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Please Help Me!!! Request For Admission Of Facts


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I've already told you what I think of those questions and how I would respond, in my post where I said I would pick them apart. That is how I would answer.

Pick apart my suggestions. Anything you think needs changing, change it. :)

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Pick apart my suggestions. Anything you think needs changing, change it. :)

7. You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement.

Straight up objection, with no commentary, that this calls for a legal conclusion. By stating you have not been provided a contract, it makes it sound like you will answer if you are just provided with a contract.

I don't need a dang contract in front of me to know that if you claim a material breech of that contract you must form a legal opinion and conclusion to answer the question.

8. You have refused to pay the principal balance due Plaintiff on the credit card.

Admitted with zero commentary.

Now if it would have said refused to pay the principal balance due which you owe to Plaintiff, I would have objected like crazy. However, I refuse to pay the principal balance due Plaintiff about 60 million times a day.

Why? because I don't owe those principals balances due on those credit cards, which millions and millions have and owe a principal balance. I also refuse to pay millions of electric bills each day which are due, and I also refuse to pay millions of car payments which are due each day.

14. You have not been released from liability by the Plaintiff for this debt.

Admitted. Have no problem admitting that. They are getting sued. It's obvious the OP has not been released from any liability. You have to establish liability before you can release somebody from that liability.

It's like the rock trucks with a bumper sticker that says not responsible for glass breakage (well at least around here we have trucks that haul rocks around), falling rocks, stay back 500 feet.

That tarp over those rocks is not tied down properly and a rock falls off and cracks your windshield, you think that bumper sticker releasing them from liability means jack crap. Who cares who releases who from liability. Liability is determined by the law.

Is it not true BV80 that you have not disputed my contention that I am the President of the United States? So am I president because you have not disputed I am not? Same here. Them not releasing the OP from liability does not mean there was automatically liability to even release the OP from.

Edited by Coltfan1972
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8. You have refused to pay the principal balance due Plaintiff on the credit card.

Admitted with zero commentary.

Now if it would have said refused to pay the principal balance due which you owe to Plaintiff, I would have objected like crazy. However, I refuse to pay the principal balance due Plaintiff about 60 million times a day.

That's why I put both admitted and denied. The word "due" means to owe. So they actually stated "the principal balance owed Plaintiff on the credit card".

The reason I specified Midland Funding is because the definitions describe "Plaintiff" as meaning both Midland Funding and the OC.

She admits refusing to pay Midland. She's not claiming she refused to pay the OC. They haven't proven an account existed with the OC. Therefore, as far as anyone knows, the alleged OC never demanded a payment, so she couldn't refuse to pay that OC. Midland is the only one who's demanded a payment.

I was going to say she then should deny she owes Midland anything, but instead, I think she should then deny she owes the Plaintiff (meaning both JDB and OC), because the account number in the Complaint doesn't match the account number she had with the OC. So as far as we know, she never had that account number with the OC. Therefore, she wouldn't owe either the OC or Midland.

Admit to refusing to pay Midland. Deny that Plaintiff is due a balance. Am I making sense? I'm thinking that because the term "Plaintiff" means both Midland and the OC, we might have to be careful what we suggest for any of the admissions that use that term.

That is, unless we qualify the denials by stating that Midland Funding has not proven there is an "assignor", or that they are the "assignees", or that anything has been assigned. Something like that.

Edited by BV80
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Thank you everyone! I've completed the Request For Admission Of Facts. Now I'm working on the Request For Production Of Documents And Notice To Produce To Defendant

My question is I do not have anything with this credit card number on it, therefore I have denied anything. I do not know how to respond to their request of providing these documents?

IN THE SUPERIOR COURT FOR THE COUNTY OF xx

STATE OF GEORGIA

MIDLAND FUNDING LLC )

ASSIGNEE OF )

FIA CARD SERVICES, N.A. )

)

Plaintiff )

vs. ) CIVIL ACTION FILE

) NO.

x )

)

Defendant )

)

RESPONSE TO REQUEST FOR PRODUCTION OF

DOCUMENTS AND NOTICE TO PRODUCE TO DEFENDANT

1.

Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from,

Plaintiff.

2.

Produce copies of any and all documents signed by you and or the Plaintiff pertaining to this action.

3.

Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties.

4.

Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf.

5.

Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement.

6.

Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny.

7.

Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer

8.

Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect.

Respectfully submitted, April 2, 2012

For:

By: ______________________________

x

CERTIFICATE OF SERVICE

I hereby certify that I have mailed a copy of the foregoing Request for Admissions, this __________ day of __________, 2012, by, to Mary Lou Morris, Georgia Bar No. 122059, Attorney for Plaintiff, Frederick J. Hanna & Associates, P.C., 1427 Roswell Road, Marietta, GA 30062,770-988-9055 by U.S. Certified Mail Return Receipt Requested, Receipt no.______________________________________

____________________________________

x

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I also received the Plaintiff's First Interrogatories to Defendant. I just am at a loss because I do not have any evidence except my credit report and I do not want to provide them with my credit report! Saying that how can I respond to this being I have no documents for it either??

IN THE SUPERIOR COURT FOR THE COUNTY OF x

STATE OF GEORGIA

MIDLAND FUNDING LLC )

ASSIGNEE OF )

FIA CARD SERVICES, N.A. )

)

Plaintiff )

vs. ) CIVIL ACTION FILE

) NO.

ME )

)

Defendant )

)

RESPONSE TO PLANTIFF’S FIRST INTERROGATORIES TO DEFENDANT

1.

State with factual particularity the basis for your denial of each allegation in the Complaint that you deny.

2.

Identify all documents that you assert constitute the contractual agreement(s) between the parties.

3.

Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf.

4.

Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter.

5.

Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief state of the facts as to which each such person has knowledge.

6.

Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian of each such document.

7.

State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

8.

State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute.

9.

State the amount you contend you owe Plaintiff and describe how you calculated that amount.

10.

Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant’s answer.

11.

State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff.

Respectfully submitted, April 2, 2012

For:

By: ______________________________

X

CERTIFICATE OF SERVICE

I hereby certify that I have mailed a copy of the foregoing Request for Admissions, this __________ day of __________, 2012, by, to Mary Lou Morris, Georgia Bar No. 122059, Attorney for Plaintiff, Frederick J. Hanna & Associates, P.C., 1427 Roswell Road, Marietta, GA 30062,770-988-9055 by U.S. Certified Mail Return Receipt Requested, Receipt no.______________________________________

____________________________________

X

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Thank you everyone! I've completed the Request For Admission Of Facts. Now I'm working on the Request For Production Of Documents And Notice To Produce To Defendant

My question is I do not have anything with this credit card number on it, therefore I have denied anything. I do not know how to respond to their request of providing these documents?

IN THE SUPERIOR COURT FOR THE COUNTY OF xx

STATE OF GEORGIA

MIDLAND FUNDING LLC )

ASSIGNEE OF )

FIA CARD SERVICES, N.A. )

)

Plaintiff )

vs. ) CIVIL ACTION FILE

) NO.

x )

)

Defendant )

)

RESPONSE TO REQUEST FOR PRODUCTION OF

DOCUMENTS AND NOTICE TO PRODUCE TO DEFENDANT

1.

Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from,

Plaintiff.

2.

Produce copies of any and all documents signed by you and or the Plaintiff pertaining to this action.

3.

Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties.

4.

Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf.

5.

Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement.

6.

Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny.

7.

Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer

8.

Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect.

Respectfully submitted, April 2, 2012

For:

By: ______________________________

x

CERTIFICATE OF SERVICE

I hereby certify that I have mailed a copy of the foregoing Request for Admissions, this __________ day of __________, 2012, by, to Mary Lou Morris, Georgia Bar No. 122059, Attorney for Plaintiff, Frederick J. Hanna & Associates, P.C., 1427 Roswell Road, Marietta, GA 30062,770-988-9055 by U.S. Certified Mail Return Receipt Requested, Receipt no.______________________________________

____________________________________

x

This is what I haveresponded to each.

RESPONSE:

Defendant is unaware of any such documents and therefore cannot produce said documents.

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That is, unless we qualify the denials by stating that Midland Funding has not proven there is an "assignor", or that they are the "assignees", or that anything has been assigned. Something like that.

Right, remember, I already said I was objecting and would have to be compelled to answer due to their definition of Plaintiff.

I was just giving other options, but yes, I'm getting that definition of plaintiff squared away before that show moves on any further.

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Don't ever give the opposition a document that will help him beat you. Think of it this way....if they had the evidence they needed, they wouldn't be asking you for it.

"After a diligent search, defendant states that he has none of the documents requested by the plaintiff. Defendant will amend his response if such documents become available."

That kills their interrogatories. You cannot "identify" documents you don't have, and can respond accordingly.

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Don't ever give the opposition a document that will help him beat you. Think of it this way....if they had the evidence they needed, they wouldn't be asking you for it.

"After a diligent search, defendant states that he has none of the documents requested by the plaintiff. Defendant will amend his response if such documents become available."

That kills their interrogatories. You cannot "identify" documents you don't have, and can respond accordingly.

That is what I was thinking. If they had a document of mine they why would they be asking me to provide them with documents. I'm not the brightest person in the world but I'm not an idiot either! lol Thank youfor your help!

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