notyou2 Posted August 24, 2012 Report Share Posted August 24, 2012 This was a question on the Request for Admissions from a JBD here in California:Admit that all conditions precedent to payment of the unpaid principal balance due on your Bank VISA, account number XXX have been performed, satisfied, or extinguished.They did include one of my old statements that showed my name and address. What are they actually asking here? Link to comment Share on other sites More sharing options...
Coltfan1972 Posted August 24, 2012 Report Share Posted August 24, 2012 Bank Visa folks 100% satisified their end of the bargin. Link to comment Share on other sites More sharing options...
notyou2 Posted August 24, 2012 Author Report Share Posted August 24, 2012 Thanks Coltfan! Link to comment Share on other sites More sharing options...
debtorshusband Posted August 24, 2012 Report Share Posted August 24, 2012 You might want to Deny, since Admitting would include admitting that there's an unpaid balance.You might also consider Objecting, on the grounds that the request is compound in nature in violation of the Code of Civil Procedure.Regards,DH Link to comment Share on other sites More sharing options...
unemployednomore Posted August 24, 2012 Report Share Posted August 24, 2012 Are they really using the word "precedent" in the right way? Link to comment Share on other sites More sharing options...
notyou2 Posted August 24, 2012 Author Report Share Posted August 24, 2012 You might want to Deny, since Admitting would include admitting that there's an unpaid balance.You might also consider Objecting, on the grounds that the request is compound in nature in violation of the Code of Civil Procedure.Regards,DHHow about this:"Defendant lacks sufficient knowledge to truthfully admit or deny and therefore must deny."Although I like your objection. Maybe I will go with that. Link to comment Share on other sites More sharing options...
BrunoTheJDBkiller Posted August 24, 2012 Report Share Posted August 24, 2012 Admit that all conditions precedent to payment of the unpaid principal balance due on your Bank VISA, account number XXX have been performed, satisfied, or extinguishedOBJECTION Calls for a legal conclusion based upon undefined terms. Defendant has no clue as to what conditions plintiff refers to, nor any way to determine what "satisfaction" or "performed" means. Link to comment Share on other sites More sharing options...
My~Cuz~n~Vinny~ Posted August 25, 2012 Report Share Posted August 25, 2012 (edited) Admit that all conditions precedent to payment of the unpaid principal balance due on your Bank VISA, account number XXX have been performed, satisfied, or extinguished.Looks like a trick question. In plain english I think they are saying...Hey...do you admit that before you paid on your unpaid balance you paid as agreed?Did you sign an agreement that says you owe any certain amount? No?Deny. Defendant has no unpaid balance due and owing.There is no agreement whereas an accord for any amount is agreed to be due and owing between parties.I am a newbie here too,so take what I say with a grain of salt. Edited August 25, 2012 by My~Cuz~n~Vinny~ Link to comment Share on other sites More sharing options...
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