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Please help me on how I should proceed after debt collectors answered my requests....please help


syctaz
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Hello all,

I really need all your expert help on how to proceed against my debt collector.  I’m in the state of Georgia.  Now that they have answered my Admissions, Production of Documents, and Interrogatories, I don’t know how to proceed or what my next step should be.  Most of their answers were either objections, they had insufficient information to answer, or they did not have the information to answer.  I’ve also sent them a Debt Validation letter, which they have not answered, yet, to validate this debt.  The collection agency is Frederick J. Hanna and Associates (Portfolio Recovery Associates, Assignee of HSBC Bank Nevada).

Below are their answers to my requests and some of my comments.

Please, please help on what I should do next after reading this.  Thank you.

 

 

Plantiff answers to my Admissions:

 

GENERAL OBJECTIONS

            Plaintiff objects to each discovery request proposed by Defendant to the extent that they seek (a) information that is not limited in scope, is over broad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request on these grounds said requests exceeds the permissible scope of discovery under the applicable rules of civil procedure; (B) irrelevant information not reasonably calculated to lead to the discovery of admissible evidence; © information that constitutes confidential, proprietary and/or trade secret information; and (d) information protected by the attorney-client privilege, the consulting expert witness privilege, the attorney work product doctrine, and/or any other applicable privilege or immunity.  Plaintiff specifically objects to the Requests to the extent that they seek to require Plaintiff provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.  Plaintiff reserves the right to supplement its responses.

SPECIFIC OBJECTIONS AND RESPONSES

1.

            HSBC Bank Nevada, N.A. has no direct knowledge of the litigation initiated by you on the account that is in dispute, and that no employee or agent of HSBC Bank Nevada, N.A. directly requested any employee or agent of Frederick J. Hanna &Associates, P.C. to initiate any legal action against Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

2.

            You have no written agreement between the Defendant and Plaintiff regarding this debt.

Denied as stated.

3.

            The Plaintiff and Defendant exchanged consideration, monetary or otherwise, creating an agreement with both parties.

This request is vague and it is not clear who “both parties” is.  As such this Admission is denied.

4.

            You have not provided the Defendant with a copy of the cardholder agreement for HSBC Bank Nevada, N.A.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

 

For this one, in Plaintiff’s Request For Admission of Facts, they state “I received the credit card agreement attached to Plaintiff’s Complaint.”  However, there was no credit card agreement attached to the Plaintiff’s Complaint when it was served to me by the police officer when all this originally started.  So, now I’m confused with the Plaintiff’s answer to my Request for Admission of Facts.

5.

            There is an arbitration clause in the cardholder agreement, and that the election of arbitration by either party precludes court action.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

6.

            You have no written agreement showing that an account was established in the Defendant’s name and a Credit Card was issued to the Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

7.

            You have no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

8.

            You have no written and signed contract stating the Defendant would be responsible for all charges made on the account in connection with Credit Card issued on the account.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

9.

            You have no merchant receipts showing the charges that were incurred on the account in the sum of $1,692.46.

Admitted.

 

For this one, I still have not received anything from the Plaintiff showing proof of debt owed referencing Debt Validation in the FDCPA.  I requested this in my Complaint answer, and stated this in my answers for the Plaintiff’s Admission of Facts, Plaintiff’s Production of Documents, and Plaintiff’s Interrogatories, along with sending them a Debt Validation letter, which they have not answered, as well.

10.

            You are unable to provide complete accounting for the amount you are claiming.

Denied.

 

Wouldn’t this be part of the Debt Validation process referenced in the FDCPA?

11.

            You have not provided Defendant with legal proof of assignment.

Denied; This information is submitted with our answers to Defendant’s Request for Production of Documents submitted contemporaneously with these Responses to Defendant’s Request for Admissions.

12.

            There is no written agreement between you and Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

13.

            You purchased the account, and if so, identify the seller.

Plaintiff objects to this Request for Admission as it is not of the proper form wherein it can be admitted or denied, and as such, Plaintiff denies this Admission.

14.

            The acquisition price for this account was less than the amount you are suing for.

Plaintiff objects to this Request for Admission as it is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and as such it is denied.

15.

            The Plaintiff is in the business of lending money.

Plaintiff objects to this Request for Admission as it is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and as such it is denied.

16.

            The Plaintiff is the Original Creditor on this account.

Denied.

17.

            You do not have any account application signed by Defendant.

Plaintiff objects to this Request for Admission as it is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and as such it is denied.

18.

            You do not have any monthly statements sent to Defendant.

Denied; Plaintiff has requested these statements from the original creditor and will supplement its response to the extent that such documents become available.

19.

            Under the terms of the agreement pursuant to which you acquired the alleged debt of Defendant, you did not acquire copies of account applications, account agreements, or monthly statements.

Denied.

20.

            When you acquired the alleged debt of Defendant, all you obtained was a computer printout of alleged debtors, addresses and identifying information, and the supposed balances owed.

Denied.

21.

            You did not receive any business records kept in the ordinary course of business by the bank that originally issued the credit card allegedly issued to Defendant.

Denied.

22.

            You were assigned this account, and if so, identify the assignor of this account.

Plaintiff objects to this Request for Admission as it is not of the proper form wherein it can be admitted or denied, and as such, Plaintiff denies this Admission.

23.

            You are in possession of any records of communication with HSBC Bank Nevada, N.A.

This Admission is vague and Defendant is unclear as to what “records of communication” are, and as such, this Admission is denied as stated.

24.

            As of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

Denied.

 

 

Plaintiff answers to my Production of Documents:

 

GENERAL OBJECTIONS

            Plaintiff objects to each discovery request proposed by Defendant to the extent that they seek (a) information that is not limited in scope, is over broad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request on these grounds said requests exceeds the permissible scope of discovery under the applicable rules of civil procedure; (B) irrelevant information not reasonably calculated to lead to the discovery of admissible evidence; © information that constitutes confidential, proprietary and/or trade secret information; and (d) information protected by the attorney-client privilege, the consulting expert witness privilege, the attorney work product doctrine, and/or any other applicable privilege or immunity.  Plaintiff specifically objects to the Requests to the extent that they seek to require Plaintiff provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.  Plaintiff reserves the right to supplement its responses.

SPECIFIC OBJECTIONS AND RESPONSES

1.

            Produce the cardholder agreement for HSBC Bank Nevada, N.A

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

 

For this one, they stated in their Admission of Facts that I received the credit card agreement that was attached to the Complaint, however, no such agreement was attached, and here they are stating they are not in possession of it…I’m confused by their statement here.

2.

            Produce the alleged credit application from account bearing the Defendant’s signature.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

3.

            Produce documentation showing how the Plaintiff acquired this account, including but not limited to, a) the previous owner or owners of this account; B) the acquisition price of this account; c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration the broker received with respect to the sale.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

4.

            Produce documentation relevant to the assignment of this account including, but not limited to, a) the identity of the assignor and their address; B) the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); c) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration.  Also, provide details of the consideration exchanged.

See Attached Assignment and Bill of Sale.

 

Not everything in the attachment answered this one.

5.

            Produce all documents relating or referring to the Defendant and/or account identified in Plaintiff’s Complaint, or which are indexed, filed, or retrievable under Defendant’s name or any number, symbol designation, or code (such as an account number or Social Security number) assigned to Defendant or the account, including all applications, account agreements, or other documents bearing Defendant’s signature.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

6.

            Produce all documents evidencing any contract, agreement, assignment, or other means from HSBC Bank Nevada, N.A. demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant.

Please see attached Assignment and Bill of Sale.

7.

            Produce all documents transmitted to Defendant by Plaintiff and/or Plaintiff’s assignor or the Original Creditor, including monthly statements, bills, demands, and correspondence relating to the account.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

8.

            Produce all contracts and agreements whereby Plaintiff acquired the right to collect the alleged debt sued upon this action.

See Attached Assignment and Bill of Sale.

9.

            Produce all documents purporting to show that the debt was assigned to Plaintiff for consideration, as alleged, and what the consideration was, including documents identifying the specific amount at issue in this action.

See Attached Assignment and Bill of Sale.

10.

            Produce all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account that contribute to the balance.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

11.

            Produce all documents identified in response to the Interrogatories, and all documents referred to or reviewed in preparing the response to the Interrogatories, not otherwise called for in these request for Production of Documents.

See Attached Assignment and Bill of Sale.

12.

            Produce documentation showing the date this account when into default.  

See Attached Assignment and Bill of Sale.

13.

            Produce letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

14.

            Produce a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

15.

            Produce any and all written communication, received by the Defendant from the Plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff accessing of Defendant’s credit report(s).

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

16.

            Produce any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

17.

            Produce any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

18.

            Produce all documents relating to any communications between Plaintiff and Defendant with respect to the alleged account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

19.

            Produce all documents relating to any communications between Plaintiff and Original Creditor with respect to the alleged account.

Plaintiff objects to this Request as it is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence.

20.

            Produce any and all documents used to answer these Interrogatories and Request for Admissions.

See Attached Assignment and Bill of Sale.

21.

            Produce all invoices created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

22.

            Produce all statements created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

23.

            Produce any and all documents evidencing payments made by the Defendant on the alleged account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

24.

            Produce Plaintiff’s account payable ledger or book or record, kept in the usual course of Plaintiff’s business, pertaining to the account of Defendant with Plaintiff.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

25.

            Produce all documents identified in the Interrogatories filed with this Request to Produce.

See Attached Assignment and Bill of Sale.

 

 

Plantiff answers to my Interrogatories:

 

GENERAL OBJECTIONS

            Plaintiff objects to each discovery request proposed by Defendant to the extent that they seek (a) information that is not limited in scope, is over broad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request on these grounds said requests exceeds the permissible scope of discovery under the applicable rules of civil procedure; (B) irrelevant information not reasonably calculated to lead to the discovery of admissible evidence; © information that constitutes confidential, proprietary and/or trade secret information; and (d) information protected by the attorney-client privilege, the consulting expert witness privilege, the attorney work product doctrine, and/or any other applicable privilege or immunity.  Plaintiff specifically objects to the Requests to the extent that they seek to require Plaintiff provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.  Plaintiff reserves the right to supplement its responses.

SPECIFIC OBJECTIONS AND RESPONSES

1.

            Identify the person or persons answering these Interrogatories and include their business address, business telephone number, and title within the Plaintiff’s Organization.

Portfolio Recovery Associates Assignee of HSBC Bank Nevada, N.A.

2.

            Identify all persons known to you who have knowledge of 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, and as to each, state their name, home and business addresses and telephone numbers, and relationship to the Plaintiff(s), if any.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the Request and on these grounds said Request exceed the permissible scope of Discovery under the Georgia Civil Practice Act.  Plaintiff claims are supported by the business records of the Plaintiff and can be proven by any one of numerous employees of Plaintiff.  Subject to the foregoing objections, Plaintiff will provide and O.C.G.A 9-11-30 (B)(6) witness if so requested.

3.

            State the names, addresses, and telephone numbers of each person who you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each.

No individuals have been identified at this time.  However, Plaintiff will produce an O.C.G.A. 9-11-30 (B)(6) witness if so requested.  Further, Plaintiff intends to offer the testimony of one of the Plaintiff’s Custodians of Record who will testify to the authenticity and accuracy of the business records supporting Plaintiff’s claim.

4.

            State the name and address of the person(s) responsible for the books and records of this account.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the Request and on these grounds said Request exceed the permissible scope of Discovery under the Georgia Civil Practice Act.  Plaintiff claims are supported by the business records of the Plaintiff and can be proven by any one of numerous employees of Plaintiff.  Subject to the foregoing objections, Plaintiff will provide and O.C.G.A 9-11-30 (B)(6) witness if so requested.

5.

            With reference to each and every claim you have stated, state the factual basis for your claim, identify all persons who have knowledge of the facts supporting the claim, and state the date and description of any documents which would support the claim.

Defendant entered into a credit card agreement with the Original Creditor HSBC and breached the agreement by failing to pay as agreed; Portfolio Recovery Associates Assignee of HSBC Bank Nevada, N.A.

 

For this, I still have not seen the agreement that they stated was attached to the Complaint, but was not.

6.

                        Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

See documents attached to Plaintiff’s Response to Defendant’s Request for Production of Documents.

 

However, I looked over the attachments and I didn’t see anything referencing their answer here.

7.

            State how this account came into possession of the Plaintiff.  If the Plaintiff purchased this account, provide information regarding the sale including:  A) The previous owner or owners of this account; B) the acquisition price of this account; and C) the identity of any brokers that assisted in the transaction, including their addresses and the amount of consideration they received with respect to the sale.

See Answer to Interrogatory No. 5 above.

 

However, I don’t see how this answers my Interrogatory.

8.

            If the account came into possession of the Plaintiff through assignment, provide the following information regarding the assignment:  A) the identity of the assignor and their address; B) the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); and C) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration.  Was consideration to be a flat fee, or to be on a percentage basis.

HSBC Bank Nevada, N.A.

9.

            Provide the date that this account went into default.

August 26th, 2010.

 

I don’t see how they came up with this date.

10.

            Identify all assignees of this account in and since the default on this account.

Portfolio Recovery Associates.

11.

            Provide a complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges, and any other components that contribute to the balance.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

 

Wouldn’t this be part of the Debt Validation that I had requested, but have not seen anything from the Plaintiff regarding this.

12.

            Provide any communication between Plaintiff and HSBC Bank Nevada, N.A. regarding this account since date of default.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

13.

            Identify the individual or individuals who authorized suit on this account.  State whether they are employed by the Plaintiff or HSBC Bank Nevada, N.A., or some other entity.

Portfolio Recovery Associates.

14.

            In regards to the contract or agreement alleged in this action, state the following:  A) Terms of the contract or agreement; B) credit limit or amount financed in the alleged contract or agreement; C) date and monetary value of any credit transactions alleged to be executed on the contract or agreement; D) date and monetary value of any valuable consideration received on the contract or agreement; and E) date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

15.

            If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following:  A) Creditor name; B) Creditor address; C) Creditor account or reference number for the subject of this action; D) state all facts in support for your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; E) identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; and F) identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs.

HSBC Bank of Nevada, N.A.

 

This did not answer this entire Interrogatory.

16.

            For each person who has had any involvement in any manner in any efforts on your behalf to collect any debt(s) purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

17.

            Describe the maintenance of all procedures utilized by you at the time account was alleged opened with HSBC Bank Nevada, N.A. through the present to assure accuracy against violations of the Fair Debt Collection Practices Act, the Georgia Code of Civil Procedures, and the Georgia Credit Law.           

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

18.

            Identify the persons or entities, which are the creditor(s) regarding a debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

19.

            Identify each person who has had any contract or communication on your behalf with said persons or entities regarding Defendant or Defendant’s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

20.

            Describe all collection activities, which you were authorized to perform by the Creditor, and identify the terms of the agreement between the Creditor(s) and you pursuant to which you sought to collect this account.

Plaintiff objects to this Request due to the fact that it is vague, overly broad, and does not state with specificity the information sought.

21.

            To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying Creditor(s).

See documents attached to Plaintiff’s Response to Defendant’s Request For Production of Documents.

 

However, I did not see any attachments they reference here.

22.

            Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these Interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody.  For each document, identify the document, how, when, and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

23.

            Identify all witnesses and state all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.

No individuals have been identified at this time.  Plaintiff does intend to offer the testimony of one of Plaintiff’s Custodians of Record who will testify to the authenticity and accuracy of the business records supporting Plaintiff’s claim.

24.

            Identify the relationship between you and HSBC Bank Nevada, N.A., with regards to the legal relation with one another, revenue sharing, and contractual agreements.

Plaintiff objects to this Interrogatory based on the fact that it is irrelevant and not reasonably calculated to lead to discovery of admissible evidence.

25.

            Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in Plaintiff’s Claim.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

26.

            State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

 

 

Below is my Debt Validation letter I sent them, however, I still have not received an answer from them about the validation of this debt:

 

To Whom It May Concern:

 

This letter is being sent to you pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (B) that your claim is disputed and validation is requested.

 

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.  I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

 

Please provide me with the following:

 

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account;

Show me that you are licensed to collect in my state;

Provide me with your license numbers and Registered Agent.

 

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian, or TransUnion) this action might constitute fraud under both Federal and State laws.  Due to this fact, if any negative make is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

 

Violation of the Fair Credit Reporting Act;

Violation of the Fair Debt Collection Practices Act;

Defamation of Character.

 

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

 

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit.  This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

 

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

 

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment.  If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit.  All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

 

It would be advisable that you assure that your records are in order before I am forced to take legal action.  This is an attempt to correct your records; any information obtained shall be used for that purpose.

 

 

Please let me know what to do or how I should proceed with all this.

Thank you so much in advance for your time and any and all inputs you have for me.

Steve

 

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2. You have no written agreement between the Defendant and Plaintiff regarding this debt.

Denied as stated.

 

 

 

12. There is no written agreement between you and Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

 

Seems like in just 10 lines they forgot they have a written agreement and now they just don't know. Not much of a diligent search if they can't refer back 10 lines!?!?!

 

They tripped all over themselves in this one. Make all of the points you made notes of in a Motion to dismiss.

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The whole crux of their argument seems to be the Bill of Sale.  I'd do everything you can to attack this document and get it struck.  If you do this, they don't really have a case.    You could also potentially (if rules of civil procedure allow it) file a motion to compel the documents they are supposedly getting from the OC.  

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2.

            You have no written agreement between the Defendant and Plaintiff regarding this debt.

Denied as stated.

 

Really?  Then where's the written agreement between you and the JDB?   Hold them to it.

 

4.

            You have not provided the Defendant with a copy of the cardholder agreement for HSBC Bank Nevada, N.A.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

 

They don't know if they provided a copy of the cardmember agreement?  If they don't know, who does?  For #'s 6,7, & 8, same thing.

 

10.

            You are unable to provide complete accounting for the amount you are claiming.

Denied.

 

They have a complete accounting?  They claim they do, so hold them to it.

 

12.

            There is no written agreement between you and Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

 

They don't have enough information to know whether or not they have a written agreement with you?  Again, if they don't know, who does?   It appears they don't know too much, do they?  They know good and well they don't have a written agreement with you.  If and when the time comes, use this against them.

 

16.

            The Plaintiff is the Original Creditor on this account.

Denied.

 

You didn't phrase your admission correctly.  You should have stated "Plaintiff is NOT the OC on this account".  

 

18.

            You do not have any monthly statements sent to Defendant.

Denied; Plaintiff has requested these statements from the original creditor and will supplement its response to the extent that such documents become available.

 

They claim they can get statements, so they have to do it.  They've also claimed they have a complete accounting (# 10).   If that's the case, they should be able to come up with every statement.

 

6.

            Produce all documents evidencing any contract, agreement, assignment, or other means from HSBC Bank Nevada, N.A. demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant.

Please see attached Assignment and Bill of Sale.

 

That bill of sale probably doesn't reference your name and account number.  Therefore, they haven't proven your account was part of that sale.

 

10.

            Produce all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account that contribute to the balance.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

 

First, they denied in Admission #10 that they don't have a complete accounting of the amount.  Now they say they don't have all the documents showing interest rates, etc.  That's a complete accounting.  Their answer to this document request contradicts their denial of Admission #10.

 

12.

            Produce documentation showing the date this account when into default.  

See Attached Assignment and Bill of Sale.

 

The assignment and bill of sale shows the date of default?

 

21.

            Produce all invoices created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

 

They've requested docs from the OC.  You didn't ask for invoices created by the OC.  You asked for invoices created by the Plaintiff (JDB). 

 

23.

            Produce any and all documents evidencing payments made by the Defendant on the alleged account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

 

They claim they can provide a complete accounting (Admission #10).  Now they state that it's burdensome to show all the payments you allegedly made.  If they can provide a complete accounting, those payments would be part of that accounting.  They just contradicted themselves again.

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I want to thank you all for the helpful replies.

Based on what you all have provided me, can you please let me know how I would proceed for a motion to dismiss and motion to compel?

And for BV80, how would I proceed with the helpful answers you put for what the Plaintiff replied with?

 

Thanks again!!!

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Also, for Admin, how would I go about getting the Bill of Sale struck?  I don't really have any experience with dealing with collections like this.

Thank you for the help!!!

 

Sorry to everyone for not being online for the past few days, but I didn't have access to any computers to post my replies to your helpful recommendations.

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Hello all,

I really need all your expert help on how to proceed against my debt collector.  I’m in the state of Georgia.  Now that they have answered my Admissions, Production of Documents, and Interrogatories, I don’t know how to proceed or what my next step should be.  Most of their answers were either objections, they had insufficient information to answer, or they did not have the information to answer.  I’ve also sent them a Debt Validation letter, which they have not answered, yet, to validate this debt.  The collection agency is Frederick J. Hanna and Associates (Portfolio Recovery Associates, Assignee of HSBC Bank Nevada).

Below are their answers to my requests and some of my comments.

Please, please help on what I should do next after reading this.  Thank you.

 

 

Plantiff answers to my Admissions:

 

GENERAL OBJECTIONS

            Plaintiff objects to each discovery request proposed by Defendant to the extent that they seek (a) information that is not limited in scope, is over broad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request on these grounds said requests exceeds the permissible scope of discovery under the applicable rules of civil procedure; ( B) irrelevant information not reasonably calculated to lead to the discovery of admissible evidence; © information that constitutes confidential, proprietary and/or trade secret information; and (d) information protected by the attorney-client privilege, the consulting expert witness privilege, the attorney work product doctrine, and/or any other applicable privilege or immunity.  Plaintiff specifically objects to the Requests to the extent that they seek to require Plaintiff provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.  Plaintiff reserves the right to supplement its responses.

SPECIFIC OBJECTIONS AND RESPONSES

1.

            HSBC Bank Nevada, N.A. has no direct knowledge of the litigation initiated by you on the account that is in dispute, and that no employee or agent of HSBC Bank Nevada, N.A. directly requested any employee or agent of Frederick J. Hanna &Associates, P.C. to initiate any legal action against Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it. Why did you ask this, did they sue in the name of HSBC?

2.

            You have no written agreement between the Defendant and Plaintiff regarding this debt.

Denied as stated. Ask for this doc in discovery

3.

            The Plaintiff and Defendant exchanged consideration, monetary or otherwise, creating an agreement with both parties.

This request is vague and it is not clear who “both parties” is.  As such this Admission is denied.Object to this answer as it goes toward standing to sue.

4.

            You have not provided the Defendant with a copy of the cardholder agreement for HSBC Bank Nevada, N.A.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

Since they are without this information, put the card holder agreement in your motion to preclude as evidence, you claim that no such document was provided in the complaint.

 

For this one, in Plaintiff’s Request For Admission of Facts, they state “I received the credit card agreement attached to Plaintiff’s Complaint.”  However, there was no credit card agreement attached to the Plaintiff’s Complaint when it was served to me by the police officer when all this originally started.  So, now I’m confused with the Plaintiff’s answer to my Request for Admission of Facts.

5.

            There is an arbitration clause in the cardholder agreement, and that the election of arbitration by either party precludes court action.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it. Do you have a copy of the agreement? they may want to know how you are aware of this information if you do not have an agreement,,if they try this you claim that it is common knowledge that arb is included in most credit card agreements.

6.

            You have no written agreement showing that an account was established in the Defendant’s name and a Credit Card was issued to the Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it. Ask for it in discovery, if they claim they do not have it then motion to preclude it

7.

            You have no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it. ask for it in discovery, if they cannot produce it, motion to preclude it

8.

            You have no written and signed contract stating the Defendant would be responsible for all charges made on the account in connection with Credit Card issued on the account.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it. same as above

9.

            You have no merchant receipts showing the charges that were incurred on the account in the sum of $1,692.46.

Admitted. Then you motion to preclude it in case they try to introduce it at a later date.

 

For this one, I still have not received anything from the Plaintiff showing proof of debt owed referencing Debt Validation in the FDCPA.  I requested this in my Complaint answer, and stated this in my answers for the Plaintiff’s Admission of Facts, Plaintiff’s Production of Documents, and Plaintiff’s Interrogatories, along with sending them a Debt Validation letter, which they have not answered, as well.

10.

            You are unable to provide complete accounting for the amount you are claiming.

Denied. Ask for it in discovery

 

Wouldn’t this be part of the Debt Validation process referenced in the FDCPA?

11.

            You have not provided Defendant with legal proof of assignment.

Denied; This information is submitted with our answers to Defendant’s Request for Production of Documents submitted contemporaneously with these Responses to Defendant’s Request for Admissions.

12.

            There is no written agreement between you and Defendant.

Plaintiff is without sufficient information or belief to ascertain the truth or validity of this admission, and as such, denies it.

13.

            You purchased the account, and if so, identify the seller.

Plaintiff objects to this Request for Admission as it is not of the proper form wherein it can be admitted or denied, and as such, Plaintiff denies this Admission.

14.

            The acquisition price for this account was less than the amount you are suing for.

Plaintiff objects to this Request for Admission as it is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and as such it is denied.

15.

            The Plaintiff is in the business of lending money.

Plaintiff objects to this Request for Admission as it is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and as such it is denied.

16.

            The Plaintiff is the Original Creditor on this account.

Denied.

17.

            You do not have any account application signed by Defendant.

Plaintiff objects to this Request for Admission as it is irrelevant, and not reasonably calculated to lead to the discovery of admissible evidence, and as such it is denied.

18.

            You do not have any monthly statements sent to Defendant.

Denied; Plaintiff has requested these statements from the original creditor and will supplement its response to the extent that such documents become available.

19.

            Under the terms of the agreement pursuant to which you acquired the alleged debt of Defendant, you did not acquire copies of account applications, account agreements, or monthly statements.

Denied.

20.

            When you acquired the alleged debt of Defendant, all you obtained was a computer printout of alleged debtors, addresses and identifying information, and the supposed balances owed.

Denied.

21.

            You did not receive any business records kept in the ordinary course of business by the bank that originally issued the credit card allegedly issued to Defendant.

Denied.

22.

            You were assigned this account, and if so, identify the assignor of this account.

Plaintiff objects to this Request for Admission as it is not of the proper form wherein it can be admitted or denied, and as such, Plaintiff denies this Admission.

23.

            You are in possession of any records of communication with HSBC Bank Nevada, N.A.

This Admission is vague and Defendant is unclear as to what “records of communication” are, and as such, this Admission is denied as stated.

24.

            As of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

Denied.

 

 

Plaintiff answers to my Production of Documents:

 

GENERAL OBJECTIONS

            Plaintiff objects to each discovery request proposed by Defendant to the extent that they seek (a) information that is not limited in scope, is over broad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request on these grounds said requests exceeds the permissible scope of discovery under the applicable rules of civil procedure; ( B) irrelevant information not reasonably calculated to lead to the discovery of admissible evidence; © information that constitutes confidential, proprietary and/or trade secret information; and (d) information protected by the attorney-client privilege, the consulting expert witness privilege, the attorney work product doctrine, and/or any other applicable privilege or immunity.  Plaintiff specifically objects to the Requests to the extent that they seek to require Plaintiff provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.  Plaintiff reserves the right to supplement its responses.

SPECIFIC OBJECTIONS AND RESPONSES

1.

            Produce the cardholder agreement for HSBC Bank Nevada, N.A

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available. objection the cardholder agreement should have been filed with the complaint motion to preclude it

 

For this one, they stated in their Admission of Facts that I received the credit card agreement that was attached to the Complaint, however, no such agreement was attached, and here they are stating they are not in possession of it…I’m confused by their statement here. you bring this up oin your motion to preclude

2.

            Produce the alleged credit application from account bearing the Defendant’s signature.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available. motion to preclude it

3.

            Produce documentation showing how the Plaintiff acquired this account, including but not limited to, a) the previous owner or owners of this account; B) the acquisition price of this account; c) the identity of any brokers that assisted in the transaction, including their address and the amount of consideration the broker received with respect to the sale.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act. Objection plaintiff must show such docs in order to establish the fact that they own the alleged account, if the can not, or refuse to produce include it in you motion to preclude.

4.

            Produce documentation relevant to the assignment of this account including, but not limited to, a) the identity of the assignor and their address; B) the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); c) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration.  Also, provide details of the consideration exchanged.

See Attached Assignment and Bill of Sale.

 

Not everything in the attachment answered this one. What did they provide? you will have to argue why their evidence does not answer this question.

5.

            Produce all documents relating or referring to the Defendant and/or account identified in Plaintiff’s Complaint, or which are indexed, filed, or retrievable under Defendant’s name or any number, symbol designation, or code (such as an account number or Social Security number) assigned to Defendant or the account, including all applications, account agreements, or other documents bearing Defendant’s signature.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available. Motion to preclude it as it goes towards standing to sue

6.

            Produce all documents evidencing any contract, agreement, assignment, or other means from HSBC Bank Nevada, N.A. demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant.

Please see attached Assignment and Bill of Sale.

7.

            Produce all documents transmitted to Defendant by Plaintiff and/or Plaintiff’s assignor or the Original Creditor, including monthly statements, bills, demands, and correspondence relating to the account.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.same as 5

8.

            Produce all contracts and agreements whereby Plaintiff acquired the right to collect the alleged debt sued upon this action.

See Attached Assignment and Bill of Sale.

9.

            Produce all documents purporting to show that the debt was assigned to Plaintiff for consideration, as alleged, and what the consideration was, including documents identifying the specific amount at issue in this action.

See Attached Assignment and Bill of Sale.

10.

            Produce all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account that contribute to the balance.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available. Motion to preclude

11.

            Produce all documents identified in response to the Interrogatories, and all documents referred to or reviewed in preparing the response to the Interrogatories, not otherwise called for in these request for Production of Documents.

See Attached Assignment and Bill of Sale.

12.

            Produce documentation showing the date this account when into default.  

See Attached Assignment and Bill of Sale.

13.

            Produce letter(s) sent to Defendant by Plaintiff, demonstrating an attempt to collect on the alleged debt.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

14.

            Produce a notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

15.

            Produce any and all written communication, received by the Defendant from the Plaintiff, regarding the reporting of the alleged account to any credit reporting agency, as well as Plaintiff accessing of Defendant’s credit report(s).

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

16.

            Produce any and all credit report(s) Plaintiff obtained from any credit reporting agency concerning the Defendant.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

17.

            Produce any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the Defendant and/or account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

18.

            Produce all documents relating to any communications between Plaintiff and Defendant with respect to the alleged account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

19.

            Produce all documents relating to any communications between Plaintiff and Original Creditor with respect to the alleged account.

Plaintiff objects to this Request as it is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence.

20.

            Produce any and all documents used to answer these Interrogatories and Request for Admissions.

See Attached Assignment and Bill of Sale.

21.

            Produce all invoices created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

22.

            Produce all statements created by the Plaintiff pertaining to the account referenced in Plaintiff’s Complaint.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

23.

            Produce any and all documents evidencing payments made by the Defendant on the alleged account.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

24.

            Produce Plaintiff’s account payable ledger or book or record, kept in the usual course of Plaintiff’s business, pertaining to the account of Defendant with Plaintiff.

Plaintiff objects to the Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

25.

            Produce all documents identified in the Interrogatories filed with this Request to Produce.

See Attached Assignment and Bill of Sale.

 

 

Plantiff answers to my Interrogatories:

 

GENERAL OBJECTIONS

            Plaintiff objects to each discovery request proposed by Defendant to the extent that they seek (a) information that is not limited in scope, is over broad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request on these grounds said requests exceeds the permissible scope of discovery under the applicable rules of civil procedure; ( B) irrelevant information not reasonably calculated to lead to the discovery of admissible evidence; © information that constitutes confidential, proprietary and/or trade secret information; and (d) information protected by the attorney-client privilege, the consulting expert witness privilege, the attorney work product doctrine, and/or any other applicable privilege or immunity.  Plaintiff specifically objects to the Requests to the extent that they seek to require Plaintiff provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.  Plaintiff reserves the right to supplement its responses.

SPECIFIC OBJECTIONS AND RESPONSES

1.

            Identify the person or persons answering these Interrogatories and include their business address, business telephone number, and title within the Plaintiff’s Organization.

Portfolio Recovery Associates Assignee of HSBC Bank Nevada, N.A.

2.

            Identify all persons known to you who have knowledge of 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, and as to each, state their name, home and business addresses and telephone numbers, and relationship to the Plaintiff(s), if any.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the Request and on these grounds said Request exceed the permissible scope of Discovery under the Georgia Civil Practice Act.  Plaintiff claims are supported by the business records of the Plaintiff and can be proven by any one of numerous employees of Plaintiff.  Subject to the foregoing objections, Plaintiff will provide and O.C.G.A 9-11-30 ( B)(6) witness if so requested.

3.

            State the names, addresses, and telephone numbers of each person who you intend to call as a witness at the trial of this case, and provide a brief synopsis as to the anticipated testimony of each.

No individuals have been identified at this time.  However, Plaintiff will produce an O.C.G.A. 9-11-30 ( B)(6) witness if so requested.  Further, Plaintiff intends to offer the testimony of one of the Plaintiff’s Custodians of Record who will testify to the authenticity and accuracy of the business records supporting Plaintiff’s claim.

4.

            State the name and address of the person(s) responsible for the books and records of this account.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the Request and on these grounds said Request exceed the permissible scope of Discovery under the Georgia Civil Practice Act.  Plaintiff claims are supported by the business records of the Plaintiff and can be proven by any one of numerous employees of Plaintiff.  Subject to the foregoing objections, Plaintiff will provide and O.C.G.A 9-11-30 ( B)(6) witness if so requested.

5.

            With reference to each and every claim you have stated, state the factual basis for your claim, identify all persons who have knowledge of the facts supporting the claim, and state the date and description of any documents which would support the claim.

Defendant entered into a credit card agreement with the Original Creditor HSBC and breached the agreement by failing to pay as agreed; Portfolio Recovery Associates Assignee of HSBC Bank Nevada, N.A.

 

For this, I still have not seen the agreement that they stated was attached to the Complaint, but was not.

6.

                        Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

See documents attached to Plaintiff’s Response to Defendant’s Request for Production of Documents.

 

However, I looked over the attachments and I didn’t see anything referencing their answer here.

7.

            State how this account came into possession of the Plaintiff.  If the Plaintiff purchased this account, provide information regarding the sale including:  A) The previous owner or owners of this account; B) the acquisition price of this account; and C) the identity of any brokers that assisted in the transaction, including their addresses and the amount of consideration they received with respect to the sale.

See Answer to Interrogatory No. 5 above.

 

However, I don’t see how this answers my Interrogatory.

8.

            If the account came into possession of the Plaintiff through assignment, provide the following information regarding the assignment:  A) the identity of the assignor and their address; B) the identity of the individual making this assignment and any materials authorizing them to do so (ex. Job description, corporate resolution, etc.); and C) if consideration was exchanged between the assignor and Plaintiff, then provide the amount of consideration.  Was consideration to be a flat fee, or to be on a percentage basis.

HSBC Bank Nevada, N.A.

9.

            Provide the date that this account went into default.

August 26th, 2010.

 

I don’t see how they came up with this date.

10.

            Identify all assignees of this account in and since the default on this account.

Portfolio Recovery Associates.

11.

            Provide a complete accounting of the amount claimed due from the Defendant, including principal, interest, collection charges, and any other components that contribute to the balance.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

 

Wouldn’t this be part of the Debt Validation that I had requested, but have not seen anything from the Plaintiff regarding this.

12.

            Provide any communication between Plaintiff and HSBC Bank Nevada, N.A. regarding this account since date of default.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

13.

            Identify the individual or individuals who authorized suit on this account.  State whether they are employed by the Plaintiff or HSBC Bank Nevada, N.A., or some other entity.

Portfolio Recovery Associates.

14.

            In regards to the contract or agreement alleged in this action, state the following:  A) Terms of the contract or agreement; B) credit limit or amount financed in the alleged contract or agreement; C) date and monetary value of any credit transactions alleged to be executed on the contract or agreement; D) date and monetary value of any valuable consideration received on the contract or agreement; and E) date and monetary value of any payments or credits alleged to be executed on the contract or agreement.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

15.

            If the alleged subject of this action is a contract or agreement originating between the Defendant and a party not subject to this action, state the following:  A) Creditor name; B) Creditor address; C) Creditor account or reference number for the subject of this action; D) state all facts in support for your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; E) identify all witnesses with evidence in support of your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs; and F) identify all documents or other tangible evidence that support your contention that the alleged contract or agreement was transferred or assigned to the Plaintiffs.

HSBC Bank of Nevada, N.A.

 

This did not answer this entire Interrogatory.

16.

            For each person who has had any involvement in any manner in any efforts on your behalf to collect any debt(s) purportedly owing by Defendant, state his/her name, position, work address and telephone numbers, and the nature and purpose of his/her involvement.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

17.

            Describe the maintenance of all procedures utilized by you at the time account was alleged opened with HSBC Bank Nevada, N.A. through the present to assure accuracy against violations of the Fair Debt Collection Practices Act, the Georgia Code of Civil Procedures, and the Georgia Credit Law.           

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

18.

            Identify the persons or entities, which are the creditor(s) regarding a debt(s), which you have attempted to collect from Defendant, identify all documents related or relevant to your contractual agreement(s) (Servicing, Assignment(s), etc.), or other business relationships with said persons or entities.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

19.

            Identify each person who has had any contract or communication on your behalf with said persons or entities regarding Defendant or Defendant’s purported debt(s), state when, how, where, and with whom said contact or communication occurred and in detail and with particularity the substance thereof.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

20.

            Describe all collection activities, which you were authorized to perform by the Creditor, and identify the terms of the agreement between the Creditor(s) and you pursuant to which you sought to collect this account.

Plaintiff objects to this Request due to the fact that it is vague, overly broad, and does not state with specificity the information sought.

21.

            To the extent not previously done, identify all documents relevant, related to, or reflecting any aspect of any efforts undertaken by you to collect any debt(s) from Defendant, or to any debt(s) purportedly owed by Defendant to you or to the underlying Creditor(s).

See documents attached to Plaintiff’s Response to Defendant’s Request For Production of Documents.

 

However, I did not see any attachments they reference here.

22.

            Describe your procedure and policy with respect to the maintenance, preservation, and destruction of documents, stating in your Answer whether any documents or things relating to any information Requested in these Interrogatories, or related in any way to this lawsuit, have ever been destroyed or are no longer in your custody.  For each document, identify the document, how, when, and why each document was destroyed or otherwise left your control, the identity of any person who participated in any way in the destruction and/or action for destroying the document or to transfer it out of your control or custody; and if the document still exists, identify the person now having control or custody of the document.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

23.

            Identify all witnesses and state all facts in support of your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff.

No individuals have been identified at this time.  Plaintiff does intend to offer the testimony of one of Plaintiff’s Custodians of Record who will testify to the authenticity and accuracy of the business records supporting Plaintiff’s claim.

24.

            Identify the relationship between you and HSBC Bank Nevada, N.A., with regards to the legal relation with one another, revenue sharing, and contractual agreements.

Plaintiff objects to this Interrogatory based on the fact that it is irrelevant and not reasonably calculated to lead to discovery of admissible evidence.

25.

            Identify the names, addresses, and telephone numbers of all persons who have supplied any information contained in Plaintiff’s Claim.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

26.

            State all actions taken to verify the accuracy and completeness of the accounts reported and state your procedures designed to assure the maximum possible accuracy of the information reported by you, the Plaintiff.

Plaintiff objects to this Request to the extent that it is not limited in scope, is overbroad, and places a substantial burden upon the Plaintiff because of Defendant’s failure to limit the request and on these grounds said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.

 

 

Below is my Debt Validation letter I sent them, however, I still have not received an answer from them about the validation of this debt:

 

To Whom It May Concern:

 

This letter is being sent to you pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( B) that your claim is disputed and validation is requested.

 

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.  I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

 

Please provide me with the following:

 

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account;

Show me that you are licensed to collect in my state;

Provide me with your license numbers and Registered Agent.

 

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus (Equifax, Experian, or TransUnion) this action might constitute fraud under both Federal and State laws.  Due to this fact, if any negative make is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

 

Violation of the Fair Credit Reporting Act;

Violation of the Fair Debt Collection Practices Act;

Defamation of Character.

 

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

 

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit.  This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

 

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

 

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment.  If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit.  All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

 

It would be advisable that you assure that your records are in order before I am forced to take legal action.  This is an attempt to correct your records; any information obtained shall be used for that purpose.

 

 

Please let me know what to do or how I should proceed with all this.

Thank you so much in advance for your time and any and all inputs you have for me.

Steve

If you sent the dv after proceedings started it is of no use. they do not evenhave to answer it.

File a motion to preclude any of the documents they claim they do not have, or have no knowledge of, this will keep them from introducing it at a later date. They do not have a contract, a card holder agreement, pre clude these items....

 

Did they file an affidavit of indebtness with the complaint? if they did post it,,,,if they did not then you motion can motion to dismiss or file summary judgement based on the fact they have no proof of the debt and that the court should rule in your favor as a matter of law....a dismissal means they can refile later,,,a judgment in your favor means you win, they will have to file an appeal if they think the court is wrong.......

 

What exactly is their cause of action, breech of contract , account stated common counts  etc etc.

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Also, for Admin, how would I go about getting the Bill of Sale struck?  I don't really have any experience with dealing with collections like this.

Thank you for the help!!!

 

Sorry to everyone for not being online for the past few days, but I didn't have access to any computers to post my replies to your helpful recommendations.

You will argue that the bill of sale does not specifically show that they bought your debt,,,,,

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I was thinking that these are arguments you could use if the plaintiff files a motion for summary judgment.  If they don't provide the docs they claim they have, you could use their own words against them in an opposition to that motion.

 

A motion to compel is up to you.  There's pros and cons.  If you file a MTC and they come up with all of the documents, that may not be good for your defense.  However, if they don't come up with the docs, they look bad, and you get to use it against them. 

 

Right now, you can show they provided contradictory responses.  In Admission #10, they denied that they cannot provide a complete accounting of the amount of the debt.  Then in Document Request #10, they state they don't have possession of docs that show the interest rates, etc.  Those interest rates are included in a complete accounting WHICH they claim they can provide (Admission #10).  If they can provide  a complete accounting, they should be able to provide the docs that show interest rates, finance charges, etc.

 

That's what I mean about contradictions. 

 

 

 

18.

            You do not have any monthly statements sent to Defendant.

Denied; Plaintiff has requested these statements from the original creditor and will supplement its response to the extent that such documents become available.

 

10.

            Produce all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the account that contribute to the balance.

Plaintiff is not in possession of the requested document.  Plaintiff has requested documents responsive to this request from the original creditor and shall supplement its response to the extent that such documents become available.

 

 

In the above 2 responses, they claimed they've requested the docs from the OC and WILL SUPPLEMENT their response when the docs become available.  I wouldn't think a motion to compel would be necessary for those 2 requests.  They've already stated they will supplement their response when they get the docs.  If they don't do so, that must mean they never got the documents.

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Did they file an affidavit of indebtness with the complaint? if they did post it,,,,if they did not then you motion can motion to dismiss or file summary judgement based on the fact they have no proof of the debt and that the court should rule in your favor as a matter of law..

 

 

This might only work if GA rules state that an affidavit must be attached to the complaint.

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Thank you all again for the responses. 

For the Gunnery Sergeant responses, am I allowed to send more discovery requests to the plaintiff after I have initially sent them my Admission requests, Production of Documents requests, and Interrogatories requests?  I wasn't sure if I can send them more.  Also, I'm unsure what a "motion to preclude" is?

As for the affidavit of indebtness with the original Complaint, all I was served with was the Complaint with nothing else attached to it.  I'm not sure of the GA rules with this, so I will have to investigate this.  If GA does require this, can I also use this for a dismissal?

Also, how soon must I file with these recommendations after I received the collections answers to my discovery requests?

Do I file these with the court as well as send them to the Plaintiff?

 

Thank you again!!!

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Some of your questions on if and when you can do something will be answered by your reviewing your rules of civil procedure in Georgia....  

 

Motion to preclude: This motion seeks to prevent the non complying party from offering evidence at trial. The evidence precluded can range from being limited to that which was requested in discovery to any and all evidence.

 

This basically happens when your Discovery requests are not complied with.  

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Read your discovery rules.  They will state if you are allowed to send more than one set of requests, how many request in total, etc.

 

A "motion to preclude" is a motion to prevent the other party from presenting any evidence not already provided.  For instance, if you request a bill of sale, but they don't provide it, you can file a motion to preclude them from providing it.  Now, it might be necessary to file a motion compel them to provide it first.  I don't know.

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If he's in Magistrate court in GA discovery is not allowed. So attacking the bill of sale and the standing is the only way to argue. Good thing is in GA if he lose's he get's pretty much an automatic appeal if he appeals no argument needed to get it, just ask, and then the real trial so to say begins, they start fresh. Then he can send discovery  and all that good stuff. Magistrate court is cheap on Hanna, when the OP takes them to real court then their cost start climbing and most likely unless it's a tremendous amount they will play Midland and roll over. So attack, attack, attack......run that legal bill for them sky high.

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Thank you all again for the replies.

For saytar, this is all being done in the Superior Court of Decatur County (State of Georgia)...not sure if this is Magistrate or not.  It is good to know about the automatic appeal in GA, but hopefully, I won't lose.

 

With all the information I have from you all, what do you think should be my very next step to take with my case (any communication with the plaintiff, court, etc)?  Any helpful answers would be greatly appreciated, and would really help me take the next step in my case.

 

I haven't received anymore communication from the plaintiff since I received their answers on my Admissions, Production of Documents, and Interrogatories.

I just want to be sure I act when I'm supposed to even though I haven't heard from the plaintiff in a while.

 

Thank you all!!

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Good morning everyone,

Is there a next step I must do for my case with all the information I have here from everyone?

Please let me know.  I want to be sure I proceed accordingly and appropriately with either the court or collections in order to try to dissolve this case or processing of it.

 

Thank you!!

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See what you think of this interpretation on a Motion to Preclude. 

 

You have an affidavit from the Plaintiff. You request information about the affiant through ROGS which is allowed by the rules of procedure. The plaintiff fails to provide this information. You can motion to preclude the affidavit because the affiant's information is unknown and the plaintiff failed to comply with your request for it.

 

"Motion to preclude: This motion seeks to prevent the non complying party from offering evidence at trial."

 

Thoughts?

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Flyerfan, forgive me, but I don't know anything with legal terminology.  I'm not sure what the affidavit is unless that is the original Complaint I received from them.  The only other documents I received from them were their Admissions, Production of Documents, Interrogatories, their answers to all of mine, and a copy of the bill of sale.  I'm also unsure what the affiant and ROGS are.  And, would my requested information be from my original requests where they state they could not provide them for whatever reason?  Also, would this requested information be sent to both the Plaintiff and the court to file it, or just the Plaintiff?

Sorry for all the questions, but I am an amateur with all this legal stuff.

 

Thank you so much for your help!!

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Sorry. I was following up with a motion to preclude statement from earlier. It was more a question for the group on an interpretation of "non-complying" and how it could be used in a motion to preclude.

 

FYI

 

Affidavit  -  Written testimony. Usually supplied by the plaintiff to show what the affiant can be expected to say as a witness or to authenticate documents.

 

Affiant  -  The person writing/ signing the affidavit.

 

ROGS  -  Interrogatories. Written questions you ask during discovery.

 

You send discovery to the Plaintiff only. You can file a notice with the court to show a record of when you sent them. It can be helpful if (when) the plaintiff ignores them and you are forced to compel (request the court to make them answer).

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  • 3 weeks later...

Thank you Flyerfan!!  I did send discoveries to the Plaintiff back on 15 Nov 2012, and I have documentation stating as such.  However, since they have received them and replied to them, which I posted at the top of this discussion, I have not heard from them since their dated answer back on 14 Dec 2012.  Not even on the answers to my questions where they gave me no answers due to them not having the information, but have requested them from the original creditor and will supply the information when the Plaintiff obtains them.  I'm not sure what else to do now since I have not heard from the Paintiff for over a month now.  Please advise.

Thank you!!

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Thank you Flyerfan!!  I did send discoveries to the Plaintiff back on 15 Nov 2012, and I have documentation stating as such.  However, since they have received them and replied to them, which I posted at the top of this discussion, I have not heard from them since their dated answer back on 14 Dec 2012.  Not even on the answers to my questions where they gave me no answers due to them not having the information, but have requested them from the original creditor and will supply the information when the Plaintiff obtains them.  I'm not sure what else to do now since I have not heard from the Paintiff for over a month now.  Please advise.

Thank you!!

 

Do you have a trial date set and, if so, when? Usually right after discovery there is a MSJ (Motion for Summary Judgment) to deal with. If they haven't filed one, that is good news.

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  • 1 month later...

Hello again everyone,

I got copied on this letter from the Plaintiff in the mail that was sent to the Judge asking to reschedule my case for Calendar Announcements that was due on 4 Mar 2013.  I don't know why I was never told about this case date.  Shouldn't I have gotten some sort of court date for this so that I could have attended?  How do I ensure I get the next date?

Anyhow, this is what is in the letter that was sent to the Judge and myself from the Plaintiff (Hanna and Associates):

 

Judge XXXXX,

 

The above styled case is scheduled for Calendar Announcements due on March 4, 2013.  Please be advised that the defendant filed their answer on September 10, 2012 (actually I filed my answers to their first Discovery requests on 15 Nov 2012, and they (Plaintiff) filed their answers to my first Discovery requests on 14 Dec 2012).  We are currently not ready for trial at this time, and would like the full 180 days to conduct discovery (they were not able to answer all my Discovery requests that I had sent them).  Please allow this letter to serve as a formal request to remove the case from the aforementioned calendar as well as any upcoming trial calendars to the next term of court.

 

Thank you for your assistance in this matter, and should you have any questions or wish to discuss this matter please do not hesitate to contact me.  Please send your response back directly to the calendar department at ………………… or fax ………………..

 

 

That is basically everything in their letter.  Is there anything that I as the Defendant can do or use this letter to my advantage?

Any help on this would be greatly appreciated.

Thank you,

Steve, Defendant

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Please be advised that the defendant filed their answer on September 10, 2012 (actually I filed my answers to their first Discovery requests on 15 Nov 2012, and they (Plaintiff) filed their answers to my first Discovery requests on 14 Dec 2012).

 

This could be the date you filed your answer to the complaint.

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I wouldn't worry about it. They have extended discovery and given you more time to prepare for a possible MSJ (not proper to file an MSJ during discovery). The judge will most likely grant this anyway. No point in objecting to something you can't stop anyway. Hold your objections for something that matters.

 

Discovery won't help them anyway. They have nothing and will get nothing and, especially after they asked for more time to do it, will look very bad. 

 

JMO

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Flyerfan,

I just posted a letter that I was copied on that was sent to the Judge to move my case on Calendar Announcements.  That was the first I had heard back from the Plaintiff since they filed their first answers against my Discoveries.  They want more time to conduct Discovery.  I haven't received any MSJ from anyone about my case.  Not sure what to do next.

Thank you.

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