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RTP and Admissions used in my LVNV case


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Posting my RTP and admissions for SAHM1998 as they requested them, if anyone wants to critique feel free.

DEFENDANT, CHEVY10’S FIRST

REQUEST FOR PRODUCTION OF DOCUMENTS

Comes now the Defendant, CHEVY10, Pro Se, pursuant to Rules 1.280 and 1.350 of the Florida Rules of Civil Procedure, and requests Plaintiff to produce the documents listed herein for inspection and/or copying at the Defendants place of residence, CHEVY10'S ADDRESS, within the time allowed by law. Should a document requested not exist please state as much in the response.

IN RESPONSE TO THIS REQUEST FOR PRODUCTION OF DOCUMENTS, PLAINTIFF MAY MAIL OR OTHERWISE PROVIDE DEFENDANT WITH TRUE AND CORRECT COPIES OF THE DOCUMENTS REQUESTED HEREIN.

DEFINITIONS

A. “Plaintiff” – The term “Plaintiff” refers to LVNV FUNDING LLC.

B. “Defendant” – The term “Defendant” refers to CHEVY10, an individual.

C. The word “documents” as used herein includes all written, typed, printed, or reproduced matter, pictures, drawings, or diagrams of every nature whether inscribed by hand or by some mechanic, electronic, photographic, or other means, and also includes recordings and other means of providing sound reproductions of oral statements and conversations, which are in the possession, custody or control of Plaintiff, LVNV FUNDING LLC, or its attorneys or any employee, agent, bailee, custodian, affiliate, subsidiary, or representative of it.

D. If Plaintiff, LVNV FUNDING LLC, intends to claim any privilege recognized in the law against revealing any information which is requested, or producing any document, or in revealing any document, in addition to the foregoing information, state the applicable ones of the following: the date of and participants to any communication; the number of pages of any document, the persons who received such document, the relationship of such person to LVNV FUNDING LLC, whether such document contains facts, opinions, or both; and state the privilege you intend to claim.

E. No demand should be interpreted as an implicit or explicit restriction on any other demand.

F. If still in existence, original documents should be produced and, if not, any copies in existence should be produced.

DOCUMENTS REQUESTED

REQUEST NO. 1: Copies of, and proof of mailing for, any and all communications and/or documents sent to Defendant, at any address, by Plaintiff, stating that LVNV FUNDING LLC is the alleged “assignee” of the alleged account.

REQUEST NO. 2: Copies of any and all affidavits Plaintiff intends to use or may introduce at trial.

REQUEST NO. 3: Copies of any and all documents that are in the Plaintiff's possession, in the immediate custody and/or control of Plaintiff, or readily available to the Plaintiff, that establish the exact date the alleged account went into default.

REQUEST NO. 4: Any contract(s), document(s), or sales slip(s), bearing Defendant’s signature, that are in the Plaintiff's possession, in the immediate custody and/or control of Plaintiff, or readily available to the Plaintiff, that Plaintiff intends to use or may introduce at trial evidencing that the alleged account contained in Plaintiff’s complaint and the account Defendant had at one time with ORIGINAL CREDITOR are one in the same account.

REQUEST NO. 5: Any and all itemized monthly statements, credit card statements, or “business records” that ORIGINAL CREDITOR provided to Plaintiff, that are in the Plaintiff's possession, in the immediate custody and/or control of Plaintiff, or readily available to the Plaintiff, that demonstrate the alleged debt and amount of debt is true and correct which Plaintiff intends to use or may introduce at trial.

REQUEST NO. 6: Any and all documents evidencing any contract, agreement, assignment, or other means from ORIGINAL CREDITOR, or any “predecessor(s)” that allege to show/prove ownership to Plaintiff of the alleged account, that are in the Plaintiff's possession, in the immediate custody and/or control of Plaintiff, or readily available to the Plaintiff, which Plaintiff intends to use or may introduce at trial.

REQUEST NO. 7: Any and all notes, documents, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the current action before this court which Plaintiff intends to use or may introduce at trial.

REQUEST NO. 8: A complete and accurate history of the interest charged on the alleged account, showing the exact dates the interest rates changed and list the various rates that were charged during the history of the alleged debt and the exact method of amortization.

REQUEST NO. 9: Copies of any and all documents, not requested above, that support or evidence all allegations Plaintiff intends to use or may introduce at trial.

REQUEST NO. 10: Provide the name, address, title and telephone number of all witnesses Plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as custodian of the matters to which they may testify.

REQUEST NO. 11: In the event that Plaintiff obtains any documents or other evidence after answering this request that Plaintiff intends to use or may introduce at trial, Plaintiff is to amend this request by providing copies to Defendant.

Respectfully submitted:

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Here are the admissions

DEFENDANT, CHEVY10'S FIRST

REQUEST FOR ADMISSIONS

Comes now the Defendant, CHEVY10, Pro Se, pursuant to Rules 1.280 and 1.370, Florida Rules of Civil Procedure, and requests Plaintiff, admit or deny the truth of the following within the time allowed by law.

DEFINITIONS

A. “Plaintiff” – The term “Plaintiff” refers to LVNV FUNDING LLC.

B. “Defendant” – The term “Defendant” refers to CHEVY10, an individual.

C. The word “documents” as used herein includes all written, typed, printed, or reproduced matter, pictures, drawings, or diagrams of every nature whether inscribed by hand or by some mechanic, electronic, photographic, or other means, and also includes recordings and other means of providing sound reproductions of oral statements and conversations, which are in the possession, custody or control of Plaintiff, LVNV FUNDING LLC, or its attorneys or any employee, agent, bailee, custodian, affiliate, subsidiary, or representative of it.

REQUESTS FOR ADMISSIONS

1. Admit or Deny, that Plaintiff, is not the original creditor, which allegedly extended credit to the Defendant, which such extension of credit is the subject matter of this lawsuit against the Defendant

2. Admit or Deny, there is a written assignment and or bill of sale or other written document, alleging to show the Plaintiff was transferred or assigned ownership of the alleged account which is the subject matter of the Plaintiff's lawsuit against the Defendant.

3. If your answer to admission #2 is admitted, Admit or Deny, that such assignment and or bill of sale or other written document, as described in admission #2 and admitted to in admission #2, is currently, or will be, or is anticipated to be, in the possession, control, or readily obtainable possession of the Plaintiff prior to trial.

4. Admit or Deny, that Plaintiff allegedly purchases defaulted alleged debts and/or accounts as a regular course of business.

5. Admit or Deny, that Plaintiff is not an affiliate or subsidiary of Credit One Bank.

6. Admit or Deny, that Plaintiff does not produce or originate any billing statement records on the behalf of ORIGINAL CREDITOR.

7. Admit or Deny, that the Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, had no records in their possession and/or immediate custody and/or control with Defendant's name, address, phone number, or social security number on any such record.

8. Admit or Deny, that Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, maintained no records that referenced the Defendant in any manner.

9. Admit or Deny, that Plaintiff does not have in its custody, legible copies of any documents with Defendant's signature on it.

10. Admit or Deny, Plaintiff’s witness has no direct, personal, firsthand knowledge of the record keeping procedures and/or practices of ORIGINAL CREDITOR.

11. Admit or Deny, Plaintiff’s witness has no direct, personal, firsthand knowledge that Defendant allegedly defaulted on the alleged account and debt which is the subject matter of this lawsuit.

12. Admit or Deny Plaintiff’s witness does not have in their immediate possession, or custody and control, all records pertaining to the alleged account and debt of the Defendant, which is the subject matter of this lawsuit.

13. Admit or Deny, Plaintiff’s witness does not maintain all the alleged business records for the alleged account and alleged debt, which is the subject matter of this lawsuit.

14. Admit or Deny, Plaintiff’s witness has simply read information off a computer screen, computer generated document, or other documentation that was, electronically or otherwise, provided to Plaintiff by the alleged original creditor, ORIGINAL CREDITOR.

15. Admit or Deny, Plaintiff’s witness is only advised of the alleged balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, firsthand knowledge of the alleged account and alleged debt as it was incurred.

16. Admit or Deny, Plaintiff’s witness is not a business records custodian of ORIGINAL CREDITOR.

17. Admit or Deny, Plaintiff’s witness is only able to testify in regards to the subject matter of this case, based on what “somebody else” advised them or what “somebody else’s” records indicate.

18. Admit or Deny, Plaintiff’s witness has no direct, personal, firsthand knowledge if the information request/provided in the Defendant’s First Request to Produce is in fact true and correct, only that Plaintiff’s witness believes the information is true and correct because “somebody else” said so.

19. Admit or Deny, Plaintiff’s witness cannot attest to the authenticity of the alleged records, in the immediate possession and/or custody of Plaintiff, that were allegedly provided to the Plaintiff by ORIGINAL CREDITOR which allegedly show that Defendant is legally indebted to Plaintiff in the amount of $X,XXX.XX.

20. Admit or Deny, that all records allegedly held by Plaintiff, which allegedly prove Defendant is indebted to the Plaintiff, are not Plaintiff’s own business records which were originated by and kept in the regular course of business by Plaintiff.

21. Admit or Deny, Plaintiff allegedly bought Defendant's alleged defaulted account as part of a bulk sale transaction.

22. Admit or Deny, that Plaintiff does not have in its custody, a written agreement or contract, signed by Defendant, between the Defendant and ORIGINAL CREDITOR.

23. Admit or Deny, that as of the date Plaintiff’s Complaint was drafted, Plaintiff had no evidence admissible at trial that proves Defendant owes the alleged debt.

24. Admit or Deny, that Defendant owes no amount of money whatsoever to Plaintiff for the alleged account which is the subject matter of this action.

25. Admit or Deny, that Defendant is not indebted in any way whatsoever to Plaintiff for any amount of money, for any debt of any type, from any source, as of the date of this request.

Respectfully submitted:

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Thank you coltfan! I based them off what I read on here, specifically some of your I saw during searches.

LOL, I know, I was kidding around. Of course I like them, their mine. That's why I post them though, to hopefully help others and then those help others and on down the line.

You did leave my favorite off-

Admit that you have no more intention of following through with this lawsuit, now that I've fought back, than the man in the moon.

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lol, I can always add that last one in if I get sued again........ or if they comeback for round 2. And yes I the admissions are all Coltfans, I think several if not all the RTPs the more more I think back to the searches I did. I also believe I used your material in my opposition to appearing telephonically, tailored for Florida of course.

Edited by Chevy10
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Sahm1998, keep in mind something else I found, and coltfan feel free to chime in since I remember reading in your posts that you like to save defeating affidavits till the end.

Florida has very strict requirements on whats required from a notary in their Jurat, in statute 117.05 the notary must include whether they personally know or have verified that the person they are notarizing has proven they are who they say they are.

If you wait until a MSJ or trial I would think (coltfan please correct me if my thinking here is flawed) you can get the affidavit stricken (that was one of my strategies) and make a win that much easier as it seems almost no other state has the same requirements as FL on the notary jurat.

See this site, it has the affidavit, the motion used, and the order.

http(colon)//getoutofdebt(dot)org/34546/strategy-on-how-to-defeat-a-motion-for-summary-judgment-in-florida-specifically-and-other-states-generally

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Don't really wait until the end to attack the affidavit as to the legal form of the affidavit. I pretty much just make the affidavit moot by attacking it as hearsay and demanding live witnesses.

I do agree that you need to fully look at your state laws and rules. That is what works for me. You don't want to miss out on a procedural, pre-trial move, and all the sudden find out you conceded that affidavit could be used or it is no longer able to be challenged.

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I'd skip the jurat procedure, all that means is that the notary has to ask you for your ID. Every state has this requirement. The job of the notary is to determine that the person signing is of legal age, appears not to be under duress or any condition that would affect their judgment, and that they sign the documents of their own free will. They have nothing to do with the content of the document.

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