scabbo1 Posted November 9, 2012 Report Posted November 9, 2012 My responses - need some advise on answers to some --REQUESTS FOR ADMISSIONS1. Do you admit that at all relevant times herein, DEFENDANT resided at XXX XXXX , XXXXX, CT?RESPONSE: Deny. Defendant lived at multiple address’ during the relevant period.2. Do you admit that at all relevant times herein, DEFENDANT had a credit card issued by the plaintiff?RESPONSE: Not sure how to answer this.....did I have it ALL the time? No.3. Do you admit that at all relevant times herein, DEFENDANT had a credit card with an account # ############?RESPONSE: Denied.4. Do you admit that DEFENDANT used the CITIBANK, N.A. credit card #############?RESPONSE: ??? Did I use it - well it was my card.5. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, interestapplied to any unpaid balances?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “terms.” Responding Party further objects on the ground that it is overly broad and in that it is not limited in time.6. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, late chargesapplied to this account in the event that DEFENDANT did not pay the credit card for account # ############xxxx?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “terms” and “late Charges” Responding Party further objects on the ground that it is overly broad and in that it is not limited in time.7. Do you admit that DEFENDANT, agreed to the terms of the CITIBANK, N.A. credit card for account #############xxxx?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “terms.”8. Do you admit that DEFENDANT, or persons with authorization from defendant, charged items to CITIBANK, N.A. credit card account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff's complaint is utterly devoid of any complete factual information regarding the alleged debt and any agreement giving rise to the alleged debt. For that reason, defendant has asked plaintiff to respond to a BOP setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, and all credits that were made to the account. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.9. Do you admit that DEFENDANT owed plaintiff $11,926.89 as of SEPTEMBER 27,2011 for charges, balance transfers, cash advances and/or other applicable fees or charges to this credit card that were unpaid by defendant?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “this credit card.” Responding Party further objects on the ground that it is compound in that it is seeking four separate requests in violation of the Code of Civil Procedure.10. Do you admit that DEFENDANT has made payments against the balance due and owing on this account?RESPONSE: Same as #8.11. Do you admit DEFENDANT has no bona fide defense to the collection of the CITIBANK, N.A.credit card account # ############xxxx?RESPONSE: Denied.12. Do you admit that you were sent monthly statements setting forth the charges and credits to this account, as well as the balance due and owing?RESPONSE: Same as #8.13. Do you admit that you received these monthly statements?RESPONSE: Same as 12.14. Do you admit that attached hereto as Exhibit 1 is/are a true and correct copies of the DEFENDANT's monthly statement(s) for the CITIBANK, N.A. credit card?RESPONSE: Denied. Defendant has no way of knowing whether the documents attached as EXHIBIT 1 are “true and correct”.15. Do you admit that you received a final statement on this account indicating a balance due and owing?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “final statement.”16. Do you admit that attached hereto Exhibit 2 is a truecorrect copy. of Defendants agreement with CITIBANK, N .A.for the credlt card #XXXXXXXX.RESPONSE: THIS was stamped with a huge NO RESPONSE REQUIRED - assuming that's why they did not attach agreement.17. Do you admit that, when you made purchases with this credit card, you signed receipts indicating your agreement to pay for the charges to this account according to the credit card terms?RESPONSE: Same as #8.18. Do you admit that you were provided with a copy of the receipts for purchases with your credit card as described in No. 17 above at the time of each transaction?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.and19. Do you admit that no additional charges for interest or fees have been added to the balance due and owing since the date of the charge off of this debt?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.20. Do you admit that DEFENDANT has no evidence to support the denial of the allegations of plaintiff's complaint herein?RESPONSE: Denied.21. Do you admit that DEFENDANT, has never disputed in writing the charges made to this credit card account?RESPONSE: Same as #8.22. Do you admit that, before this action was commenced, you never disputed the balance due and owing on this account?RESPONSE: Denied.23. Do you admit that you did not object to the monthly statements at any time prior to the commencement of this action?RESPONSE: Not sure if I ever did object????24. Do you admit that DEFENDANT is personally responsible for payment of this account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.25. Do you admit that the terms of the CITIBANK, N.A. credit card agreement provide for the payment of plaintiff's reasonable attorney's fees and costs in the event of a default and action to collect this debt?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.26. Do you admit plaintiff is the owner of this debt and has the right to enforce this debt against DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.27. Do you admit that you have made no payments against the balance due and owing since the commencement of this action?RESPONSE:28. Do you admit that plaintiff paid the charges that you made to this credit card account in the ordinary course of its business without knowledge of any objection to the charges from DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.Thanks for any/all input in advance!!!
BrunoTheJDBkiller Posted November 9, 2012 Report Posted November 9, 2012 CT PB 13-22 (a) states in part:Copies of documents shall be served with the request unless they have been or areotherwise furnished or made available for inspection and copying.If the documents referenced were not included, this is a valid objection. Sec. 13-23. —Answers and Objections toRequests for Admission (a) Each matter of which an admission is requested is admitted unless, within thirty days after the filing of the notice required by Section13-22 (, or within such shorter or longer time as the judicial authority may allowI suggest filing for the extension, your answers are pretty bad. HLS is a crap outfit, but they will jump all over you for answers like this. Saying you have to speculate as to the meaning of simple everyday language is not going to get you anywhere except maybe sanctioned. For instance, number 8 has a half dozen arguments, all of which are invalid.defendant has asked plaintiff to respond to a BOP There is no BOP in your state. I suggest you read Ch 13, Discovery.
scabbo1 Posted November 9, 2012 Author Report Posted November 9, 2012 Thanks Bruno - feel like such a newbie at this and not comfortable at all.Will file for the extension.
scabbo1 Posted November 9, 2012 Author Report Posted November 9, 2012 (edited) Bruno - how does my motion for extension look?Motion was Granted________________________________ME Edited December 6, 2012 by scabbo1 wrong section, rewrite CT practice book
scabbo1 Posted December 5, 2012 Author Report Posted December 5, 2012 Motion for Extension was granted. My revised response to admissions is below - please help/check if I've made any errors this time out - thanks all! Was unsure of how to answer Question's #4,10. REQUESTS FOR ADMISSIONS1. Do you admit that at all relevant times herein, DEFENDANT resided at XXX CT?RESPONSE: Deny. Defendant lived at multiple addresses during the relevant period. 2. Do you admit that at all relevant times herein, DEFENDANT had a credit card issued by the plaintiff?RESPONSE: Deny 3. Do you admit that at all relevant times herein, DEFENDANT had a credit card with an account # ############xxxx?RESPONSE: Deny 4. Do you admit that DEFENDANT used the CITIBANK, N.A. credit card #############xxxx?RESPONSE: Admit 5. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, interestapplied to any unpaid balances?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 6. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, late chargesapplied to this account in the event that DEFENDANT did not pay the credit card for account # ############xxxx?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 7. Do you admit that DEFENDANT, agreed to the terms of the CITIBANK, N.A. credit card for account #############xxxx?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 8. Do you admit that DEFENDANT, or persons with authorization from defendant, charged items to CITIBANK, N.A. credit card account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. For that reason, defendant has asked plaintiff to respond to a Request for Production setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, and all credits that were made to the account. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 9. Do you admit that DEFENDANT owed plaintiff $11,926.89 as of SEPTEMBER 27,2011 for charges, balance transfers, cash advances and/or other applicable fees or charges to this credit card that were unpaid by defendant?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. Responding Party further objects on the ground that it is compound in that it is seeking four separate requests in violation of the Code of Civil Procedure. 10. Do you admit that DEFENDANT has made payments against the balance due and owing on this account?RESPONSE: Admit - should I admit this at this point?? 11. Do you admit DEFENDANT has no bona fide defense to the collection of the CITIBANK, N.A.credit card account # ############xxxx?RESPONSE: Denied. 12. Do you admit that you were sent monthly statements setting forth the charges and credits to this account, as well as the balance due and owing?RESPONSE: Admit. 13. Do you admit that you received these monthly statements?RESPONSE: Admit. 14. Do you admit that attached hereto as Exhibit 1 is/are a true and correct copies of the DEFENDANT's monthly statement(s) for the CITIBANK, N.A. credit card?RESPONSE: Denied. Defendant has no way of knowing whether the documents attached as EXHIBIT 1 are “true and correct”. 15. Do you admit that you received a final statement on this account indicating a balance due and owing?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 16. Do you admit that attached h~~tf~~~.EXhibit 2 is a truecorrect copy. of DE~S;::SP~'i!Jh CITIBANK, N .A.for the credlt car~~~Ju~~RESPONSE: NOT REQUIRED - has a huge stamp on the doc. 17. Do you admit that, when you made purchases with this credit card, you signed receipts indicating your agreement to pay for the charges to this account according to the credit card terms?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 18. Do you admit that you were provided with a copy of the receipts for purchases with your credit card as described in No. 17 above at the time of each transaction?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. and19. Do you admit that no additional charges for interest or fees have been added to the balance due and owing since the date of the charge off of this debt?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 20. Do you admit that DEFENDANT has no evidence to support the denial of the allegations of plaintiff's complaint herein?RESPONSE: Denied.21. Do you admit that DEFENDANT, has never disputed in writing the charges made to this credit card account?RESPONSE: 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. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 22. Do you admit that, before this action was commenced, you never disputed the balance due and owing on this account?RESPONSE: Denied. 23. Do you admit that you did not object to the monthly statements at any time prior to the commencement of this action?RESPONSE: Denied. 24. Do you admit that DEFENDANT is personally responsible for payment of this account?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 25. Do you admit that the terms of the CITIBANK, N.A. credit card agreement provide for the payment of plaintiff's reasonable attorney's fees and costs in the event of a default and action to collect this debt?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 26. Do you admit plaintiff is the owner of this debt and has the right to enforce this debt against DEFENDANT?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 27. Do you admit that you have made no payments against the balance due and owing since the commencement of this action?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 28. Do you admit that plaintiff paid the charges that you made to this credit card account in the ordinary course of its business without knowledge of any objection to the charges from DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Thanks again everyone for your help with this.
BrunoTheJDBkiller Posted December 5, 2012 Report Posted December 5, 2012 Motion for Extension was granted. My revised response to admissions is below - please help/check if I've made any errors this time out - thanks all! Was unsure of how to answer Question's #4,10. REQUESTS FOR ADMISSIONS1. Do you admit that at all relevant times herein, DEFENDANT resided at XXX CT?RESPONSE: Deny. Defendant lived at multiple addresses during the relevant period.You can object to this as vague. "Relevant times herein" is not defined. 2. Do you admit that at all relevant times herein, DEFENDANT had a credit card issued by the plaintiff?RESPONSE: DenySame thing, any question using this term without defining it is objectionable 3. Do you admit that at all relevant times herein, DEFENDANT had a credit card with an account # ############8848?RESPONSE: Deny 4. Do you admit that DEFENDANT used the CITIBANK, N.A. credit card #############8848?RESPONSE: AdmitYou can't deny having the card and then admit to using it 5. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, interestapplied to any unpaid balances?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.They are obligated to attach any documents they reference so you can review them. Unless they attached a cardholder agrement to the discovery, you can object. This is in yor discovery rules. Same for any other request that references something that you'd need the agreement for, late charges, etc. Objecting is better, it makes more work for them and they probably won't do it. This firm is incompetent. 6. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, late chargesapplied to this account in the event that DEFENDANT did not pay the credit card for account # ############8848?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 7. Do you admit that DEFENDANT, agreed to the terms of the CITIBANK, N.A. credit card for account #############8848?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 8. Do you admit that DEFENDANT, or persons with authorization from defendant, charged items to CITIBANK, N.A. credit card account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. For that reason, defendant has asked plaintiff to respond to a Request for Production setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, and all credits that were made to the account. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 9. Do you admit that DEFENDANT owed plaintiff $11,926.89 as of SEPTEMBER 27,2011 for charges, balance transfers, cash advances and/or other applicable fees or charges to this credit card that were unpaid by defendant?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. Responding Party further objects on the ground that it is compound in that it is seeking four separate requests in violation of the Code of Civil Procedure. You didn't object, so you can't "further object." One or the other. Oh, and don't call it the code of civil procedure. In your state, refer to it as the CT Practice Book and cite the section that applies. 10. Do you admit that DEFENDANT has made payments against the balance due and owing on this account?RESPONSE: Admit - should I admit this at this point?? No. Premature as you don't even know if this is really yours. Besides, they are suing you for NOT paying, not for paying. 11. Do you admit DEFENDANT has no bona fide defense to the collection of the CITIBANK, N.A.credit card account # ############8848?RESPONSE: Denied. 12. Do you admit that you were sent monthly statements setting forth the charges and credits to this account, as well as the balance due and owing?RESPONSE: Admit.Ca't admit to this if you denied having the card 13. Do you admit that you received these monthly statements?RESPONSE: Admit.same 14. Do you admit that attached hereto as Exhibit 1 is/are a true and correct copies of the DEFENDANT's monthly statement(s) for the CITIBANK, N.A. credit card?RESPONSE: Denied. Defendant has no way of knowing whether the documents attached as EXHIBIT 1 are “true and correct”. 15. Do you admit that you received a final statement on this account indicating a balance due and owing?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.Also no "final statement" was attached for review. 16. Do you admit that attached h~~tf~~~.EXhibit 2 is a truecorrect copy. of DE~S;::SP~'i!Jh CITIBANK, N .A.for the credlt car~~~Ju~~RESPONSE: NOT REQUIRED - has a huge stamp on the doc.Also you are not required to validate their evidence and have no way to do so. 17. Do you admit that, when you made purchases with this credit card, you signed receipts indicating your agreement to pay for the charges to this account according to the credit card terms?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.Ask for the charge slips in discovery since they brought it up, watch them squirm 18. Do you admit that you were provided with a copy of the receipts for purchases with your credit card as described in No. 17 above at the time of each transaction?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.same answer and19. Do you admit that no additional charges for interest or fees have been added to the balance due and owing since the date of the charge off of this debt?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 20. Do you admit that DEFENDANT has no evidence to support the denial of the allegations of plaintiff's complaint herein?RESPONSE: Denied.21. Do you admit that DEFENDANT, has never disputed in writing the charges made to this credit card account?RESPONSE: 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. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.There is no legal requirement that any consumer MUST file any such dispute, therefpre the request is improper. If plaintiff knows of any such requirement, he should state the statute that applies. 22. Do you admit that, before this action was commenced, you never disputed the balance due and owing on this account?RESPONSE: Denied.same as above, you are not required to dispute anything. Or, you can say you called them and they kept hanging up on you. 23. Do you admit that you did not object to the monthly statements at any time prior to the commencement of this action?RESPONSE: Denied.same 24. Do you admit that DEFENDANT is personally responsible for payment of this account?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED. 25. Do you admit that the terms of the CITIBANK, N.A. credit card agreement provide for the payment of plaintiff's reasonable attorney's fees and costs in the event of a default and action to collect this debt?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.Like the first few, where is the agreement? Supposed to attach it 26. Do you admit plaintiff is the owner of this debt and has the right to enforce this debt against DEFENDANT?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.If the plaintiff doesn't even know if he owns the debt he sues for, perhaps he should dismiss the case rather than asking the defendant to admit to a ridiculous request 27. Do you admit that you have made no payments against the balance due and owing since the commencement of this action?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.Better left to the trier of fact. 28. Do you admit that plaintiff paid the charges that you made to this credit card account in the ordinary course of its business without knowledge of any objection to the charges from DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Thanks again everyone for your help with this.
scabbo1 Posted December 5, 2012 Author Report Posted December 5, 2012 Bruno great stuff - my revisions: Question 9 - They attached monthly statements which began in 10/06 and the card already had a balance at that point. Can't I object to this one based upon that fact?Question 26 - Is that too much or appropriate? Overall in the CT Practice Book it seems to me that I should be siting Section 13-7 Answers to interrogatories - ie: Object. Per Section 13-7 of the CT Practice Book Plaintiff must provide original documents, terms and/or original contract from original creditor as to validity of said account(s). REQUESTS FOR ADMISSIONS1. Do you admit that at all relevant times herein, DEFENDANT resided at xxx, CT?RESPONSE: Deny. Defendant lived at multiple addresses during the relevant period. 2. Do you admit that at all relevant times herein, DEFENDANT had a credit card issued by the plaintiff?RESPONSE: Deny 3. Do you admit that at all relevant times herein, DEFENDANT had a credit card with an account # ############xxxx?RESPONSE: Deny 4. Do you admit that DEFENDANT used the CITIBANK, N.A. credit card #############xxxx?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 5. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, interestapplied to any unpaid balances?RESPONSE: Object. Per terms of the CT Practice Book Plaintiff must provide original documents, terms and/or original contract from original creditor as to validity of said account(s). 6. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, late chargesapplied to this account in the event that DEFENDANT did not pay the credit card for account # ############xxxx?RESPONSE: Object. Per terms of the CT Practice Book Plaintiff must provide original documents, terms and/or original contract from original creditor as to validity of said account(s). 7. Do you admit that DEFENDANT, agreed to the terms of the CITIBANK, N.A. credit card for account #############xxxx?RESPONSE: Object. Per terms of the CT Practice Book Plaintiff must provide original documents, terms and/or original contract from original creditor as to validity of said account(s). 8. Do you admit that DEFENDANT, or persons with authorization from defendant, charged items to CITIBANK, N.A. credit card account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. For that reason, defendant has asked plaintiff to respond to a Request for Production setting forth the original contract, terms referred to in the complaint, all charges that were allegedly made pursuant to that contract, and all credits that were made to the account. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the CT Practice Book. Based upon the foregoing, Defendant responds as follows: DENIED. 9. Do you admit that DEFENDANT owed plaintiff $11,926.89 as of SEPTEMBER 27,2011 for charges, balance transfers, cash advances and/or other applicable fees or charges to this credit card that were unpaid by defendant?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the CT Practice Book. Based upon the foregoing, Defendant responds as follows: DENIED. 10. Do you admit that DEFENDANT has made payments against the balance due and owing on this account?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 11. Do you admit DEFENDANT has no bona fide defense to the collection of the CITIBANK, N.A.credit card account # ############xxxx?RESPONSE: Denied. 12. Do you admit that you were sent monthly statements setting forth the charges and credits to this account, as well as the balance due and owing?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 13. Do you admit that you received these monthly statements?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 14. Do you admit that attached hereto as Exhibit 1 is/are a true and correct copies of the DEFENDANT's monthly statement(s) for the CITIBANK, N.A. credit card?RESPONSE: Denied. Defendant has no way of knowing whether the documents attached as EXHIBIT 1 are “true and correct”. 15. Do you admit that you received a final statement on this account indicating a balance due and owing?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 16. Do you admit that attached h~~tf~~~.EXhibit 2 is a truecorrect copy. of DE~S;::SP~'i!Jh CITIBANK, N .A.for the credlt car~~~Ju~~RESPONSE: REQUIRED 17. Do you admit that, when you made purchases with this credit card, you signed receipts indicating your agreement to pay for the charges to this account according to the credit card terms?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 18. Do you admit that you were provided with a copy of the receipts for purchases with your credit card as described in No. 17 above at the time of each transaction?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. and19. Do you admit that no additional charges for interest or fees have been added to the balance due and owing since the date of the charge off of this debt?RESPONSE: Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. 20. Do you admit that DEFENDANT has no evidence to support the denial of the allegations of plaintiff's complaint herein?RESPONSE: Denied.21. Do you admit that DEFENDANT, has never disputed in writing the charges made to this credit card account?RESPONSE: There is no legal requirement that any consumer MUST file any such dispute, therefore the request is improper. If plaintiff knows of any such requirement, he should state the statute that applies. 22. Do you admit that, before this action was commenced, you never disputed the balance due and owing on this account?RESPONSE: There is no legal requirement that any consumer MUST file any such dispute, therefore the request is improper. If plaintiff knows of any such requirement, he should state the statute that applies. 23. Do you admit that you did not object to the monthly statements at any time prior to the commencement of this action?RESPONSE: There is no legal requirement that any consumer MUST file any such dispute, therefore the request is improper. If plaintiff knows of any such requirement, he should state the statute that applies. 24. Do you admit that DEFENDANT is personally responsible for payment of this account?RESPONSE: Object. Per terms of the CT Practice Book Plaintiff must provide original documents, terms and/or original contract from original creditor as to validity of said account(s). 25. Do you admit that the terms of the CITIBANK, N.A. credit card agreement provide for the payment of plaintiff's reasonable attorney's fees and costs in the event of a default and action to collect this debt?RESPONSE: Object. Per terms of the CT Practice Book Plaintiff must provide original documents, terms and/or original contract from original creditor as to validity of said account(s). 26. Do you admit plaintiff is the owner of this debt and has the right to enforce this debt against DEFENDANT?RESPONSE: Object. If the plaintiff doesn't even know if he owns the debt he sues for, perhaps he should dismiss the case rather than asking the defendant to admit. – Is this too much?? 27. Do you admit that you have made no payments against the balance due and owing since the commencement of this action?RESPONSE: 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. Plaintiff has yet to provide original documents, and/or original contract from original creditor as to validity of said account(s). Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the CT Practice Book. Based upon the foregoing, Defendant responds as follows: DENIED. 28. Do you admit that plaintiff paid the charges that you made to this credit card account in the ordinary course of its business without knowledge of any objection to the charges from DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.
Flyerfan Posted December 5, 2012 Report Posted December 5, 2012 I would simply put DENY for number one. It is a true denial to the statement and requires no explanation. Let them figure it out. JMO
scabbo1 Posted December 6, 2012 Author Report Posted December 6, 2012 Thanks Flyerfan. Ok I think I'm in good shape with my response for the Request for Admissions. These jokers also in the same Request package hehe asked for Interrogatories and request for Production of documents. For the Interrogatories they have the #1-28 and each question reads the same: If your response to Request for Admission was anything but a complete unqualified admission of said Request for Admission, please state the following:a. Each and every reason for your responseb. Describe each and every witness with information supporting or tending to support your response including the name address and telephone number of each witness; andc. describe each and every document in your possession and control supporting or tending to support your response.Response: 29. Please list each witness you intend to call at the time of and include in your response, the name and address of I each witness, his/her relationship to you, and the testimony which this witness is expected to give at the time of trial.30. Please list each exhibit you intend to offer at the time of trial, and include in your response, a description of the exhibit, the name and address of the person who has possession or control of the exhibit, and the reason why the exhibit will be offered.31. Please list each person you believe has knowledge of the facts herein, and include in your response, the name and address of each person, and a description of the knowledge that this person has about the facts herein.32. If you claim that someone else is responsible for payment of this debt, please list the name and adddress of each person you claim is responsible for payment of this debt, and the reasons why you claim this person is responsible for payment of this debt. And for Request for Production #1-28 all read the same: 1. If your response to Request for Admission 1 was anything but complete unqualified admission of said request for admission please produce each and every document that supports or tends to support your response thereto. Response: 29. Please produce copies of all receipts for credit card transactions with this account which are in your possession. If you have no receipts, please indicate the same below. RESPONSE: 30. Please produce copies of all monthly statements on this credit card account which are in your possession. If you do not have any monthly statements, please indicate the same below. RESPONSE: 31. Please produce copies of any writings which indicate that you disputed any charges or statements on this credit card at any time. If you do not have any writings disputing any charges or statements, please indicate the same below . RESPONSE: 32. Please produce a copy of all exhibits which you intend to offer at the time of trial. If you do not have any exhibits which you intend to offer at the time of trial, please indicate the same below. RESPONSE: Thoughts on how to address some of these?
BrunoTheJDBkiller Posted December 6, 2012 Report Posted December 6, 2012 They don't have to provide originals, but they have to provide whatever document they mention in the request. These are objectionable. If you object, these people don't do anything about it, they don't know how. A credit card statement with an unverified starting balance is also objectionable. Your call, just remember to file a cover sheet if you object. If you don't you still have to file a notice with the court that you have responded to admissions.
scabbo1 Posted December 6, 2012 Author Report Posted December 6, 2012 Bruno - you've been a huge help - thanks. Sorry this may sound dumb. But are you saying that I can object to the request for production and Interrogatories if I respond and file the notice that I have responded to the request for admissions? Sorry I'm a little lost on this. I received all three requests at once and the request for production and Interrogatories are directly related to the request for admission. Again - thanks for your insight. They don't have to provide originals, but they have to provide whatever document they mention in the request. These are objectionable. If you object, these people don't do anything about it, they don't know how. A credit card statement with an unverified starting balance is also objectionable. Your call, just remember to file a cover sheet if you object. If you don't you still have to file a notice with the court that you have responded to admissions.
howucan2 Posted December 6, 2012 Report Posted December 6, 2012 In back of monthly statements there is a disclaimer by Citi It states " please call our customer service before filing a dispute" I found that if they are directing to call then written is not required ! here is what I found interesting , I would demand Citi produce the call in which the account/amount/fees/etc.was disputed. BILLING RIGHTS SUMMARY.In Case of Errors or Questions About Your Bill. If you think your billis wrong or you need more information about a transaction on yourbill, write us at the Customer Service address on this statement assoon as possible. (You may, but are not required to, use the 'Notificationof Disputed Item' form below or a copy of it). We must hear fromyou no later than 60 days after we send you the first bill on which theerror or problem appeared. You can telephone us, but doing so will notpreserve your rights.If you choose to use the form below, please call Customer Service forassistance.If you send us a letter please include the following information:• Your name and account number.• The dollar amount of the suspected error.• Describe the error and explain, if you can, why you believe there isan error. If you need more information, describe the item you areunsure about.• Please be sure all correspondence is signed by the primary cardholder.You do not have to pay any amount in question while we are investigating.But you are still obligated to pay the parts of your bill that arenot in question. While we investigate your question, we cannot reportyou as delinquent on the disputed item or take any action to collectthe amount you question.Special Rule for Credit Card Purchases. If you have a problemwith the quality of goods or services that you purchased with a creditcard, and you have tried in good faith to correct the problem with themerchant, you may not have to pay the remaining amount due on thegoods or services. You have this protection only when the purchaseprice is more than $50 and the purchase is made in your home stateor within 100 miles of your mailing address. (If we own or operate themerchant, or if we mailed you the advertisement for the property orservices, all purchases are covered regardless of amount or locationof purchase.)Notification of Disputed Item-Please call Customer Service before completing this form.Please sign and return this form to the Customer Service address on this statement. Youmay write us or use this form (or a copy). However, if you use this form, you may want torecord the information on the reverse side for your records. Don't mail the form with yourpayment. You authorize us to send any information you provide in connection with thisbilling dispute to the merchant. Please print in blue or black ink. If your card has been lost,stolen or you haven't received it, call Customer Service immediately. Don't use this form.CASE ID:Name (Please Print)Signature/DateAccount ttReference 8 Amount of DisputeMerchantI have examined the charges made to my account and am disputing an item for thefollowing reason:D1. Neither I nor any person authorized by me to use my card made the charge listedabove. In addition, neither I nor anyone authorized by me received the goods andservices represented by this transaction. (If you don't recognize a sale, choosethis option and call Customer Service immediately).CB11D 2. Although I did participate in a transaction with the merchant, I was billed fortransaction(s) totaling $ that I didn't engagein, nor did anyone else authorized to use my card. I do have all my cards in mypossession. Enclosed is a copy of the Authorized sales slip.D 3. I haven't received the merchandise that was to have been shipped to me. Expecteddate of delivery was (mm-dd-yy). I contacted the merchant on_ (mm-dd-yy) and the merchant's response was _.. (In order to assist you, the merchant must be contacted.)D 4. I have (circle one) returned/canceled merchandise on _(mm-dd-yy) because. _. Provide copy of the returnreceipt, postal receipt or proof of refund.D 5. The attached credit slip was listed as a charge on my statement.D 6. I was issued a credit slip for $ on (mm-dd-yy) whichwas not shown on my statement. A copy of my credit slip is enclosed.D 7. Merchandise that was shipped to me arrived damaged and/or defective on_ (mm-dd-yy). I returned it on (mm-dd-yy).Merchant response was _and/or credit slip.D 8. My account was charged $._. Please provide postal receipt_. but I should have been billeddocuments which indicate the correct amount.D 9. Other— Attach letter describing the dispute.Enclosed is a copy of the sales receipt and/or other BC801861000807 (Rev. 8/07)
BrunoTheJDBkiller Posted December 6, 2012 Report Posted December 6, 2012 Bruno - you've been a huge help - thanks. Sorry this may sound dumb. But are you saying that I can object to the request for production and Interrogatories if I respond and file the notice that I have responded to the request for admissions? Sorry I'm a little lost on this.Requests for admissions are under oath and require that you file a notice of response with the court. Just a one pager. you know, the header and case number, then this: DEFENDANT'S NOTICE OF RESPONSE TO REQUESTS FOR ADMISSIONS The defendant in the above titled action hereby serves notice to this honorable court that responses to the Plaintiff's Requests for Admissions have been duly propounded according to the requirements of the CT Practice Book. Add certification at the bottom, you know what that is. No notice is REQUIRED for rogs or production of documents, altho it isn't a bad idea to file one in case they say they never got it. When you send papers to HLS always do it CMRRR unless you have extensive court experience, (they look you up) then they won't try their usual tricks because they know better. If they think you don't know any better they'll try to run you over. You can object to anything they send you......just state the grounds. Wait until you send them discovery, and you'll see what I mean. Everything you ask for will be "vague, burdensome, and oppressive" or "already in the possession of the defendant." And the good old "we'll send it later if we find it." I suggest you use my previous suggestions for responses, you changed them and that does not work for this creditor. See 'My Cuz`n Vinny," I've been working with him in your state. Forget the dispute, this means nothing. Reg Z regulates them, not you. I received all three requests at once and the request for production and Interrogatories are directly related to the request for admission. Again - thanks for your insight.
scabbo1 Posted December 6, 2012 Author Report Posted December 6, 2012 I looked up My Cuz`n Vinny - he has edited most of his posts on this to remove the information. They don't have to provide originals, but they have to provide whatever document they mention in the request. These are objectionable. If you object, these people don't do anything about it, they don't know how. A credit card statement with an unverified starting balance is also objectionable. Your call, just remember to file a cover sheet if you object. If you don't you still have to file a notice with the court that you have responded to admissions. Ok for numbers 5,6,7 per your post above I've reworded the response: Object. Per terms of the CT Practice Book Plaintiff must provide documents. No “terms” were attached for review. 14. Response: Object. Initial monthly statement attached has unverified balance.15. Response: Object. No "final statement" was attached for review. Are these now ok? 27. you posted "Better left to the trier of fact" - don't understand your comment?? Also they defined "all relevant times" as referring to any time during which you has this account in the definitions section of their request.
scabbo1 Posted December 7, 2012 Author Report Posted December 7, 2012 FYI - My Request for Production. 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 legitimacy 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 "unreasonableamount of time." Sent to clerk last week, BUT did I need to include a Notice of Request for Production with this in order to make this an official entry / Start the click ticking on Plaintiff? Thanks - BTW I'm starting to like this fight!
BTO429 Posted December 7, 2012 Report Posted December 7, 2012 My responses - need some advise on answers to some --REQUESTS FOR ADMISSIONS1. Do you admit that at all relevant times herein, DEFENDANT resided at XXX XXXX , XXXXX, CT?RESPONSE: Deny. Defendant lived at multiple address’ during the relevant period.2. Do you admit that at all relevant times herein, DEFENDANT had a credit card issued by the plaintiff?RESPONSE: Not sure how to answer this.....did I have it ALL the time? No. Burden of proof rests with the Plaintiff defendant must respectfully deny3. Do you admit that at all relevant times herein, DEFENDANT had a credit card with an account # ############?RESPONSE: Denied.4. Do you admit that DEFENDANT used the CITIBANK, N.A. credit card #############?RESPONSE: ??? Did I use it - well it was my card. Denied5. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, interestapplied to any unpaid balances?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “terms.” Responding Party further objects on the ground that it is overly broad and in that it is not limited in time. The only way any of these allegations can be proven is for the Plaintiff to present said contract with the defendant signature. Until those stipulations are proven by the Plaintiff the defendant denies these allegations6. Do you admit that, pursuant to the terms of the CITIBANK, N.A. credit card, late chargesapplied to this account in the event that DEFENDANT did not pay the credit card for account # ############xxxx?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “terms” and “late Charges” Responding Party further objects on the ground that it is overly broad and in that it is not limited in time. Burden of proof rests with the Plaintiff, the only way to determine such allegations if for the Plaintiff to produce a contract signed by the defendant that sets forth any terms that the defendant may have agreed to. The defendant respectfully denies.7. Do you admit that DEFENDANT, agreed to the terms of the CITIBANK, N.A. credit card for account #############xxxx?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “terms.” Plaint must prove these allegations by producing a contract that is signed by the defendant. Without a signed contract setting forth any stipulations the defendant would have to speculate, since speculation is not proof of a fact the defendant must deny. 8. Do you admit that DEFENDANT, or persons with authorization from defendant, charged items to CITIBANK, N.A. credit card account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff's complaint is utterly devoid of any complete factual information regarding the alleged debt and any agreement giving rise to the alleged debt. For that reason, defendant has asked plaintiff to respond to a BOP setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, and all credits that were made to the account. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement his answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.9. Do you admit that DEFENDANT owed plaintiff $11,926.89 as of SEPTEMBER 27,2011 for charges, balance transfers, cash advances and/or other applicable fees or charges to this credit card that were unpaid by defendant?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “this credit card.” Responding Party further objects on the ground that it is compound in that it is seeking four separate requests in violation of the Code of Civil Procedure.10. Do you admit that DEFENDANT has made payments against the balance due and owing on this account?RESPONSE: Same as #8.11. Do you admit DEFENDANT has no bona fide defense to the collection of the CITIBANK, N.A.credit card account # ############xxxx?RESPONSE: Denied.12. Do you admit that you were sent monthly statements setting forth the charges and credits to this account, as well as the balance due and owing?RESPONSE: Same as #8.13. Do you admit that you received these monthly statements?RESPONSE: Same as 12.14. Do you admit that attached hereto as Exhibit 1 is/are a true and correct copies of the DEFENDANT's monthly statement(s) for the CITIBANK, N.A. credit card?RESPONSE: Denied. Defendant has no way of knowing whether the documents attached as EXHIBIT 1 are “true and correct”. It is up to the court to determine if said documents are in fact hearsay, or whether they meet the business exception to the hearsay rule, defendant make this determination.15. Do you admit that you received a final statement on this account indicating a balance due and owing?RESPONSE: Responding Party objects to this request on the ground that it is vague, ambiguous, and unintelligible in that Responding Party has to speculate as to the meaning of “final statement.” Denied16. Do you admit that attached hereto Exhibit 2 is a truecorrect copy. of Defendants agreement with CITIBANK, N .A.for the credlt card #XXXXXXXX.RESPONSE: THIS was stamped with a huge NO RESPONSE REQUIRED - assuming that's why they did not attach agreement. same as number 1417. Do you admit that, when you made purchases with this credit card, you signed receipts indicating your agreement to pay for the charges to this account according to the credit card terms?RESPONSE: Same as #8.18. Do you admit that you were provided with a copy of the receipts for purchases with your credit card as described in No. 17 above at the time of each transaction?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.and19. Do you admit that no additional charges for interest or fees have been added to the balance due and owing since the date of the charge off of this debt?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.20. Do you admit that DEFENDANT has no evidence to support the denial of the allegations of plaintiff's complaint herein?RESPONSE: Denied.21. Do you admit that DEFENDANT, has never disputed in writing the charges made to this credit card account?RESPONSE: Same as #8. denied there mere silence of a defendant does not mean there was acceptanceObjection: cardholders cannot be expected to know whether the information in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed to the amount claimed is correct.” Id., at 80. In such a consumer credit case, there must be factual allegations that the cardholder agreed to pay the amount alleged to be due, and these factual allegations must be more than mere silence or the cardholder’s failure to object.“ Target National Bank v. Samanez, Nos. AR07-009777 and AR06-009418, 156 P.L.J. 76 (Allegheny Cty. C.P. December 26, 2007)22. Do you admit that, before this action was commenced, you never disputed the balance due and owing on this account?RESPONSE: Denied. Objection: cardholders cannot be expected to know whether the information in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed to the amount claimed is correct.” Id., at 80. In such a consumer credit case, there must be factual allegations that the cardholder agreed to pay the amount alleged to be due, and these factual allegations must be more than mere silence or the cardholder’s failure to object.“ Target National Bank v. Samanez, Nos. AR07-009777 and AR06-009418, 156 P.L.J. 76 (Allegheny Cty. C.P. December 26, 2007)23. Do you admit that you did not object to the monthly statements at any time prior to the commencement of this action?RESPONSE: Not sure if I ever did object???? objection: cardholders cannot be expected to know whether the information in the monthly statement accurately states what they owe, there cannot be an express or implied agreement that their silence means that they have agreed to the amount claimed is correct.” Id., at 80. In such a consumer credit case, there must be factual allegations that the cardholder agreed to pay the amount alleged to be due, and these factual allegations must be more than mere silence or the cardholder’s failure to object.“ Target National Bank v. Samanez, Nos. AR07-009777 and AR06-009418, 156 P.L.J. 76 (Allegheny Cty. C.P. December 26, 2007)24. Do you admit that DEFENDANT is personally responsible for payment of this account?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.objection: This is not up to the defendant to decide, the Plaintiff filed their suit, burden of proof rests with them to prove such allegations.25. Do you admit that the terms of the CITIBANK, N.A. credit card agreement provide for the payment of plaintiff's reasonable attorney's fees and costs in the event of a default and action to collect this debt?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.Objection: calls for speculation, they only way for this to be proven by the Plaintiff is for the Plaintiff to pruduce a contract that has been signed by the defendant that sets forth these allegations. 26. Do you admit plaintiff is the owner of this debt and has the right to enforce this debt against DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.Objection: Burden of proof rests with the Plaintiff to prove ownership.27. Do you admit that you have made no payments against the balance due and owing since the commencement of this action?RESPONSE: Objection: Burden of proof again rests with the Plaintiff28. Do you admit that plaintiff paid the charges that you made to this credit card account in the ordinary course of its business without knowledge of any objection to the charges from DEFENDANT?RESPONSE: Responding Party lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.Thanks for any/all input in advance!!!
BrunoTheJDBkiller Posted December 7, 2012 Report Posted December 7, 2012 I looked up My Cuz`n Vinny - he has edited most of his posts on this to remove the information. Ok for numbers 5,6,7 per your post above I've reworded the response: Object. Per terms of the CT Practice Book Plaintiff must provide documents. No “terms” were attached for review.Cite the relevant part of the PB so the judge knows that you know your stuff. I gave it to you above in another post. 14. Response: Object. Initial monthly statement attached has unverified balance.15. Response: Object. No "final statement" was attached for review. Are these now ok? 27. you posted "Better left to the trier of fact" - don't understand your comment??It calls for a legal conclusion which is best left to the trier of fact. (the court) How do you know the balance is accurate? It probably isn't. Also they defined "all relevant times" as referring to any time during which you has this account in the definitions section of their request.Oh, okay. Just say you don't have enough info because they didn't attach any docs to their discovery. Avoid the lengthy explanations when you deny, they aren't really necessary. There is no BOP in your state. That's California and a couple of other states. Did you conduct discovery against them? They are vulnerable in a couple of areas.
scabbo1 Posted December 7, 2012 Author Report Posted December 7, 2012 Bruno - I've only requested the following from them. BUT did I need to include a Notice of Request for Production?? Because I did not. FYI - My Request for Production. 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 legitimacy 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 "unreasonableamount of time." Sent to clerk last week, BUT did I need to include a Notice of Request for Production with this in order to make this an official entry / Start the click ticking on Plaintiff? Thanks - BTW I'm starting to like this fight!
BrunoTheJDBkiller Posted December 7, 2012 Report Posted December 7, 2012 It is only required for admissions, it is optional for other forms of discovery. Mostly it is done to establish the date with the court, not really necessary. What did you send to the clerk? Discovery is between parties. The only time you send anything to the court is if you object to discovery requests.
scabbo1 Posted December 10, 2012 Author Report Posted December 10, 2012 Ok - I'm not sure whet's next on my list of steps to take. on 11/15 they filed a MOTION FOR DEFAULT for failure to respond to admissions. I assume they did not realize the court granted my request for extension and since I have filed my admissions response this is cured correct? If that's the case do I file my motion for default on 12/28, 31 days after my request to produce? Just read a few post and assume these are my next steps: If they dont produce documents I file motion for default on 12/28 and after that: 1- Send out my "Defendants Request for Admissions" dependent on Plaintiff's Production Docs.2 - Motions to Strike evidence documents. 3 - Motion to Dismiss based on Plaintiff having not standing and evidence has been struck by Judge4 - Case potentially dismissed
BrunoTheJDBkiller Posted December 10, 2012 Report Posted December 10, 2012 Ok - I'm not sure whet's next on my list of steps to take. on 11/15 they filed a MOTION FOR DEFAULT for failure to respond to admissions. I assume they did not realize the court granted my request for extension and since I have filed my admissions response this is cured correct?First of all, their motion is procedurally incorrect and would be denied out of hand. The proper procedure is to file a motion to have admissions deemed admitted due to a lack of answer. I told you about these people, they are idiots. If this motion is on the short calendar, did they mark it? Did you file an objection? You should. It should be Defendant's Objection to the Plaintiff's Motion for Default. You give your reason and attach the answers you sent them. Also ask for an order demanding that they file with you electronically, that stops this dupicitive conduct this loser firm constantly engages in. That should be a separate motion with an order attached. If that's the case do I file my motion for default on 12/28, 31 days after my request to produce? No, you follow the procedure in the Practice Book for production of documents, different than admissions. It requires a meet and confer then an affidavit / motion if they ignore the meet and confer. Just read a few post and assume these are my next steps: If they dont produce documents I file motion for default on 12/28 and after that: Absolutely not. 1- Send out my "Defendants Request for Admissions" dependent on Plaintiff's Production Docs. Yes, send admissions for the items they did not produce, it doesn't matter what their crappy excuse is. 2 - Motions to Strike evidence documents. No. Stay away from this, you don't know enough to get into this type of motion. It is most likely going to be denied even if you do. You don't understand the legal theory yet for an MTS.3 - Motion to Dismiss based on Plaintiff having not standing and evidence has been struck by Judge Absolutely NOT. Motions to dismiss are procedural only. Read the Practice Book. What evidence was struck by the judge? This sounds wrong. You didn't file a motion to strike and have it granted, did you? Then no evidence has been stricken.4 - Case potentially dismissed Cases are not dismissed because of your argument, which you feel is superior to theirs. That's what trials are for. I know I'm beating up on you a bit, but you don't seem to grasp the basics of what goes on in your state. You will lose badly if you pursue this attitude In your dreams. .
scabbo1 Posted December 11, 2012 Author Report Posted December 11, 2012 Motion is not marked. They did motion for default and request admissions deeded admitted. - ok Filed Objection. Have absolutely no problem with you beating the hell out of me. I'll study up this week and get better at this shorty. Thanks bruno.First of all, their motion is procedurally incorrect and would be denied out of hand. The proper procedure is to file a motion to have admissions deemed admitted due to a lack of answer. I told you about these people, they are idiots. If this motion is on the short calendar, did they mark it? Did you file an objection? You should. It should be Defendant's Objection to the Plaintiff's Motion for Default. You give your reason and attach the answers you sent them. Also ask for an order demanding that they file with you electronically, that stops this dupicitive conduct this loser firm constantly engages in. That should be a separate motion with an order attached.
BrunoTheJDBkiller Posted December 11, 2012 Report Posted December 11, 2012 They are required to have a meet and confer (it can be a letter, phone call, anything) to attempt to resolve the issues before filing motions to deem admitted or anything else. If they did not, and did not include an affidavit so stating, the court will deny them. If the motion is not marked, the court takes no action. Maybe they realized their mistake and did not mark it for that reason. You should send production of documents if you haven't already done so.
scabbo1 Posted December 11, 2012 Author Report Posted December 11, 2012 Thanks Bruno - FYI per your thoughts on another of my threads FYI - My Request for Production. 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 legitimacy 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 "unreasonableamount of time." Sent to clerk last week,
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