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Need help answering Request for Admissions & Production of Docs (Oregon)


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I know others have asked for help on these, and I've been reading several of those threads, but the "requests" I'm getting are slightly different.

Some background - I denied all allegations outlined in the Complaint mostly based on "lack of information", as there were no account numbers or documents or anything in/with the Complaint to confirm this is even my account.

Three days after my Answer was filed, I received from JBD's lawyer a "First Set of Requests for Admissions" and "First Request for Production of Documents". Here is what they are asking:

REQUEST FOR ADMISSIONS

1. Admit that you had a credit account with (Original Creditor)

2. Admit that you received a copy of the terms for the credit account.

3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the Account.

4. Admit that you used the Account to obtain goods, services, or money.

5. Admit that you received periodic statements from (Original Creditor) regarding your account.

6. Admit tht you did not object in writing to any charges or fees on the Account within the 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee.

7. Admit that you stopped making payments on the account.

8. Admit that you were notified that your account was in default.

9. Admit that you are indebted to the Plaintiff, the lawful assignee of (Original Creditor), for the full current Account Balance stated above.

10. Admit that you have no evidence to disprove or defend against Plaintiff's claims in the action.

11. Admit that under the terms of your agreement with the (Original Creditor), you agreed to pay interest at the rate stated in the Complaint on the principal balance of your account, plus any additional court costs incurred to enforce the agreement.

REQUEST FOR PRODUCTION OF DOCUMENTS

1. Any documents that relate or refer to the Plaintiff's claims or your defenses in this action.

2. Any agreements, applications, statements, receipts, proofs of payment or other documents related to the Account.

3. Any correspondence with (Original Creditor) or the Plaintiff regarding the Account or this Action.

4. Any correspondence with anyone related to this Account, including without limitation, witnesses, professionals, and experts (whether they have been retained to testify or not)/

5. Any documents you may present as evidence or exhibits in a trial of this Action.

6. Any reports or exhibits prepared by any expert or lay witnesses pertaining to this Action.

It is interesting to note that they actually included an account number in these requests this time, but of course nothing else to prove that this is my account, or that Plaintiff owns this account.

Also - the day after I received these "requests", I received a letter from the JDB's lawyer wanting me to call him to talk about "settling" (which I previously attempted to do, but they rejected my offer). I can't afford the full balance to settle, nor can I afford a lawyer because I am currently unemployed.

I chose to fight this because I was encouraged by all of the info and stories on this forum - but I'm wondering if I can really succeed. I technically have very little defenses - I'm really just relying on "lack of standing". Is that going to be enough?

So any/all help is appreciated! How do I respond to these "requests"? How do I find out if their requests comply with Oregon Law?

DT

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They didn't send any evidence with the requests. Nor was there anything attached to the Complaint.

On the "requests", they included the account number under "DEFINED TERMS" where they defined the "Account". The account number was NOT included in the original Complaint.

It was easy for me to deny the allegations in the Complaint because without an account number (they only referenced an OC and an alleged balance), there was really no proof that this was an account connected to me.

But now that they have included the account # on the requests, I can't totally deny the existence of that account. But they still have not produced any actual evidence - just the account number.

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Doesn't the court still have to "rule" on the Answer & Motion to Dismiss that I previously filed? Am I not entitled to have the court's response to that BEFORE I have to answer the Admissions request?

It seems to me they shot out the Request for Admissions extremely fast so that I would be forced to "admit" something before the court addressed my request for dismissal.

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When was the default on this alleged debt? The SOL in Oregon is six years. How far are you from that, or are you past it? You stand a good chance of beating this, listen to BE and Colt, Calawyer and others. Don't pay a penny until you decide on what your going to do as you can reset the SOL.

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The account number was referenced in requests for admissions? So what? There is no account number in the complaint, so how are you supposed to know what this other number is? It doesn't matter anyway. I could steal your garbage and get your account number then claim I bought it and sue you. What they have to prove is that they legally own the account, by producing admissible evidence. Theoretically you could admit to all of this except 9 and 10 and it wouldn't matter at all unless the JDB can prove they own the account. They rarely can, and they usually quit when they encounter resistance. It isn't in their business model (or IQ range) to fight in court.

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Legal is correct. So what if they provided an account number? They've provided nothing else to go along with it. For #1, I might state:

Denied. Defendant has no knowledge of the alleged account.

I would then simply deny 2 - 5.

Here's some suggestions for the other admissions:

6. Objection. Plaintiff's admission request is based upon the assumption that Defendant admits liability in this matter. Defendant has denied knowledge of the account. Based upon the foregoing, Defendant denies.

7. Same as #6.

8. Objection. Plaintiff refers to the account as "your" account but has provided no evidence to support support that reference. Defendant has denied knowledge of the alleged account. Based upon the foregoing, Defendant denies.

9. Denied.

10. Denied.

11. Objection. In this admission, Plaintiff refers to "your agreement with _______". Defendant has denied knowledge of the account but has provided no evidence to support that reference. Based upon the foregoing, Defendant denies.

Tweaks are welcome and appreciated. :)

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Thanks for all the advice. So basically this is about denying everything until they can actually provide some real evidence and proof.....and show them I'm willing to fight it to the finish.

What about the request for documents? Since I'm denying everything the the request for admissions, how do I respond to request for docs? Just say "what docs"?

Not that I have anything anyway. I never received anything from the JBD till the Complaint, and pretty sure anything from the OC has been destroyed.

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