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Bill of sale from OC to JDB


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I think the JDB attorney is trying to mess with my head. Two days ago, they requested a 30-day extension on my 2nd request for POD which was simply requesting document(s) that show they were entitled to collect on the alleged debt. (I checked casenet, and it doesn't show that the judge granted their request.)

Then yesterday, I received from them a "Bill of Sale", dated 12/29/10 which has no names, no account numbers and basically just says that the JDB bought the accounts defined in the "Agreement", yet they redacted the Agreement, and redacted the date of the Agreement.

Do I need to object to this evidence? Also, since the judge didn't grant their 30-day extension, and we aren't waiting for any more discovery, so I go ahead and file a Motion for Summary Judgment, or wait the 30 days?

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If the judge grants the extension, most definitely object to the BOS. They expect a redacted document with no specific information to prove their case?

"The party must show clearly through a valid assignment it is the rightful owner of the account at issue." CACH, LLC, v. Askew, Mo: Supreme Court 2012

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  • 1 month later...
If they gave you everything you asked for, file an objection to the extension as unnecessary. Otherwise, hit them with admissions based on their crappy evidence.

I sent them Defendant's Request for Admissions Directed to Plaintiff on 4/26/12. No response until 5/30/12 when they sent me a Request for Additional Time (which still has not been filed with the court). What do I do now? File an objection to their request since it is the 2nd request for additional time for discovery? Go ahead and file a Motion to Compel Discovery?

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If it was production of documents then I'd give an extension. Admissions? I'd file a motion to have the admissions deemed admitted.

Do I need to send them a notice of intent to file a motion to have the admissions deemed admitted, like I would on a motion to compel discovery?

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Do I need to send them a notice of intent to file a motion to have the admissions deemed admitted, like I would on a motion to compel discovery?

Since it's a motion, I would think so, but see what's stated in your court rules.

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I could be wrong, but I think the OP was asking about sending a notice to the Plaintiff's attorney to let them know that a motion is being filed to deem the admissions admitted. If the OP files such a motion, does he/she have to let the Plaintiff know such a motion has been filed? That's why I stated to check the court rules.

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So, I need to file an intent to file a motion to have admissions deemed as admitted 10 days before I actually file the motion, right?

In a previous case, I had to file an intent to file a motion to compel before I filed the actual motion. Our Missouri Civil Rules of Procedure has a rule that specifically applies to motions to compel discovery requiring an intent, memorandum of law, and a statement of facts, but nothing about any other motions. Is the motion to have admissions deemed considered a form of a motion to compel?

Edited by cyndi101
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So, I need to file an intent to file a motion to have admissions deemed as admitted 10 days before I actually file the motion, right?

In a previous case, I had to file an intent to file a motion to compel before I filed the actual motion. Our Missouri Civil Rules of Procedure has a rule that specifically applies to motions to compel discovery requiring an intent, memorandum of law, and a statement of facts, but nothing about any other motions. Is the motion to have admissions deemed considered a form of a motion to compel?

According to your rules, one can file motions for interrogatories and production of documents as long as you give notice of the motion to the other party. But, there was nothing about motions and notices for admissions. So I'm wondering if you can even file a motion to have the admissions deemed admitted.

You need to find out exactly how and when admissions are deemed admitted.

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Generally speaking you have to warn the other side that you are going for a motion to compel or to deem admitted. It's like a final way of saying are you really going to make me get the judge involved or will you cooperate.

I don't know of any state where you can't file to deem the admissions admitted. If you could not file to have them deem admitted when not properly answered, then nobody would ever answer them. What would be the point?

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So, I need to file an intent to file a motion to have admissions deemed as admitted 10 days before I actually file the motion, right?

In a previous case, I had to file an intent to file a motion to compel before I filed the actual motion. Our Missouri Civil Rules of Procedure has a rule that specifically applies to motions to compel discovery requiring an intent, memorandum of law, and a statement of facts, but nothing about any other motions. Is the motion to have admissions deemed considered a form of a motion to compel?

I once filed a motion to deem admissions admitted. I was not required to "notify" the plaintiff - in my state. They simply got a copy in the mail.

However, prior to filing it, I was required to "warn" them that if I did not receive the request for admissions within the stated time parameters, I would be filing the motion.

As we know, court is biased against us. The day before court, I received the admissions. Though they were 18 days late, the judge allowed it. I hear this is typical. Of course, if it were us who did not return the admissions, they would be admitted.

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Generally speaking you have to warn the other side that you are going for a motion to compel or to deem admitted. It's like a final way of saying are you really going to make me get the judge involved or will you cooperate.

I don't know of any state where you can't file to deem the admissions admitted. If you could not file to have them deem admitted when not properly answered, then nobody would ever answer them. What would be the point?

I would think the OP could file such a motion, but I'm just going by what was NOT in the rules. I just don't want the OP to file an improper motion. That's why I suggested she find out for sure.

If you could not file to have them deem admitted when not properly answered, then nobody would ever answer them.

The rule states that if they're not answered, they're deemed admitted. That's why you answer them.

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