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No affiant affidavit attached to Citi lawsuit


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Hello all, i have been reading posts every day for several months now which has helped me prepare for 2 lawsuits i am fighting. Some very good answers i might add. I am in agreement with Coltfans take on affirmative defenses. :)

1st suit is with xxxxxxBank. I am in the middle of that suit and recently filed a motion to compel discovery and to have admissions admitted after 37 days and no answer from OC atty/xxxxxxx.

My most recent suit is xxxx/Bank. My question to this forum is why xxxxx did not attach an affiant's affidavit to their petition? The only attachments were 3 or 4 account statements along with some declaration statement that xxxxBank had merged. I've seen a lot of posts where xxxxBank Atty's had affidavits attached to the suits. There were indeed a lot of discovery questions and rogs. I am filing discovery requests from plaintiff and my own discovery requests this Wednesday/4/18 and was wondering if they plan to hold back affiant info to see if i request it?

Thanks and all help appreciated.

Edited by texbest
so O/C cannot determine source
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Hello all, i have been reading posts every day for several months now which has helped me prepare for 2 lawsuits i am fighting. Some very good answers i might add. I am in agreement with Coltfans take on affirmative defenses. :)

1st suit is with Ge Capital Retail Bank. I am in the middle of that suit and recently filed a motion to compel discovery and to have admissions admitted after 37 days and no answer from OC atty/Fulton friedman & Gullace.

My most recent suit is Citi/Allen Adkins. My question to this forum is why Allen Adkins did not attach an affiant's affidavit to their petition? The only attachments were 3 or 4 account statements along with some declaration statement that Citi had merged. I've seen a lot of posts where Citi Atty's had affidavits attached to the suits. There were indeed a lot of discovery questions and rogs. I am filing discovery requests from plaintiff and my own discovery requests this Wednesday/4/18 and was wondering if they plan to hold back affiant info to see if i request it?

Thanks and all help appreciated.

I wouldn't request an affidavit. They should know to provide one. In fact, if they file a motion for summary judgment, they may include an affidavit at that time.

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Here you go, these are tailored for Citi. They won't have a clue as to what you're going for, which is good for you. No affidavit? Good for you. Before trial file a motion to preclude anything you asked for and was not produced. See my posts about Citi.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

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No BV80, Legaleagle gave some advice on filing a motion pre-trial to preclude anything i ask for in discovery that wasn't produced. Should that motion be filed after i receive a msj with the affidavit attached, if attached?

Thanks again GV80 and Leagleagle.

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