dwalt2400

Jan discovery in tx, Equable Ascent NEED HELP

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Merry Christmas Yall. Thanks for your help with the other lawsuit.. it s progressing. 

 

this is our second one.  I have a few questions on discovery so I dont look stupid.  If yall can help I appreciate it.

 

Its for Equable Ascent, F/K/A Hilco Recv.  ( Anh Regent lawyer)

Served 10/27 properly in person in Harris County but for wrong venue ( downtown when we live 25 miles away)  

3200.00 amount, for some credit card, Unnamed in papers. It has an acct number in full but we have no idea what it is. DOesnt apply to any credit card I;ve seen ( starts with 7714XXXXXXX 

 

Being sued for Breach of contract and  On Quantum Meruit

Wants attny fees

request for admissions.   ( I have tried to scan in 4 times and been booted. sorry. ( Im going to paraphrase both query and answer)  By number. 

 

( my answer is below theirs)

1. Plaintiff ( or predecessor in interest) entered into a contract with defendant  

LACK OF PRIVITY

2.Based on Def. request, Plain or Pred, opened acct, 

Lack of Suff Knowledge to form an informed answer


3. Plaint. is owner of indebtedness of acct

Lack of suff knowledge

4.Def entered in  agree. to create chrge acct for credt

Lack of suff knowledge

5.Plaint. offered extension of credit to def in exchange  for def promise to repay

Lack of suff knowledge

6. def  has understood from time that  the acct was opened that a loan was being made to  def  for the amoount requested.

Lack of suff knowledge

 

 

7. def  has understood from time that  the acct was opened that def  is required  and olbigated to repay all charg and fee incurred on acct.

Lack of suff knowledge

8.Def Purchased goods or services using the credit provided by plaint. in interest

lack suff knowledge

9. def made payment on acct

Lacks suff knowledge to make an informed answer

10. After acct was opened, def received monthly statements showing balance remaining on acct along with minimum 

Lacks suff know. ( have no clue what this card is) Has no name of bank or orignal)

11.  Since acct was opened . def has not notified plaintiff of a dispute or error re info contained in mo statement.

I lack suff knowledge to form an infromed answer

12/ Def. currently owes plain sum of 3200

You bought this debt yourself, harming self, cannot benefit

I do not know anything about it

Lack Privity

 ( WHICH SHOULD I USE?)

 

13. the attached statment accurately states the amount of money owes on acct  ( nothing was attached)

 

 

14. Def has breached the contract with Plaint  

Lack of privity, Had no contract with Equable, never heard of you.  

 

15 Def Breach damaged Plaint in amt of 3200

I have no contract with Equable. Thus no damage. This is a junk debt purchased by you knowingly, You damaged yourself. 

 

16. Plaintif made demand upon Def prior to filing of this suit for payment on the account

DENIED ever receiving

17. Def recieved a demand letter from plaint. or plain predecessor for payment on acct

Lack suff knowledge to form informed answer, as I dont know who this is. 

18.  At no time prior to filing of suit did def or def rep  request verification of this debt from the plaint or pred 

Lacks suff knowledge to make an informed answer

 

19.at no time prior to filing, did def or rep, dispute the debt owing on the Acct

Lacks suff knowledge to make an informed answer

20. Def is not a member of Military service w/ assign or orders that would give the def a right to delay under the law

Agreed, not in the military

21. Contractual interest rate of at least 18% per year was agreed to by Plain and Def 

Lacks suff knowledge to make an informed answer.  

 

22.Def has no defense to this suit and judgement should be granted as prayed for

Denied, Lacks Privity, I dont have agreement with this company, never heard from, agreed to anything with Equable, never had any card with them.  Never agreed to pay anything with them.  I lack enough info to agree or disagree  ( OK THAT S TOO MUCH>> HELP ME WHITTLE THIS ONE)

 

23.at least 813. should be award to Plain as attny fees in suit.

Denied,  bought junk suit falsely against wrong person without proper information, harmed self. I m not paying.

24.The docs attached to petition are true and correct copies of the business records maintained by plaintiff.  

WE RECEIVED NOTHING>  

 

25.  by the terms of agreement , Plaint is entitled to charge Def late fees if monthly payments are late.

Lacks suff knowledge

26 Collection of any fees charges or expense is expressly authorized by Def agreement w plain

Lack of Privity, Lack of knowledge

27. Plaint has applied all and just lawful offsets to account.

Lack suff knowledge. I see none. 

 

28.

If  def requested  verification of debt from plaintiff, plaintiff verified the debt prior to filing this lawsuit  ( WHAT?  They said I didnt verify this debt and then they say if I did do it, they verified)  How can they do both?  HOW DO I ANSWER THIS BULL HOCKEY?

 

 

 

 

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Request for disclosures

( continued)

Pursuant to Rule 194, Plaint requests the following:  ( NONE Of this really applies except the name I think)

a correct names to  lawsuit  ( I will tell em the name right?)

b. the name address of potential parties  ........... none

c/ legal theories and in general factual basis of the responding parties claims or defenses ( the responding party need not marshal all evidence that may be offered at trial)

 

d. the amt and any method of calculating $ damage

 

e the name address and phone of ppl having knowlede of relevant facts, brief statement of each iditenitfed connection to case ( kind of hard when I dont know what this is about)

 

f For testifying experts ( list of  rules/info needed documents addr etc)

 

g.any indemnity and insuring agreements described in rule 19.3 (f)

h.  any settle agreements described in rule 192.3g

i any witness statements described in in rule 192.3h

j in a suit alleging physical or mental injury and damages from the occurences that is the subject of the all medical record and bills that are related to to the injuries or related to injuries or asserted or in lieu there of, an authorization permitting discolosure of medical records and bills.   ( I dont think this applies)

 

 

I really appreciate any help in how to answer, and what I need to poke them back with because they sure are sneaky rat basterds sneaking in some of this stuff.  Like fake docs that arent there and no info on the "Account"   WE HAVE denied or verified many of our debts for months.   WITH Lex Credit program no less so We have records of it in two places. 

 

Lying, conniving sneaky lil so and sos.  Lily livered baboons IMO. 

 

 

Thanks again

CC

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The Defendant makes the following response to the Requests for Admissions included in the Plaintiff’s Original Petition:

I would answer all request for admissions 1-28 like this.

 

1. Plaintiff ( or predecessor in interest) entered into a contract with defendant.

 

Response: The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

2.Based on Def. request, Plain or Pred, opened acct,

 

Response: The information known or obtainable by the Defendant is insufficient to enable a response to the request. Defendant denies the request until such time as sufficient information is known to make a different response.

 

 

 


DEFENDANT’S RESPONSE TO REQUESTS FOR DISCLOSURE

The Defendant makes the following response to the Requests for Disclosure included in the Plaintiff’s Original Petition:

A. The correct names of the parties to the lawsuit.

Response:The Defendant’s name is dwalt2400

B. The name, address and phone numbers of any potential parties.
Response: The Defendant does not know the name, address or phone number of any potential parties.

C. The legal theories and, in general, the factual bases of your claims and defenses;
Response: The Plaintiff cannot prove a claim to recover under the doctrine of quantum meruit, plaintiff has not established that: 1) valuable services and/or materials were furnished, 2) to the party sought to be charged, 3) which were accepted by the party sought to be charged, and 4) under such circumstances as reasonably notified the recipient that the plaintiff, in performing, expected to be paid by the recipient.

The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.

D. The amount and any method of calculating economic damages.
Response: None at this time.

E. The name, address and phone numbers of persons having knowledge of relevant facts, and a brief statement of each person’s connection with the case.
Response:None at this time.

F. For any testifying expert:

Response:None at this time.

G. Any indemnity and insuring agreements described in Rule 192.3(f)
Response: No indemnity or insuring agreements are known to the Defendant at this time

H. Any settlement agreements described in Rule 192.3(g).
Response: No settlement agreements are known to the Defendant at this time.

I. Any witness statements described in Rule 192.3(h).
Response: No witness statements are known to the Defendant at this time.

J. In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills.
Response: Not applicable to this suit.

K. In a suit alleging physical or mental injury and damages from the occurrence that is the subject of the case, all medical records and bills obtained by the responding party by virtue of an authorization furnished by the requesting party.
Response: Not applicable to this suit.
Respectfully Submitted,

dwalt2400

 

Certificate of Service
On December 25, 2012, I dwalt2400 caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:  Regent & Associates, PC, 2650 Fountain View Dr. #233, Houston, Texas, 77057 By Certified U.S. Mail, Return Receipt Requested By U.S. Mail
 

attention Ahn H. Regent




THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE!

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thanks.  and the  previous page of discovery questions?  those are ok as I have listed?

 

I was also going to put the bit about  I leave the opportunity to amend my answers as needed if information presents itself.

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made a few changes,now its time to get them busy.

If you want to send them discovery.See next post.

Be sure to leave enough space so they can answer

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thanks racecar.  I cant believe what they think passes as information in that crap!  It was worse than my lawsuit ( this one is my boyfriends)  They didnt even bother attaching stuff and yet claim they did.  Liars and half assing stuff.  Sheesh.

 

Thanks so much for your help.  I just didnt want to leave out any answers. I guess the privity answer isnt applicable until they prove more  Right now it is just a bunch of their words. 

 

Hope you had a great holiday

 

Cindy

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No. DC-12-XXXXX

Regent & Associates,
Plaintiff,

vs.

dwalt2400
Defendant,

IN THE DISTRICT COURT OF HARRIS COUNTY TEXAS

DEFENDANT’S FIRST DISCOVERY REQUEST
To:Regent & Associates, PC, 2650 Fountain View Dr. #233, Houston, Texas, 77057 , through its attorney,Ahn H. Regent.

The defendant serves this First Discovery Request, consisting of a request for disclosure, interrogatories, requests for production, and requests for admissions upon you pursuant to Texas Rules of Civil Procedure 194, 196, 197, and 198.

Instructions

You must respond to the request for disclosure as required by Texas Rule of Civil Procedure 194.2 within 30 days of service of this request.

You must answer each interrogatory, separately, fully, in writing, and under oath, within 30 days after service.

You must produce all requested documents, as they are kept in the ordinary course of business or labeled to correspond to the categories in the request, for inspection and copying not more than 30 days after service To the Home address of dwalt, dwalts address and zip code.

You must admit or deny each request for admission in writing within 30 days after service.

Definitions
The following definitions shall have the following meanings, unless the context requires otherwise:
1. “You” or “Your” refers to Equable Ascent .
2. “Account” means the original creditor's credit card account, number xxx-xxxxxx-xxxx, that you contend the defendant owes in this lawsuit.
3. “Assignors” means the original creditor on the account, and any person who has had an ownership interest in the account other than you. Assignors also includes any successors to an Assignor by merger, corporate acquisition or other transfer of assets that included the account, even if such merger, acquisition or asset transfer did not specifically reference the account.
4. “Goods or Services” means goods, services, personal services, wares, merchandise, labor, or materials. It does not include an advance, loan or payment of money. It does not include services incidental to an advance, loan or payment of money such as account handling or collection services.
5. “Securitization” means an arrangement whereby ownership of some or all of the rights in an account is transferred to a special purpose vehicle, trust, or other entity pursuant to an arrangement in which securities are issued based upon the value of the accounts.
6. “Document” means all written, typed or printed matter and all magnetic, electronic, or other records or documentation of any type or kind. This definition is intended to encompass any type of thing subject to production under the Texas Rules of Civil Procedure. Without limitation, “document” includes: letters, correspondence, telegrams, memoranda, notes, records, minutes, contracts, agreements, records or notations of telephone or personal conversations, conferences, or interoffice communications, microfilm, bulletins, circulars, pamphlets, facsimiles, invoices, tape recordings, photographs, video tapes, films and other graphical matter, as well as electronic mail messages, web pages, computer files, databases or other information stored in or accessible from a computer system, personal computer, or mobile device. The term further includes drafts and copies not identical to the originals, however produced or reproduced, and all versions of a document if the document has changed in content or appearance over time.
7. “Possession, custody or control” of an item means that the person or his officer, director, agent, employee, representative, attorney, or other person acting on the person’s behalf either has physical possession of the item or has a right to possession or access that is equal to or superior to the person who has physical possession of the item.
8. “File” means any collection or group of documents maintained, held, stored, or used together, including without limitation, all collections of documents indexed, maintained, held, or stored in folders, notebooks, or other devices for accessing, storing, separating or organizing documents.
9. “Person” means any natural person, corporation, firm, association, partnership, joint venture, proprietorship, governmental body, or any other organization, business, or legal entity, and all predecessors and successors in interest.
10. “Relating to or relates to” means, without limitation, embodying, mentioning, or concerning, directly or indirectly, the subject matter identified in the request.
11. “Concerning” means, in whole or in part, directly or indirectly, referring to, relating to, connected with, commenting on, responding to, showing, describing, analyzing, reflecting or constituting.
12. “Communication” includes any oral, written, electronic, or other communication.
13. “Date” means the exact date, month and year, if ascertainable, or if not, the best possible approximation.
14. “Mobile device” means cellular telephone, satellite telephone, pager, personal digital assistant, palm top, handheld, or laptop computer, electronic rolodex or other similar device that can be used to access, store or retrieve information.
15. “Identify”, when referring to a person, means you must state the person’s:
a. Full Name;
b. Present or last known residential address and telephone number; and
c. Present or last known work address and telephone number.
Provided, that it is not necessary to state a person’s address or telephone information more than once as long as subsequent identifications of the person are sufficient to associate the person with the previously supplied address and telephone information.
16. “Identify”, when referring to a document, means you must either produce the document and refer to it by means of its identifying number in a sequential numbering system or other unique identifier or state the following:
a. The nature (e.g. letter, handwritten note) of the document.
b. The title or heading that appears on the document
c. The date of the document
d. The identity of the author and/or signer of the document.
e. The identity of the recipient of the document.
f. The present location of the document and the identity of the person or persons who have custody of the document.

Request for Disclosure
The defendant hereby requests that you disclose the information and material described in Rule 194.2 within 30 days of service of this request.

Interrogatories and Requests for Production
Defendant requests that you respond to the following interrogatories and requests for production. The requests are organized by subject matter. The headings are intended for convenience. They do not modify the meaning of any request.

Trial Witnesses
Interrogatory 1. Identify each person you expect to call to testify at trial, excluding any rebuttal or impeachment witnesses, the necessity of whose testimony cannot be reasonably anticipated before trial.
Answer:

Communications with Defendant
Interrogatory No. 2. Describe each communication between you, your attorneys, or one of your Assignors and the defendant regarding the account. Include in your description the identity of the parties to the communication, the date of the communication, and the substance of the communication.
Answer:

Request for Production No. 1. Please produce all communications between you, your attorneys, or one of your Assignors and the defendant regarding the account.

Request for Production No. 2. Please produce all notes of communications between you, your attorneys, or one of your Assignors and the defendant regarding the account.

Request for Production No. 3. Please produce all recordings of communications between you, your attorneys, or one of your Assignors and the defendant regarding the account.

You or Your Assignor’s Sales of Goods or Services to Defendant
Interrogatory No. 3. If you contend the defendant is liable to you on a Breach of contract, or quantum meruit theory, describe each transaction in which you or one of your Assignors provided Goods or Services to the defendant. Include in your description the date of the transaction, an identification of the Goods or Services provided, and the agreed upon price of the Goods or Services. If you cannot provide the agreed upon price of the Goods or Services, provide the usual, customary and reasonable price of the Goods or Services instead.
Answer:

Request for Production No. 4. If you contend the defendant is liable to you on an Breach of contract, and quantum meruit theory, please produce all documents showing how plaintiff was damaged as a result of the breach,plaintiffs tendered performance,valid contract, invoices, receipts, or statements evidencing each transaction in which you or one of your Assignors provided Goods or Services or money to the defendant.

Acknowledgement of Amount Due.
Interrogatory No. 4. If you contend the defendant acknowledged any amount alleged to be due on the account, describe the manner in which the defendant made such acknowledgement. Include in your description the date of the acknowledgement, the amount acknowledged to be due, and the manner in which the acknowledgement was made.
Answer:

Request for Production No. 5. If you contend the defendant acknowledged any amount alleged to be due on the account, please produce all documents evidencing that acknowledgment or setting forth the date of the acknowledgement or the amount acknowledged.


Agreements Relating to the Account.
Interrogatory No. 5. If you or one of your Assignors entered into an agreement with the Defendant regarding the account at issue in this lawsuit, state the date of the agreement, identify the parties to the agreement, and set forth the terms of the agreement.
Answer:

Request for Production No. 6. Please produce the account application.
Request for Production No. 7. Please produce the initial account agreement.
Request for Production No. 8. Please produce every amendment to the account agreement.
Request for Production No. 9. Please produce every notice of a change in any term of the account, including but not limited to a change in the rate of interest or amount of any fee applicable to the account
Request for Production No. 10. Please produce every schedule of interest rates or fees applicable to the account.
Request for Production No. 11. Please produce every document that accompanied a credit card delivered to the defendant or another signatory or user of the account.

Request for Production No. 12. Please produce every settlement agreement, payment plan or other similar agreement between the defendant or another signatory or user of the account and you, your attorneys, your Assignors or any debt collector handling the account after the account went into default.




Offer and Acceptance
Interrogatory No. 6. For each agreement you contend was offered to and accepted by the defendant, including but not limited to the original account agreement, any amendment to the agreement, any notice of a change in any term of the agreement, or any schedule of interest rates or fees applicable to the account, explain how the agreement was offered to and accepted by the defendant.
Answer:

Request for Production No. 13. For each agreement, amendment to an agreement, or notice of change to the terms of the account you contend was offered to and accepted by the defendant, please produce every document that evidences such offer or acceptance.


Delivery of Account Documents
Interrogatory No. 7. Explain how each document containing the terms of any agreement for the account or reflecting any amount due on the account was delivered to the defendant, including but not limited to, the original account agreement, any amendment to the agreement, any notice of a change in a term of the agreement, any schedule of interest rates or fees applicable to the account, any credit card issued in connection with the account, and any statement of payments, charges, fees or interest for the account. Include in your explanation the date the document was delivered and a description of the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered.
Answer:

Request for Production No. 14. For each document listed below that was delivered to the defendant, please produce all documents indicating the date the document was delivered and the manner in which it was delivered, including, if the document was delivered by the Postal Service or other courier, the location to which it was addressed and whether the document was returned undelivered:
a. The original account agreement for the account.
b. Any amendment to the agreement for the account.
c. Any notice of a change in any term of the account, including but not limited to a change in the rate of interest or amount of any fee applicable to the account.
d. Any schedule of interest rates or fees applicable to the account.
e. Any credit card issued in connection with the account.
f. Any statement of payments, charges, fees or interest for the account.
g.Any application for the alleged account

Ownership of the Account
Interrogatory No. 8. For each instance in which ownership of any rights in this account was assigned, starting with the original assignment by the originator of the account, describe the assignment. In your description of the assignment, include the date of the assignment, identification of the parties to the assignment agreement, and a summary of the terms of the assignment agreement.
Answer:

Interrogatory No. 9. For each instance in which ownership of any rights in this account was assigned, starting with the original assignment by the originator of the account, state the consideration supporting the assignment agreement.
Answer:

Interrogatory No. 10. If ownership of this account or of any rights in this account was ever assigned in connection with a Securitization arrangement, describe the assignment by stating the date the assignment occurred and identifying the parties to the assignment.
Answer:

Request for Production No. 15. Please produce a complete copy of the agreements that constitute the chain of title for the account starting with the agreement between the originator of the account and its assignee and including each agreement between an assignee of the account and another assignee of the account and/or you. This is a request for the entire agreement, not just a bill of sale or exhibit to an agreement, and includes master agreements whose terms relate in any way to or are incorporated by an agreement or bill of sale transferring rights to the account. In order to protect the privacy of other debtors whose accounts may be included in such agreements, you may redact or otherwise omit information identifying any debtor other than the defendant.

Request for Production No. 16. Please produce all documents containing any warranties or representations made by the originator or any Assignor of the account to you or another Assignor of the account.

Request for Production No. 17. Please produce all documents indicating the consideration you paid to obtain your rights in the account.

Request for Production No. 18. Please produce all documents indicating or describing the scope or extent of the rights you own in the account.

Request for Production No. 19. Please produce all documents indicating or describing the scope or extent of the rights that anyone other than you owns in the account.

Request for Production No. 20. Please produce all documents indicating or describing any obligation by you to pay money collected on the account to another entity, other than a contingency fee agreement with the attorney representing you in this lawsuit.

Request for Production No. 21. Please produce a complete copy of any agreement assignment ownership of this account or of any rights in this account in connection with a Securitization transaction, including but not limited to any receivables purchasing agreements, receivables contribution or sale agreements, pooling agreements, servicing agreements, trust agreements, delegation of servicing agreements or other similar agreements to or from a trust, pool, or other similar entity, as well as any amendments, supplements and exhibits to such agreements. In order to protect the privacy of other debtors whose accounts may be included in such agreements, you may redact or otherwise omit information identifying any debtor other than the defendant.

Relevance and Authenticity of Generic Account Documents.
Interrogatory No. 11. For each document you have produced that you contend applies to the account and that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, explain how you know the document applies to the account.
Answer:
Interrogatory No. 12. For each document you have produced that you contend applies to the account that does not contain the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, and that was created by someone other than you, identify the source of the document by stating the date you obtained the document and identifying the person from whom you obtained the document.
Answer:
Request for Production No. 22. For each document you have produced that you contend applies to the account and that does not contain some piece of the defendant’s identifying information, such as the defendant’s name, social security number, account number, or signature, please produce every document containing information from which it may be determined whether the document applies to the account.
Interest
Interrogatory No. 13. Identify each interest rate you contend was applicable to this account by stating the interest rate, the time period during which it applied to this account, and the category of transactions, such as purchases, cash advances, special offers or other classes of transactions to which it applied and explain why the rate was applicable to the account as you contend.
Answer:
Request for Production No. 23. For each interest rate you contend was applicable to this account, please produce every document containing information from which it may be determined whether the interest rate applied to the account.

Account Transactions
Interrogatory No. 14. For every account transaction, including but not limited to purchases, cash advances, fees, interest, payments, credits, and adjustments, from the inception of the account to the present date, state the date of the transaction, the amount of the transaction, and the description of the transaction that appeared on the account statement.
Answer:
Request for Production No. 24. For every account transaction, including but not limited to purchases, cash advances, fees, interest, payments, credits, and adjustments, from the inception of the account to the present date, please produce documents evidencing the date of the transaction, the amount of the transaction, and the description of the transaction that appeared on the account statement.
Request for Production No. 25. Please produce every statement of payments, charges, fees or interest for the account that was delivered to the Defendant.
Disputes
Interrogatory No. 15. Describe any dispute relating to the account made by the defendant or any other person allegedly obligated on the account at any time since the inception of the account. Include in your description the date the dispute was received, a summary of the dispute, and a summary of the outcome of the dispute.
Answer:
Request for Production No. 26. Please produce all documents relating to any dispute relating to the account made by the defendant or any other person allegedly obligated on the account at any time since the inception of the account. Include in your description the date the dispute was received, a summary of the dispute, and a summary of the outcome of the dispute.

Attorneys Fees
Interrogatory No. 16. For each task performed by your attorney or a non-attorney assisting your attorney in connection with the prosecution of this case for which you are seeking compensation, describe the task, state the date the task was performed, state the time it took to perform the task, and state the hourly rate that you intend to seek for the task.
Answer:
Request for Production No. 27. If you are seeking compensation for attorney’s fees in this case, please produce records of each task performed by your attorney or a non-attorney assisting your attorney in connection with the prosecution of this case, other than tasks for which you are not seeking compensation.
Request for Production No. 28. Please produce all bills received from your attorney for work performed in this case.
Request for Production No. 29. Please produce all records of costs or expenses actually incurred in connection with this case.
Request for Production No. 30. Please produce your fee agreement with your attorney.
Limitations
Interrogatory No. 17. State the date on which the defendant last went into default on the account.
Answer:
Interrogatory No. 18. State the date on which the defendant last made a charge to the account.
Answer:
Interrogatory No. 19. State the date on which the defendant last made a payment to the account.
Answer:
Interrogatory No. 20. If you contend the statute of limitations applicable to any claim in this action was tolled for any period of time prior to the filing of this action, explain the basis for your contention.
Answer:
Request for Production No. 31. Please produce all documents evidencing the date the defendant last went into default on the account.
Request for Production No. 32. Please produce all documents evidencing the date the defendant last made a charge or a payment on the account.
Request for Production No. 33. If you contend the limitations period applicable to this action was tolled for any period of time prior to the filing of this action, please produce all documents evidencing the beginning and ending dates of the tolling period.

Money or Property Obtained by Fraud
Interrogatory No. 21. If you contend that the defendant obtained money or other property from you or any of your Assignors by means of fraud, duress, or other unjust means, state the amount obtained, the date it was obtained, and explain why you contend it was obtained by fraud or duress.
Answer:

State Law Applicable to the Account
Interrogatory No. 22. If you contend that the law of any state other than Texas governs the substantive claims you have made in this lawsuit, identify that state.
Answer:

Unavailable Documents
Interrogatory No. 23. If any document you were asked to identify in any interrogatory or to produce in any request for production propounded in this case is not in your possession, custody or control, identify each person who has possession, custody or control of the document.
Answer:
Interrogatory No. 24. If any document you were asked to identify in an interrogatory or to produce in any request for production propounded in this case is lost, destroyed or otherwise unavailable, explain what happened to the document. Include in your explanation the identity of the person who last had possession, custody or control of the document and the date the document was lost, destroyed or otherwise became unavailable.
Answer:

Demands for Payment
Request for Production No. 34. Please produce all demands for payment of the account made by you, your attorneys or one of your Assignors.


Source and Authenticity of Account Documents
Request for Production No. 35. Please produce any manuals, instructions, guidelines, or other communications that explain your retention policies for documents or other information about the account.
Identified Documents

Request for Production No. 36 If you identified any of your business records in response to one of the foregoing interrogatories, please produce those records.

Trial Exhibits
Request for Production No. 37. Please produce all documents or other tangible items you intend to introduce at the trial of this case.

Requests for Admissions
1. Admit that you did not provide any Goods or Services or money to the defendant.
2. Admit that the original card issuer did not provide any Goods or Services or money to the defendant.
3. Admit that none of your Assignors provided any Goods or Services or money to the defendant.
4. Admit that the terms of the account are governed by a written contract.
5. Admit that the Defendant has never acknowledged that any amount is due on the account.
6. Admit that the Defendant has never agreed that any amount is due on the account.
7. Admit that you do not own the account.
8. Admit that you do not have standing to sue on the account.
9. Admit that you do not have capacity to sue on the account.
10. Admit that the claims asserted in the lawsuit are barred by the statute of limitations.
11. Admit that Plaintiff has no personal knowledge as to why the Original Creditor entered any transaction, debit, credit or charge on any billing statement for the Account.
12.Admit that Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any written agreement governing the Account.
13.Admit that Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any billing statement for the Account.
14. Admit that the defendant last made a charge to the account more than 2 years prior to the date you filed this lawsuit.
15. Admit that the defendant last made a payment to the account more than 2 years prior to the date you filed this lawsuit.
16. Admit that you have not made demand for payment on the defendant.
17. Admit that the defendant did not receive money or other property from you by means of fraud, duress or by any other unjust means.
18. Admit that the defendant did not receive money or other property from the original card issuer by means of fraud, duress or by any other unjust means.
19. Admit that the defendant did not receive money or other property from any Assignor by means of fraud, duress or by any other unjust means.
20. Admit that Texas law governs the substantive claims you have asserted in this case.
Respectfully Submitted,

Certificate of Service
On December 25, 2012, I dwalt2400 caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below: Regent & Associates, PC, 2650 Fountain View Dr. #233, Houston, Texas, 77057 By Certified U.S. Mail, Return Receipt Requested By U.S. Mail

 

THE CONTENT IN THIS BLOG IS FOR INFORMATION PURPOSES ONLY AND IS NOT TO BE MISCONSTRUED AS LEGAL ADVICE!

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Personally, I would simply deny 3, 5, 13, 14, 15, 21, 23, and 24. 

 

#5 for instance...the Plaintiff, Equable, didn't offer you anything.  Now, if they had stated "Plaintiff's Predecessor", you might state "Defendant has insufficient knowledge." 

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Holy Cow Racecar.. that will surely cover all bases hehe.  Especially the part since I have no idea who and what they are suing us for. 

 

And BV.. they did us predecessor in alot of the comments, I may have shortened it, I will have to look at it again in those discoveries you indicated.  thanks.

Cindy

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