADMIT or DENY.Not true. See the Rules below.RULE 1.370. REQUESTS FOR ADMISSION(a) Request for Admission. A party may serve upon any other party a written request for the admission of the truth of any matters within the scope of rule 1.280( set forth in the request that relate to statements or opi-nions of fact or of the application of law to fact, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying.The matter is admitted unless the party to whom the request is directed serves upon the par-ty requesting the admission a written answer or objection addressed to the matter within 30 days after service of the request or such shorter or longer time as the court may allow but, unless the court shortens the time, a de-fendant shall not be required to serve answers or objections before the expiration of 45 days after service of the process and initial pleading upon the defendant. If objection is made, the reasons shall be stated.The objection I suggested goes toward the fact that they mentioned an application but did not attach it. Since they mentioned it, they must have it, right? (They don't) Now you can trap them with their own request. You got some bad advice from this poster. Link to comment Share on other sites More sharing options...
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