Requests for docs and admissions

[sharptooth]

Hi all first time posting, I hope I don't make anyone mad if I do it wrong. I'm a noob and really need help. I wish I had found this forum at the start of all this, I’d probably be done by now. I know this is long and I’m sorry for that.

Received the first dunning letter from MCM (OC = Citibank) 06/09 with a balance owed of just under $7000.00 and a statement that this was bought by Midland Funding with a 27% interest rate. So I sent DV letter in response 20 or so days after, then waited. I finally received response from them over a year later 07/10 and the balance was just under $9000.00 and they included 3 photocopied statements that’s all. I thought that verification inadequate and ignored it, not to mention the balance shot up $2000.00.

Fast forward to 06/11 received another dunning letter this time from Suttell & Hammer for Midland Funding saying with a balance owed closer to the original but still different and I responded again with a DV letter about 20 days later, but before I sent that I received a settlement offer for just over $5000.00 from S&H that I thought was BS. I received a response to that DV letter 09/11 that included the same 3 photocopies of statements, a notarized affidavit from a legal spe******t and a bill of sale, assignment and assumption agreement that didn’t have my name or account info on it, it just referenced accounts described in section 1.2 that was not included in their mailing.

Anyway I'm being sued by Midland Funding represented by Suttell & Hammer in Wa. For just under $7000.00 with the OC of Citibank. Citibank has fallen off my CR as of 11/09 now Midland is there with a first delinquency of 05/05 I think this was a Citibank date but I’m not sure. SOL in Wa. is 6 years I believe for a credit card.

I responded to the first served summons, received 09/10, a little poorly and when I took it to clerk to file I couldn't because it hadn't been filed yet, but I did send answer with Notice of Appearance and certificate of service to S&H CMRRR. The suit was never filed by them, then 11 months later (08/11) I received the exact same summons once again handed me by a process server. This time I first contacted the clerk to check if suit was filed and it was not so I ignored it. Then I received in the mail (12/11) their motion for default judgment (I guess I only received that because of the notice of appearance I included in my response to the first summons) that included supporting evidence consisting of, the affidavit, bill of sale and one photocopied statement with a court date. So 12/11 is the date they actually filed this suit so I think SOL applies.

I went to court and the Judge denied their motion because I had proof that I responded to their first summons by way of CMRRR. S&H attorney played dumb to receipt of that and Judge kept my response for copying by S&H and filing. Two days later I got a call from clerk saying I needed to pay $180.00 for filing because I included a counterclaim in my response. Did I mention I am broke and unemployed, so I amended my response to remove counterclaim and added SOL as affirmative defense and filed. Shortly thereafter I received their request for admissions and production of documents.

Now I find this forum and It has been fantastic because, thanks to this forum and many hours of reading, I was able to draft and send my own request for admission and production of documents to them. I think I did OK there, sent it off yesterday and it included a lot of the fine examples of stuff I found here. Timeline is crazy so I’ll restate:

06/09 first dunning letter from them

06/09 DV letter to them

07/10 response to DV letter from them

09/10 first summons from them

09/10 answer to summons sent from me

06/11 second dunning letter from them

07/11 settlement offer from them

07/11 DV letter to them

08/11 second summons from them

09/11 response to DV letter from them

12/11 suit filed by them

12/11 motion for default judgment from them

02/12 judge denies motion for default judgment

02/12 answer filed by me

03/12 admissions and request for documents from them

So now I am here asking for advice on how to answer their admissions and production requests.

Requests for admissions

Admit, defendant requested that Citibank open a credit card account on defendant’s behalf

I think I must deny

Admit that Citibank issued defendant, a credit card bearing

account number xxxxxxxxxxxxxx

Think I need to deny because I no longer have any records as to acct. number

Admit Citibank issued monthly statements reflecting the defendant’s use of said credit card.

Don't remember statements

Admit defendant defaulted under the terms of the credit account

Need help on this one

Admit defendant incurred a debt through use of the subject card.

Don't remember using

Admit Defendant failed to repay all charges made on the subject account.

Not sure on this as I don’t have records anymore

Production of Documents

Please produce all documents relating or referring to any communication amongst or

between Defendant, Citibank, and/or any third party with respect to any matter alleged in the

Complaint

Do I have to send them a copy of everything they sent me?

Please produce all periodic statements for the last 10 years for all Citibank credit cards, and for all accounts opened and/or used by the Defendant in the last 10 years.

I don’t have any Citibank records anymore and the other accounts are not relevant so I need help on this one

Please produce all periodic statements for the last 10 years for Citibank credit card account xxxxxxxxxxxxx received by Defendant within the last 10 years.

Don’t have these not sure how to respond

Please produce all check summaries for all checking accounts in the name of the

Defendant or that the Defendant was a signator on in the last 10 years.

Are they kidding? Help!

Please produce all bank statements received by the Defendant within the last 10 years for all checking accounts in the name of the Defendant or that the Defendant was a signator

How is this relevant?

Please produce all cancelled checks for all checks written by the Defendant to

Citibank for the last 10 years on all Citibank credit card accounts.

I Don’t have these.

Please produce all cancelled checks for all checks written by the Defendant to

Citibank for the last 10 years on Citibank credit card account xxxxxxxxxxxxxx

How can I answer this?

Please produce all documents created and/or maintained or possessed by the

Defendant, relating or referring to any matter alleged in the Complaint, including but not

limited to all diaries, log books, memoranda, facsimiles, etc.

Again do I have to send them copies of everything they sent me?

Please produce all credit card agreements for Citibank credit card account

xxxxxxxxxxxxxx.

I asked for this in my request how do I answer?

Please produce all credit card agreements for all Citibank credit card accounts opened

and or used by the Defendant in the last 10 years.

I don’t have this, again I asked for it in my request

Thanks in advance to all the people that respond here. Again I wish I found this forum at the beginning, I think I would have saved myself a lot of grief.

P.S. Here the affirmative answers to the complaint I used. I’m sure they are lame but I hadn’t found this forum yet. Bummer for me!

Plaintiff failed to provide verification of alledged debt as requested.

The Plaintiff complaint is time barred due to statute of limitations in Washington State.

The Plaintiff complaint contains conflicting amounts in regards to alleged debt.

The Plaintiff sent paperwork that deliberately look like government documents . (Looked like lawsuit. Who in there right mind would demand them to file?)

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date

Edited April 30, 2012 by sharptooth
Some comments removed

[debtorshusband]

I'm going to say some things that I hope are helpful, but you may not feel they are, because I'm not going to be very specific. You need to do a lot of research producing your response, and the advice of a lawyer would be strongly recommended.

First, Admissions:

The intent of Admission in the legal world is to establish which facts about a case are not in dispute, so the eventual trial may focus on the issues that are in dispute. In the case of a car accident, defendant may Admit to the plaintiff that Main street runs north-south, Elm street runs east-west, that plaintiff was traveling north on Main at the time of the accident, and that defendant was traveling east on Elm. But defendant will Deny that he was speeding or that he ran a stop side. Those are the issues that must be proven at trial.

In debt collection cases, plaintiff attorneys have perverted the process, and are trying to take advantage of pro se defendants. They try to get the defendant to Admit to various things so that plaintiff won't have to prove them.

This is key: You are not being asked whether or not you did this or that. You are being asked which things are not in dispute, and which need to be settled at trial.

In summary, you want to Deny what they should have to prove, and Object to anything you can get away with.

Just as an example, for the first request, a lawyer's response might be to object on the grounds that the request is overbroad and burdensome and not limited in time or scope to the subject of this litigation. I mean think about it: what account? when? What if you had another Citibank card 20 years ago? 30 years ago?

Another phrase that is your friend is, Object on the grounds that the request is not relevant and will not lead to the discovery of facts pertinent to the litigation at hand.

Another phrase is something like Responding party has no information or belief on the subject and on that basis denies same.

Second, Production of Documents:

The purpose of Discovery is show the other side what evidence you will be submitting at trial to support your case. The court hopes that when each side sees what the other has, one side or the other will give up, and there will be a settlement or dismissal. The court really doesn't want to have to evaluate the evidence and make a decision.

So, the only documents you need to produce are those that you will be using as evidence. If you're not going to be submitting anything, there's nothing to provide. It's just Sorry, no such documents are in my possession. If they challenge you, Sorry, I throw away/shred old credit card statements, bank statements, cancelled checks, etc.

So, I hope this helps, at least a little. Frankly, I don't want to craft specific answers for you, and then be responsible if I mess up, because this stuff is tricky. But keep in mind what I've said above as you review your own answers.

Good luck.

DH

[sharptooth]

Thank you DH for the speedy response. I have to do this on my own as I can’t afford to do otherwise. What you posted will really help as will many posts I’ve read since discovering this forum. I can’t imagine where I would be now without it.

I would never blame someone on this forum for advice I used that failed. At least with the info I’ve found here I think I have a good chance of prevailing. This forum has given me some measure of confidence that I won’t have to just roll over and take it.

I want to file motions: dismiss (SOL), strike (affidavit), strike (bill of sale) but not sure the timing. Should I do this right away? Am I too late? Wait to do in front of judge?

I need to send out the admissions and production docs this week.

Again thank you DH and thanks to all that have posted in this fantastic forum!

[legaleagle]

Midland is there with a first delinquency of 05/05

You need to take this one step at a time, don't file a whole pile of motions, especially when you have an SOL defense. According to what you posted, the first time they filed was within the SOL. However, they never followed up, so too bad for them. That "case" never legally existed in my opinion. They then re-filed on 8-11, correct? This is out of the SOL if what you posted above is correct. WA and Citi both have a six year SOL, so that is not going to be the argument. I think the motion to dismiss would be a good first step for you. Including it as a special defense is okay, but motions work faster and get rid of the problem immediately. I cannot see where that first filing would keep them within the SOL if they never filed the complaint and had to do it again, check with KentWA on this.

[sharptooth]

Thanks legaleagle for the info. What would be a good way to word the motion to dismiss per SOL and what proof do I need? Do I wait to do it in court? Should I complete the requests for admissions and docs due by end of week? Lost as to how to do all this. Please help me to put this issue to rest.

Thanks

[legaleagle]

Washington State Courts - Court Rules

The form for motions is also in the rules. This would be short and sweet, cite the rule you rely upon and the state statute for the SOL. Include exhibits that prove the date of default and a copy of the summons showing the date the case was most recently filed. Ask the court to dismiss with prejudice.

[Coltfan1972]

I'm going to say some things that I hope are helpful, but you may not feel they are, because I'm not going to be very specific. You need to do a lot of research producing your response, and the advice of a lawyer would be strongly recommended.

First, Admissions:

The intent of Admission in the legal world is to establish which facts about a case are not in dispute, so the eventual trial may focus on the issues that are in dispute. In the case of a car accident, defendant may Admit to the plaintiff that Main street runs north-south, Elm street runs east-west, that plaintiff was traveling north on Main at the time of the accident, and that defendant was traveling east on Elm. But defendant will Deny that he was speeding or that he ran a stop side. Those are the issues that must be proven at trial.

In debt collection cases, plaintiff attorneys have perverted the process, and are trying to take advantage of pro se defendants. They try to get the defendant to Admit to various things so that plaintiff won't have to prove them.

This is key: You are not being asked whether or not you did this or that. You are being asked which things are not in dispute, and which need to be settled at trial.

In summary, you want to Deny what they should have to prove, and Object to anything you can get away with.

Just as an example, for the first request, a lawyer's response might be to object on the grounds that the request is overbroad and burdensome and not limited in time or scope to the subject of this litigation. I mean think about it: what account? when? What if you had another Citibank card 20 years ago? 30 years ago?

Another phrase that is your friend is, Object on the grounds that the request is not relevant and will not lead to the discovery of facts pertinent to the litigation at hand.

Another phrase is something like Responding party has no information or belief on the subject and on that basis denies same.

Second, Production of Documents:

The purpose of Discovery is show the other side what evidence you will be submitting at trial to support your case. The court hopes that when each side sees what the other has, one side or the other will give up, and there will be a settlement or dismissal. The court really doesn't want to have to evaluate the evidence and make a decision.

So, the only documents you need to produce are those that you will be using as evidence. If you're not going to be submitting anything, there's nothing to provide. It's just Sorry, no such documents are in my possession. If they challenge you, Sorry, I throw away/shred old credit card statements, bank statements, cancelled checks, etc.

So, I hope this helps, at least a little. Frankly, I don't want to craft specific answers for you, and then be responsible if I mess up, because this stuff is tricky. But keep in mind what I've said above as you review your own answers.

Good luck.

DH

Great info !!

[texasrocker]

Now I find this forum and It has been fantastic because, thanks to this forum and many hours of reading, I was able to draft and send my own request for admission and production of documents to them. I think I did OK there, sent it off yesterday and it included a lot of the fine examples of stuff I found here.

If they came up with a bill of sale along with what appears to be an excerpt from a spreadsheet (one long line listing your name, address, phone number and the alleged account number) that is purported to be an exhibit referred to on the bill of sale see my post on pg. 11 of the Lack of Standing thread to see what you need to include in your request for documents and admissions.

[chrisbbadd]

Hi all first time posting, I hope I don't make anyone mad if I do it wrong. I'm a noob and really need help. I wish I had found this forum at the start of all this, I’d probably be done by now. I know this is long and I’m sorry for that.

Received the first dunning letter from MCM (OC = Citibank) 06/09 with a balance owed of just under $7000.00 and a statement that this was bought by Midland Funding with a 27% interest rate. So I sent DV letter in response 20 or so days after, then waited. I finally received response from them over a year later 07/10 and the balance was just under $9000.00 and they included 3 photocopied statements that’s all. I thought that verification inadequate and ignored it, not to mention the balance shot up $2000.00.

Fast forward to 06/11 received another dunning letter this time from Suttell & Hammer for Midland Funding saying with a balance owed closer to the original but still different and I responded again with a DV letter about 20 days later, but before I sent that I received a settlement offer for just over $5000.00 from S&H that I thought was BS. I received a response to that DV letter 09/11 that included the same 3 photocopies of statements, a notarized affidavit from a legal spe******t and a bill of sale, assignment and assumption agreement that didn’t have my name or account info on it, it just referenced accounts described in section 1.2 that was not included in their mailing.

Anyway I'm being sued by Midland Funding represented by Suttell & Hammer in Wa. For just under $7000.00 with the OC of Citibank. Citibank has fallen off my CR as of 11/09 now Midland is there with a first delinquency of 05/05 I think this was a Citibank date but I’m not sure. SOL in Wa. is 6 years I believe for a credit card.

I responded to the first served summons, received 09/10, a little poorly and when I took it to clerk to file I couldn't because it hadn't been filed yet, but I did send answer with Notice of Appearance and certificate of service to S&H CMRRR. The suit was never filed by them, then 11 months later (08/11) I received the exact same summons once again handed me by a process server. This time I first contacted the clerk to check if suit was filed and it was not so I ignored it. Then I received in the mail (12/11) their motion for default judgment (I guess I only received that because of the notice of appearance I included in my response to the first summons) that included supporting evidence consisting of, the affidavit, bill of sale and one photocopied statement with a court date. So 12/11 is the date they actually filed this suit so I think SOL applies.

I went to court and the Judge denied their motion because I had proof that I responded to their first summons by way of CMRRR. S&H attorney played dumb to receipt of that and Judge kept my response for copying by S&H and filing. Two days later I got a call from clerk saying I needed to pay $180.00 for filing because I included a counterclaim in my response. Did I mention I am broke and unemployed, so I amended my response to remove counterclaim and added SOL as affirmative defense and filed. Shortly thereafter I received their request for admissions and production of documents.

Now I find this forum and It has been fantastic because, thanks to this forum and many hours of reading, I was able to draft and send my own request for admission and production of documents to them. I think I did OK there, sent it off yesterday and it included a lot of the fine examples of stuff I found here. Timeline is crazy so I’ll restate:

06/09 first dunning letter from them

06/09 DV letter to them

07/10 response to DV letter from them

09/10 first summons from them

09/10 answer to summons sent from me

06/11 second dunning letter from them

07/11 settlement offer from them

07/11 DV letter to them

08/11 second summons from them

09/11 response to DV letter from them

12/11 motion for default judgment from them

02/12 judge denies motion for default judgment

02/12 suit filed by them

02/12 answer filed by me

03/12 admissions and request for documents from them

So now I am here asking for advice on how to answer their admissions and production requests.

Requests for admissions

Admit, defendant requested that Citibank open a credit card account on defendant’s behalf

I think I must admit even though Citibank solicited me on this

Admit that Citibank issued defendant, a credit card bearing

account number xxxxxxxxxxxxxx

Think I need to deny because I no longer have any records as to acct. number

Admit Citibank issued monthly statements reflecting the defendant’s use of said credit

card.

Not sure here I do remember statements please advise

Admit defendant defaulted under the terms of the credit account

Need help on this one

Admit defendant incurred a debt through use of the subject card.

I did use it so I may need to admit

Admit Defendant failed to repay all charges made on the subject account.

Not sure on this as I don’t have records anymore

Production of Documents

Please produce all documents relating or referring to any communication amongst or

between Defendant, Citibank, and/or any third party with respect to any matter alleged in the

Complaint

Do I have to send them a copy of everything they sent me?

Please produce all periodic statements for the last 10 years for all Citibank credit cards, and for all accounts opened and/or used by the Defendant in the last 10 years.

I don’t have any Citibank records anymore and the other accounts are not relevant so I need help on this one

Please produce all periodic statements for the last 10 years for Citibank credit card account xxxxxxxxxxxxx received by Defendant within the last 10 years.

Don’t have these not sure how to respond

Please produce all check summaries for all checking accounts in the name of the

Defendant or that the Defendant was a signator on in the last 10 years.

Are they kidding? Help!

Please produce all bank statements received by the Defendant within the last 10 years for all checking accounts in the name of the Defendant or that the Defendant was a signator

How is this relevant?

Please produce all cancelled checks for all checks written by the Defendant to

Citibank for the last 10 years on all Citibank credit card accounts.

I Don’t have these.

Please produce all cancelled checks for all checks written by the Defendant to

Citibank for the last 10 years on Citibank credit card account xxxxxxxxxxxxxx

How can I answer this?

Please produce all documents created and/or maintained or possessed by the

Defendant, relating or referring to any matter alleged in the Complaint, including but not

limited to all diaries, log books, memoranda, facsimiles, etc.

Again do I have to send them copies of everything they sent me?

Please produce all credit card agreements for Citibank credit card account

xxxxxxxxxxxxxx.

I asked for this in my request how do I answer?

Please produce all credit card agreements for all Citibank credit card accounts opened

and or used by the Defendant in the last 10 years.

I don’t have this, again I asked for it in my request

Thanks in advance to all the people that respond here. Again I wish I found this forum at the beginning, I think I would have saved myself a lot of grief.

P.S. Here the affirmative answers to the complaint I used. I’m sure they are lame but I hadn’t found this forum yet. Bummer for me!

Plaintiff failed to provide verification of alledged debt as requested.

The Plaintiff complaint is time barred due to statute of limitations in Washington State.

The Plaintiff complaint contains conflicting amounts in regards to alleged debt.

The Plaintiff sent paperwork that deliberately look like government documents . (Looked like lawsuit. Who in there right mind would demand them to file?)

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date

If it was me I wouldn't have enough information to admit or deny those requests for admissions since there is zero evidence that they even own the debt. That bill of sale isn't worth the paper it is printed on, nor is an affidavit from an employee of Midland Funding worth the paper it is printed on. They have no evidence. "Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request." I would answer all those admissions that way if it was me. There is no bill of sale with your name, account number, balance due, and amount of consideration paid by Midland for the alleged debt on the record. You have no way of producing any documents to total strangers who haven't even proven they own the alleged debt. They can't prove they own the debt but they would love for you to just lay down and do it for them. Don't let them abuse you with smoke and mirrors.

[sharptooth]

This forum is great as are all the responses I've recieved. I am going to file a motion to dismiss due to the statute of limitations. I spoke to the court clerk and found out that I need an Order of dismissal for the judge to sign included with what I submit. I haven't been able to find a template for that so can someone please point me to one or help me with how to craft one. I am very new to this stuff so I need all the help I can get. Thanks

[legaleagle]

ORDER

The foregoing motion having come before the Court for consideration, it is hereby:

GRANTED DENIED

Dated at (your jurisdiction) this _____ day of 2012

THE COURT

By: ________________________

Judge of Superior Court

"Order" should be centered, so should granted / denied, can't get it to work here, separate granted denied somewhat

Edited April 4, 2012 by legaleagle

[sharptooth]

Wish me luck.

Now I have to get admissions and doc. productions completed to go by end of week so not to default on time. I'll be pouring through posts to find all the right things to say.

Thanks everyone

[sharptooth]

I really need help with how to handle the production of documents. How to word the responses, how to object etc. I've been reading posts but have yet to find one that seems right for this situation. If there is a good post for this please help me find it.

I am sending my answers to admissions when the post office opens today CMRRR of course, 29 days after they were postmarked when they sent them out.

Nothing like waiting till the last minute:) I guess I'm doing the right thing even though I have to wait till the end of month for my Motion for Dismissal to be heard. I'm fairly certain that unless S&H has some wacky objection it should be granted or unless the judge doesn't accept the date of default on my CR.

Anyway thanks for all the help so far and in the future

[sharptooth]

Can I add this statement to the end of my admissions to plaintiff?

"I reserve the right to amend the above answers if more information becomes available."

thanks

[BV80]

Did they provide a copy of a Citi cc statement? If so, did it show any charges or payments?

[legaleagle]

You don't need to reserve the right to amend, that is contained already in the rules of procedure. In fact, you have an obligation to do so if info changes, etc. We can help you with the answers, but I suggest requesting an extension of time, 30 days, which is routinely granted. That takes you past the ruling on your motion. If it is granted, the case is over and there is no need to file answers. I hope you included the evidence we mentioned.

[Coltfan1972]

Are you not getting this dismissed for statute of limitations. Why don't you get that motion ruled on before you go any further. Move to stay the discovery process until the court rules on the motion to dismiss.

[sharptooth]

Did they provide a copy of a Citi cc statement? If so, did it show any charges or payments?

Thanks BV80 Yes they included 3 copies but none show any charges or payments

Edited April 6, 2012 by sharptooth

[sharptooth]

You don't need to reserve the right to amend, that is contained already in the rules of procedure. In fact, you have an obligation to do so if info changes, etc. We can help you with the answers, but I suggest requesting an extension of time, 30 days, which is routinely granted. That takes you past the ruling on your motion. If it is granted, the case is over and there is no need to file answers. I hope you included the evidence we mentioned.

Thanks legaleagle I hope that it doesn't make a difference that I left that in there I just returned from the post office after mailing the admissions this was my answer to all the admission requests.

I have no information or belief on the subject and on that basis, DENY.

I didn't know I could ask for extension or I probably would have.

The evidence I provided was a page from my credit report that showed a delinquency of 05/2005, a copy of the front page of the first document filed with the court that included the date 12/2011 and the copy of the certificate of service dated 08/2011

I hope that was enough

Here is the motion redacted

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF CLARK

IN THE MATTER OF: )

)

MIDLAND FUNDING LLC ) NO. xxxxxxxxxx

)

PLAINTIFF, ) DEFENDANT’S MOTION FOR

) DISMISSAL

vs. ) STATUTE OF LIMITATION

)

ME )

)

DEFENDANT. )

To: MIDLAND FUNDING LLC, Plaintiff; and

To: Clerk of the Court.

COMES NOW Defendant, ME, pursuant to Rules CR 41(4)(, CR 52(2)© hereby moves this

court to dismiss the above titled case with prejudice due to timed barred limitation.

DECLARATION

Plaintiff suit is beyond the Statute of Limitation of 6 years in this state. RCW 4.16.005

More than six years have passed since delinquency and filing of this lawsuit.

SUPPORTING EVIDENCE

Exhibit A: Page #15 from MY credit report showing date of 05/2005 delinquency

Exhibit B: Page #1 of SUMMONS

Exhibit C: Page #1 of NOTE FOR MOTION DOCKET, first document, in this case, filed with Clerk.

Exhibit D: DECLARATION OF SERVICE of SUMMONS

Cut and paste made the formatting a little wacky lol hope its ok

Edited April 6, 2012 by sharptooth
adding the motion I filed

[sharptooth]

Are you not getting this dismissed for statute of limitations. Why don't you get that motion ruled on before you go any further. Move to stay the discovery process until the court rules on the motion to dismiss.

Thanks for responding Coltfan. Yes I have a court date for the dismiss motion near the end of the month as I said in reply to legaleagle I didn't know I could put a hold on discovery but knew that if I waited any longer my admissions would be late and I worried that would be a possible problem.

I have not returned their requests for documents yet though because I'm still trying to figure out how to word the necessary objections for all the checking account stuff they want. Other than that the only documents related to this I have are the ones they sent me. Do I need to copy those and send them back?

Do I need to stay the rest of discovery? How do I do that?

Thanks

Edited April 6, 2012 by sharptooth

[BV80]

Even though the statements may have your name and address, statements that show no charges or payments don't prove that you opened the account.

For some (or all) of their admissions, you might state:

Defendant has insufficient information to admit or deny and, therefore, must deny. Defendant is currently searching his records.

For some of the doc requests, you might state:

Defendant is searching his records. Until such documentation is located, Defendant must deny this request.

Those are responses from an attorney to a JDB debt collection lawsuit. I found this case at the courthouse.

Regarding your inclusion of a copy of your credit report, you may need to include an affidavit that it's a true and correct copy provided by _________(whichever agency). An affidavit must be notarized.

[sharptooth]

Even though the statements may have your name and address, statements that show no charges or payments don't prove that you opened the account......

......Regarding your inclusion of a copy of your credit report, you may need to include an affidavit that it's a true and correct copy provided by _________(whichever agency). An affidavit must be notarized.

Thanks BV80 I will get an affidavit thats a great piece of advice. Can I just take it with me to court for the motion hearing, or do I need to do something else?

Can S&H argue the motion or is it a matter of law the judge has to go with?

All you folks are great with all the help. Thanks so much

[BV80]

What's the subject of the motion hearing? I must have missed something.

[sharptooth]

What's the subject of the motion hearing? I must have missed something.

Motion to Dismiss body posted on page one of this thread

Thanks

[BV80]

Thanks BV80 I will get an affidavit thats a great piece of advice. Can I just take it with me to court for the motion hearing, or do I need to do something else?

Can S&H argue the motion or is it a matter of law the judge has to go with?

All you folks are great with all the help. Thanks so much

I would assume S&H can argue against a motion. If you've already included a copy of your CR with your motion to dismiss, I might go ahead and send a copy of the affidavit to S&H, and also file a copy with the court. I'm really not sure of the procedure in that situation.