Help with 2nd set of admissions for Asset Acceptance in Michigan

[upsman40]

Anyone see any glaring issues with the request for admissions from articles they said they would produce at or bewfore trial!! Thanks

REQUESTS TO ADMIT FACTS

The Defendant requests that the Plaintiff answer the following requests to admit facts pursuant to, and in accordance with, Federal Rules of Civil Procedure 36. If the Plaintiff objects to any requested admission, the reason therefore shall be stated. The Plaintiff's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Plaintiff cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Plaintiff qualify an answer or deny only in part of the matter of which an admission is requested, the Plaintiff shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial of the part thereof.

Fact No. 1

Please admit that you are unable to provide the person who has known knowledge of the facts relevant to this case, including but not limited to all persons interviewed by you, by your counsel or by any person cooperating with you in this action, giving a description thereof, for each person you may call as a witness in this case, that can testify under oath as well, to the validity, business dealings, structure and means of reporting and electronic filing procedures of the alleged original creditor in your summons and complaint and all exhibits contained therein.

Fact No. 2

Please admit that you do not have the original contract or agreement alleged in this action, please state the following:

1. Terms of alleged contract or agreement

2. Credit Limit Amount Financed in the alleged contract or agreement:

3. Date and Monetary Value of any valueable

Fact No. 3

Please admit that the plaintiff does not have in its custody, legible copies and/or originals of any documents with Defendant’s signature on it.

Fact No. 4

Please admit that you did not send the defendant any notification of assignment of the alleged debt on or before summons and complaint was filed for alleged debt as shown and stated under exhibit A. If plaintiff has document specifically linking alleged account to affidavit from original alleged creditor please provide.

Plaintiff hand wrote in Affidavit that this was not previously sent to the defendant:)

Fact No. 5

Please admit that you do not have a copy of or the original alleged Household Finance Cardholder agreement with defendants signature.

Fact No. 6

Please admit that you cannot provide the documents proving that allege debt is directly tied to the Exhibits provided in previous interrogatories. i.e original assignment of specific account from HFCS being directly tied to exhibits alleged to be defendants and owned by Asset Acceptance LLC.

Fact No. 7

Please admit that you do not have evidence proof of the defendants alleged debt to Plaintiff, including the alleged contract, between the plaintiff and defendant or any other instrument constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing the defendants signature and/or Please produce the contract that legally requires the Defendant the amount entered into complaint.

Fact No. 8

Please admit that you do not have the original copy of the alleged account agreement that states interest rate, grace period, finance charge, assignment, and specifically the State Laws that the agreement and account are governed plus other important facts and signature of Defendant.

Fact No. 9

Please admit that you do not possess the original notification allegedly sent to the defendant on April 12, 2012 by Asset Acceptance, or proof that any such delivery was made.

Fact No. 10

Please admit that you do not have record of document or document(s) that proves you sent the defendant a notice of assignment as you have already stated in writing on the bottom of your notice of assignment in exhibit A.

Fact No. 11

Please admit that you do not have copies of any/all statements generated while this alleged account was open with the plaintiff.

Fact No. 12

Please admit that you do not have an accurate history of interest charged on this alleged account with the plaintiff and you cannot provide the exact dates the interest rates changed, and you cannot provide the list of various rates that were changed during this alleged debt and you cannot provide the exact method of amortization.

Fact No 13

Please admit that you cannot provide any and all notices sent to defendant by Plaintiff announcing changes in interest, fees or penalties and/or the terms of the alleged debt.

Fact No 14

Please admit that you cannot provide the original Dunning letter that was allegedly sent to the plaintiff.

Fact No. 15

Please admit that you do not have an agreement with the Plaintiff that grants Fulton, Friedman, & Gullace Attorney(s) the authority to collect this debt.

Fact No. 16

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

Fact No. 17

Please admit that the Plaintiff does not originate or produce any billing statement records on behalf of the alleged original creditor.

Fact No. 18

Please admit that the Plaintiff does not have any original or legible copies of any documents with the Defendants signature on them pertaining to the alleged account in the Plaintiffs case.

Fact No. 19

Admit 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.

Fact No. 20

Admit 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.

Fact No. 21

Admit 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.

Fact No. 22

Admit 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.

Edited November 15, 2012 by upsman40
Missing Info

[ladyhunter]

I'm not sure about Michigan Rules of Civil Procedure, but it seems that you have Request for Production of Documents and Request for Admissions co-mingled here (#4). Possibly that's how it's done in Michigan.

You have some good admissions here, but if AA does what they always do, they will still answer that they don't understand the question or it would be out of the scope of information they can give you (privacy, company policy, etc.)

Even though what you are asking in some of the questions are good questions, and if they were answered truthfully, you would have a great defense, it does not stop them from manufacturing what you are asking. It is easy to write a dunning letter and backdate it. It may be better to do a simple request for the production of the first dunning letter they sent you, rather than to ask them to admit or deny it. (Ex #4 & #9) But, even then, it can be manufactured.

Your questions to admit or deny actual contract with signature, etc., are good questions to ask.

[upsman40]

Thanks i will go back and look at the rules, however I believe this holds true. I am afraid as you said if i keep asking they will find it, and/or produce it..I will look at the wording to see if I can re phrase it a$$ well, Bruno suggested I go back and ask for admissions from everything they said they did not have yet but will either have for trial, or send to the defendant as soon as they can proiduce it.

[BrunoTheJDBkiller]

I agree with Bruno. Anything over ten words is just begging for an Objection.