Discovery Help for MO case with Asset Acceptance

[ghostdog1486]

Being sued by Asset Acceptance in Missouri. Went to initial court date, denied claim and now being sent discovery docs. need help in answer/responding and figuring what I should ask them.

PLAINTIFF'S REQUEST FOR ADMISSIONS TO DEFENDANT

1. Defendant had an agreement requesting the Plaintiff and/or its predecessors in interest/assignors identified in the account agreement (collectively, the "Plaintiff") to issue a credit card to Defendant.

ANSWER:

2. Defendant agreed to pay Plaintiff for all purchases made, services and cash advances to or for Defendant (or any person authorized by Defendant to use the card) to obtain goods, services and advances on credit.

ANSWER:

3. Defendant did receive the benefit of Plaintiff paying various merchants and banks as obligated for all of Defendant's purchases and cash advances made with said credit card.

ANSWER:

4. Defendant has not sent written notice to Plaintiff or Plaintiff's predecessor of any unresolved billing errors.

ANSWER:

5. After giving Defendant credit for all payments and set offs there remains due a balance of $17,XXX.XX together with interest in the amounts set forth in Plaintiff's petition.

ANSWER:

6. Defendant has failed to timely repay Plaintiff and, thus, has breached its agreement with Plaintiff.

ANSWER:

7. Pursuant to the credit card agreement, Plaintiff is entitled to reasonable attorney fees and court cost. In this instance, the reasonable attorney fees are $2,5XX.XX.

ANSWER:

8. Defendant has no documents, letters, checks, ledgers, bookkeeping entries, records or any other printed or written materials evidencing any defense to Plaintiff's Petition hereon.

ANSWER:

PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

1. Canceled checks which indicate any payment to Asset Acceptance LLC and/or its predecessors in interest/assignors (collectively, the "Plaintiff") for the credit card which is the subject of this dispute.

2. All correspondence with Plaintiff regarding purchases, services and cash advances concerning the credit card in dispute.

3. All documents that indicate why you are not liable for the charges made on the credit card which is the subject of this dispute.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

1. Indicate which, if any, charges for services, purchases or cash advance that Plaintiff and/or its predecessors in interest/assignors identified in the account agreement (collectively, the "Plaintiff") alleges are due that you are disputing. For each disputed item, indicate the reason for the dispute and any correspondence sent or received concerning this dispute.

ANSWER:

2. Identify any and all payments made on the credit card/account described in the Petition. For each payment, indicate the type of payment, date, and a copy of each payment.

ANSWER:

3. Did you sign an agreement with Plaintiff for the use of the credit card? Yes No If "Yes", then indicate when you signed this agreement and the dates of any or all purchases made.

ANSWER:

[ghostdog1486]

Sorry here are answers to the standard introduction questions:

1. Who is the named plaintiff in the suit?

Asset Acceptance LLC

2. What is the name of the law firm handling the suit?

Cohen Mcneile & Pappas P.C.

3. How much are you being sued for?

$17K

4. Who is the original creditor?

Citibank

5. How do you know you are being sued?

Summons and Complaint.

6. How were you served? (Mail, In person, Notice on door)

Spouse got served at residence

7. Was the service legal as required by your state?

I guess

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I received letters from Plaintiff's Attorney. did not respond

9. What state and county do you live in?

MO, Buchanan

What was date of last payment?

Approx. 01/09

11. What is the SOL on the debt?

4 years

12. What is the status of your case?

Trial is set for Dec 2012.

I received Plaintiff's Disclosure Statement and Discovery Requests - Req for Adm, Non-Uniform Interrogatories, and Prod of Docs.

I still need to submit Disclosure Statement and Discovery Requests, then respond to Discovery.

Not sure about whether to file Motions before filing anything else.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

14. Did you request debt validation before the suit was filed?

No

15. How long do you have to respond to the suit?

response to Discovery due 30 days after service. I have between 10 and 14 days to file.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

A computer generated from with an AA account number, purchase date, charge off balance and last payment date.

A photocopied copy of a general terms and conditions from a citi card. No signatures

An affidavit of an employee with AA

[racecar]

Case Summary for December 1, 2011

http://www.creditinfocenter.com/forums/there-lawyer-house/292720-start-finish-winning-against-midland-funding-aka-jdb.html

MISSOURI RULES OF CIVIL PROCEDURE

Supreme Court Rules and Court Operating Rules

http://www.creditinfocenter.com/forums/there-lawyer-house/314603-need-midland-advice-missouri.html

1-8 denied

1-3 After a Diligent search and reasonable inquiry, no such documents are in the custody, control or possession of Defendant.

PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT

1. Indicate which, if any, charges for services, purchases or cash advance that Plaintiff and/or its predecessors in interest/assignors identified in the account agreement (collectively, the "Plaintiff") alleges are due that you are disputing. For each disputed item, indicate the reason for the dispute and any correspondence sent or received concerning this dispute.

ANSWER Defendant has denied knowledge of the alleged account,Therefore no items are in dispute.

2. Identify any and all payments made on the credit card/account described in the Petition. For each payment, indicate the type of payment, date, and a copy of each payment.

ANSWER Defendant has denied knowledge of the alleged account,Therefore

defendant has no copies of any type of payments made to the plaintiff.

3. Did you sign an agreement with Plaintiff for the use of the credit card? Yes No If "Yes", then indicate when you signed this agreement and the dates of any or all purchases made.

ANSWER NO,This Defendant has never signed any agreement for the use of any credit card with the plaintiff.

Edited November 26, 2012 by racecar

[racecar]

Burn it to cd disk, copies to everyone

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(3) Service. Copies of the interrogatories shall be served on all parties not in default. The party issuing the interrogatories shall also provide each answering party an electronic copy, in a commonly used medium such as a diskette, CD-ROM or as an e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher. In addition to the information normally in a certificate of service, the certificate of service shall also state:

(A) The name of each party who is to respond to the interrogatories;

( The number of the set of interrogatories,

© The format of the electronic copy and the medium used to transmit the electronic copy to the responding party.

At the time of service, a certificate of service, but not the interrogatories, shall be filed with the court as provided in Rule 57.01

Also you should send some discovery to the plaintiff,they were kind enough to send you some,Now you should send some back to them.

In answering any type of discovery you want to answer the questions asked but you dont really want to give any help to the plaintiff to prove his case,wait till you get their answers to your discovey.they will answer back with plaintiff objects to the Requests to the extent that they seek information protected by the attorney-client privilege, that was prepared in anticipation of litigation, and/or is attorney work product or overbroad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence see exibit A.

your answers should look like this

ADMISSIONS

1. Defendant had an agreement requesting the Plaintiff and/or its predecessors in interest/assignors identified in the account agreement (collectively, the "Plaintiff") to issue a credit card to Defendant.

ANSWER: Denied

PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

REQUEST NO.1 Canceled checks which indicate any payment to Asset Acceptance LLC and/or its predecessors in interest/assignors (collectively, the "Plaintiff") for the credit card which is the subject of this dispute.

ANSWER: After a Diligent search and reasonable inquiry, no such documents are in the custody, control or possession of Defendant.

Edited November 27, 2012 by racecar

[BrunoTheJDBkiller]

Defendant had an agreement

Most rules specify that in discovery, documents referenced must be attached to the discovery for your review. Look at your rules, I can't EVER get into the MO rules for some reason, and see if this applies. Even if it doesn't, object on those grounds. You cannot make an informed decision about a document you have not been provided with. That kills most of the questions that follow since they stem from number one and assume that you have the agreement.

Doc requests.....sorry, don't have a thing. Paper is a fire hazrd. LOL Just be sure you don't deny them something you want to use, because it will be precluded, like proof of the SOL or payment.

[ghostdog1486]

Thanks to all for the help

[BrunoTheJDBkiller]

At the time of service, a certificate of service, but not the interrogatories, shall be filed with the court

I would send these first, no rogs or admissions until you see what you get back. These are for Citibank.

Requests for Production of Documents

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 legitemacy 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 "unreasonable amount of time."

[upsman40]

Here was my first attempt at answering interoggatories, probably not perfect but Bruno and others on here will help you polish it up. Find out your Rules of Civil Procedure to see how and in what order you need to submit defenses etc...

3. INTERROGATORY:

Please state the name, address, and telephone number of witness you will or may call at trial and state the nature of their expected testimony.

RESPONSE: Objection Interrogatory No. 3 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. The Defendant cannot possibly answer this Interrogatory when he has not seen the Plaintiff answers to his Discovery.

Without waiving his objection, the Defendant at this time has no witnesses, but reserves the right to call

Witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant.

4. INTERROGATORY:

In addition to those persons identified in the preceding interrogatories, please state the name, address, and telephone number of all persons who possess or claim to possess knowledge of any fact relating to the events set forth in the complaint or in your answer, affirmative defenses, and all other pleadings and briefs filed by you, specifying the facts possessed or claimed to be possessed.

RESPONSE: Objection Interrogatory No. 4 is objected to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. The Defendant cannot possibly answer this Interrogatory when he has not seen the Plaintiff answers to his Discovery.

Without waiving his objection, the Defendant at this time has no witnesses, but reserves the right to call

Witnesses, if need be, once the Plaintiff answers their Discovery given by the Defendant.

. 5. INTERROGATORY:

As to each and every one of the Defendant's Affirmative Defenses, please set forth the factual and legal basis to support each defense and state how each fact supports the legal application of each affirmative defense.

RESPONSE: Objection:

Interrogatory No. 5 is objected by the Defendant on the grounds that it is seeking information that is

Premature given that the parties are in the midst of discovery and pertinent documents have not yet

Been produced by the Plaintiff.

Without waiving his objection, the Defendant upon completion of discovery with the Plaintiff, will

Most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked

through Discovery. The Defendant reserves the right to update this answer to this interrogatory at a

later time when that decision is made.

6. INTERROGATORY:

Do you keep fmancial records, such as account statements, account payable ledgers, or other records of your purchases of goods or services and/or payments for those purchases? If yes, have you kept such records of transactions between you and the plaintiff or its predecessor in interest? If so, identify them.

RESPONSE:

Interrogatory No. 6 is objected by the Defendant on the grounds that it is overly broad and unduly

burdensome to the extent it seeks documents or records that are not within the current knowledge,

possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff

from Plaintiff's own files, from documents or information already in Plaintiff's possession.

Without waving the Defendant’s objection, the Defendant to the best of his knowledge, has never made any payments to the Plaintiff.

7. REQUEST FOR PRODUCTION OF DOCUMENTS:

Please produce any and all documents identified in your response to the preceding interrogatory. RESPONSE: See response for Interrogatory # 6 above.

8. REQUEST FOR ADMISSION:

Please admit that you entered into an agreement with HOUSEHOLD FINANCE for a

CONSUMER LOAN, Account Number xxxxxxxxxxxx.

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.

9. INTERROGATORY:

If your answer to the preceding request for admission is anything other than an unqualified admission, identify and state with particularity the complete legal and factual basis supporting your denial or qualified admission.

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.

10. INTERROGATORY:

If your answer to the preceding request for admission is an unqualified or qualified admission, identify and state with particularity:

a. The account number of the account(s), if any, you had with the creditor(s) referenced

in the preceding request for admission, or any affiliate or subsidiary thereof. b. The approximate date each account was opened

c. The date (or approximate date) Defendant last made charges on each account.

RESPONSE:

Interrogatory No. 10 is objected by the Defendant on the grounds that it is overly broad, unduly

burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not

within the current knowledge, possession, custody or control of the Defendant... The Defendant has

sought the Proof of Alleged Account Number & Account Stated through Discovery and demands strict proof thereof.

[upsman40]

Remainder of answers

11. REQUEST FOR ADMISSION:

Please admit that you were/are responsible for charges incurred on the account(s) referenced in

the summons and complaint.

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.

12. INTERROGATORY:

If your answer to the preceding request for admission is anything other than an unqualified admission, identify and state with particularity the complete legal and factual basis supporting your denial or qualified admission.

RESPONSE: Interrogatory No. 12 is objected by the Defendant on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant... The Defendant has sought the Proof of Alleged Account Number & Account Stated through Discovery and demands strict proof thereof.

13. INTERROGATORY:

If your answer to the preceding request for admission is an unqualified or qualified admission, identify and state with particularity all parties other than Defendant(s) who were authorized users of said account and provide names of all authorized users.

RESPONSE: Interrogatory No. 13 is objected by the Defendant on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant... The Defendant has sought the Proof of Alleged Account Number & Account Stated through Discovery and demands strict proof thereof.

14. REQUEST FOR ADMISSION:

Please admit that there is an unpaid balance of $11,000.00 that you now owe to Plaintiff on the account(s) referenced in the Complaint.

RESPONSE:

Interrogatory No. 14 is objected by the Defendant on the ground that it is unduly burdensome to the

extent it seeks information that is not within the current knowledge, possession, custody or control of

the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the

completion of discovery to answer if the amount is correct. The Plaintiff should have records or

documents of the Amount Sued upon as being correct from Plaintiff's own files and the Defendant has asked the Plaintiff to provide this proof such as an account stated during his discovery. And the

Defendant has listed this as an Affirmative Defense in his Answer. The Defendant leaves the Plaintiff to its proof. Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.

15. INTERROGATORY:

If your answer to the preceding request for admission is anything other than an unqualified admission, identify and state with particularity:

a. The complete legal and factual basis supporting your denial or qualified admission.

b. The dates and amounts of each debit or charge incurred by you on the account(s)

referenced in the summons and complaint.

c. The dates and amounts of each payment made by you on the account(s) referenced in

the summons and complaint.

d. The name and address of any and all financial institutions with which you maintained

or had access to accounts (including but not limited to checking, savings, and lines of credit)

within three (3) months preceding AND following February 21, 2009.

e. The account number(s) and other identifying information of the accounts referenced in subpart "d" above.

f. The amount you believe is due and owing on the account(s) referenced in the

summons and complaint.

RESPONSE: Objection:

Interrogatory No. 15 (subpart a) is objected by the Defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving his objection, the Defendant upon completion of discovery with the Plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through Discovery. The Defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.

Interrogatory No. 15 (subparts b and c) is objected by the Defendant on the grounds that it is overly broad, unduly burdensome, cumulative and/or duplicative to the extent it seeks documents or records that are not within the current knowledge, possession, custody or control of the Defendant. Plaintiff’s request should be accessible to Plaintiff from Plaintiff's own files, from documents or information already in

Plaintiff's possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative. The Defendant has sought the Contract Alleged through Discovery and demands strict proof thereof.

Without waiving the Defendant’s objection, the Defendant to the best of his knowledge has never made any payment to the Original Creditor.

Objection:

Interrogatory No. 15 (subpart d and e) is objected by the Defendant on the grounds that it is personal, confidential and private. This Interrogatory seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant.

Interrogatory No. 15 (subpart f) is objected by the Defendant on the ground that it is unduly burdensome to the extent it seeks information that is not within the current knowledge, possession, custody or control of the Defendant. Additionally, the request is premature as it requests the Defendant, prior to the completion of discovery to answer if the amount is correct. The Plaintiff should have records or documents of the Amount Sued upon as being correct from Plaintiff's own files and the Defendant has asked the Plaintiff to provide this proof such as an account stated during his discovery. And the Defendant has listed this as an Affirmative Defense in his Answer. The Defendant leaves the Plaintiff to its proof. Without waiving the Defendant’s objection the defendant does not know if the amount on the alleged account he is being sued upon is correct because the Defendant has not been provided with any evidence by the Plaintiff to prove such amount is correct.

16. INTERROGATORY:

Is there any portion of Plaintiffs claim that you admit you owe to Plaintiff? If so, state. the amount that you admit that you owe to Plaintiff and any facts that support your claim that you do not owe the rest of Plaintiffs claim.

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).

[ghostdog1486]

Just want to give everyone a big thanks for their help...

 

Got my Dismissal letter from attorney today!!!!!!!

[ghostdog1486]

With the dismissal without prejudice, how do i get this off my credit report now?

[racecar]

ghostdog congrats on your win

[racecar]

http://www.consumer.ftc.gov/articles/0058-credit-repair-how-help-yourself

http://www.bbb.org/us/article/ftc--how-to-dispute-credit-report-errors-4710