Jump to content

Cach LLC Texas Petition, Disclosure, and Admissions


Recommended Posts

1. Who is the named plaintiff in the suit? Cach LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for? about 6k

4. Who is the original creditor? (if not the Plaintiff) BOA

5. How do you know you are being sued? (You were served, right?) Served

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Bexar County Texas

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Still within SOL (2010)

11. What is the SOL on the debt? To find out: 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Petition answered with general denial.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already responded to petition, looking for guidance on Request for Disclosure and Request for Admissions both of which have 50 day timeline. 38 days elapsed, which leave us with about 12 days left to file.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all.

Link to comment
Share on other sites

Wondering if I can receive some guidance with the following questions. I have scanned and modified for privacy.

 

https://www.dropbox.com/sh/r5wy62iceji9soh/H3AoVdBbQt

 

I also noticed in the title of the served papers, I have Original Petition, Request for Disclosure, Request for Admissions. Answer to petition has been filed, however wondering if i need to answer part 8 Request for Disclosure separate or if this is included in general denial in original answer:

Pursuant to Rule 194, you are request to disclose, within 50 days of service of this petition, the information or material described in Tex. R. Civ. P 194.2

 

Part 9 I assume is the pages I attached above: Request for Admissions

 

Pursuant to Rule 198, you are request to answer, within 50 days of service of this petition, the information attached hereto as a separate instrument pursuant to the directions therein.

Link to comment
Share on other sites

No. DC-13-XXXXX

Cach llc,
Plaintiff,

vs.

probono,
Defendant.

IN THE DISTRICT COURT OF BEXAR COUNTY TEXAS 73rd Judicial District

 

DEFENDANT’S RESPONSE TO PLAINTIFF'S ADMISSIONS

To:Cach LLC, through its attorney, RAUSCH STURM ISRAEL ENERSON & HORNIK 15851 N. Dallas Parkway Suite #245 Addison, TX 75001

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

 

Type out each question above the response

 

 

1.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.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.

3.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.

4.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

5.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

6.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

7.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

 

 

 8.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.

9.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.

10.The information known or easily 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.

11.The information known or easily 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.

12.The information known or easily 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.

13.The information known or easily 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.

14.The information known or easily 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.

15.Response: The defendant admits to receiving various statements for various accounts but does not have the information or knowledge to allow him to answer further. Subject to the foregoing, the defendant denies the request.

16.The information known or easily 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.

17.The information known or easily 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.

18.The information known or easily 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.

19.The information known or easily 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.

20.The defendant denies being active duty military.

21.Response: The information known or easily 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.

Respectfully Submitted,
probono

Certificate of Service
On January 03, 2013, I probono caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:

RAUSCH STURM ISRAEL ENERSON & HORNIK 15851 N. Dallas Parkway Suite #245 Addison, TX 75001
By Certified U.S. Mail, Return Receipt Requested By U.S. Mail

 

No. DC-13-XXXXX

Cach llc,
Plaintiff,

vs.

probono,
Defendant.

IN THE DISTRICT COURT OF BEXAR COUNTY TEXAS 73rd Judicial District

 

DEFENDANT’S RESPONSE TO REQUESTS FOR DISCLOSURE

To:Cach LLC, through its attorney, RAUSCH STURM ISRAEL ENERSON & HORNIK 15851 N. Dallas Parkway Suite #245 Addison, TX 75001

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 probono

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 has failed to state and cannot prove a claim on an account, either open, stated or under TRCP Rule 185, because the Defendant never received, personally or for the benefit of any other person, any goods, wares or merchandise, personal services, labor, or labor and materials from the Plaintiff or its assignor(s).
The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of an offer, acceptance and consideration given for the original contract between the Defendant and the Bank of America 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:Probono,defendant in this matter, address,phone number

The following persons have knowledge of relevant facts:
probono, who may be contacted at my home address,phone number

F. For any testifying expert:

1. The expert’s name, address, and telephone number.
Response:None at this time.

2. The subject matter on which the expert will testify.

Response: None at this time.

3. The general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by , employed by, or otherwise subject to the control of the responding party, documents reflecting such information.
Response:None at this time.
 

4. If the expert is retained by, employed by, or otherwise subject to the control of the responding party:

 Response:None at this time.
 

a. All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony, and
Response: None at this time.

b. The expert’s current resume and bibliography.
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,

Certificate of Service
On January 03, 2013, I probono caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:

RAUSCH STURM ISRAEL ENERSON & HORNIK 15851 N. Dallas Parkway Suite #245 Addison, TX 75001
By Certified U.S. Mail, Return Receipt Requested By U.S. Mail

Link to comment
Share on other sites

  • 2 weeks later...

Looks like we are all set. All of their requests have been filed. I suppose now I wait to contact the court to determine the status of the case. You mentioned discovery for the plaintiff. I noticed on a few other forums of different things to ask for, I assume that is what I should send them.

Link to comment
Share on other sites

I think a nice set of admissions is in order.  

 

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

 

2. Admit that (Defendant) has never entered into a contract, directly, with the Defend

 

3. Admit that XXXXX never sent any billing statements, in reference to the alleged account which is the subject matter of this lawsuit, or demands to Defendant, prior to the date in which XXXX allegedly became the alleged successor in interest to XXXXX

 

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

 

5. Admit that XXXX is not an affiliate or subsidiary of whatever bank is alleged to loan you money.

 

6. Admit that XXXXX does not produce or originate any "original" billing statement records on the behalf of XXXX

 

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

 

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

 

9. Admit that XXXXXX did not allegedly purchase Defendant's alleged account and alleged defaulted debt with no other allegedly defaulted accounts as part of the alleged sale of accounts to XXXXX

 

10. Admit XXXXX has no personal, first hand knowledge of the record keeping procedures and/or practices of XXXXX

 

11. Admit (name of affiant) who is the affiant for (Plaintiff), is not a current employee of (Plaintiff)

 

12. Admit (name of affiant) who is the affiant for (Plaintiff) has never been employed by (Plaintiff)

 

13. Admit (name of affiant) who is the affiant for (Plaintiff) has no personal first hand knowledge of the record keeping and business records keeping practices of XXX

 

14. Admit (name of affiant) who is the affiant for (Plaintiff) has no personal, first hand knowledge that Defendant allegedly defaulted on the alleged account and debt which is the subject matter of this lawsuit.

 

15. Admit (name of affiant) who is the affiant for (Plaintiff) does not have in their immediate possession or custody and control of all records pertaining to the alleged account and debt of the Defendant, which is the subject matter of this lawsuit. (set up for production of documents when the lie and deny this admission)

 

16. Admit (name of affiant) who is the affiant for (Plaintiff) does not maintain all the alleged business records for the alleged account and alleged debt, which is the subject matter of this lawsuit.(set up for production of documents when the lie and deny this admission)

 

17. Admit (name of affiant) who is the affiant for (Plaintiff) is simply reading information off a computer screen that was electronically provided to (Plaintiff) by (original creditor) (set up for production of documents when the lie and deny this admission)

 

18. Admit (name of affiant), who is the affiant for (Plaintiff) is only advised of the alleged balance allegedly owned to (Plaintiff) by the Defendant, and has no direct, personal, first hand knowledge of the alleged account and alleged debt.

 

19. Admit (name of affiant) who is the affiant for (Plaintiff) is only testifying in the affidavit as to what somebody else advised them or what somebody else records indicate, and has no personal first hand knowledge if the information which provided is in fact true and correct, only that (name of affiant) believes the information is true and correct because somebody else said so.

 

20. Admit (name of affiant) who is the affiant for (Plaintiff), can not attest to the authenticity of the alleged records, in the immediate possession and/or custody of XXXX, which were allegedly provided to the Plaintiff by (original creditor), which allegedly show that Defendant is legally indebted to Plaintiff in the amount of (whatever amount they are suing for)

 

21. Admit all records allegedly held by XXXXX, which allegedly prove Defendant is indebted to the Plaintiff, are not (Plaintiff) own business records which (Plaintiff) originated and keep in (Plaintiff's) regular course of business.

 

22. Admit XXXX has no document in their possession bearing Defendant's signature.

(this is a set up, such document is not needed but they will probably deny, then you hit them for a request for that document and of course they can't come up with it).

 

23. Admit the XXXX never verbally agreed to pay XXXX any sum of money.

(another set up, if they say denied then you want the recording of the call, name of the person that you spoke with, notes, subject matter of the conversation, you get the point)

 

24. Admit the Defendant never, in written form, agreed by contract or any other legally binding document, to be indebted to XXXX direct. (again, pray they deny, slam them with more requests)

 

25. Admit XXXX is aware that simply taking somebody's else alleged business records, in which XXXX had no personal first hand knowledge of their creation and their authenticity, and then putting those alleged business records into a file maintained by XXXX then referencing those records as XXXX business records, do not overcome the business records exception to hearsay.

(they will rightfully object to high heaven on this one, that's fine, it's an improper request for sure, but lets them know “YOUR SCREWED”)

 

26. Admit all of XXXX records, which allegedly show an obligation of the Defendant to XXXX are hearsay. (again, expect an objection as this is also improper)

 

27. Admit (name of affiant) who is the affiant for XXXX , if called to testify at trial against the Defendant, will be unable to testify as having any first hand knowledge as to the authenticity of the business records which (name of affiant) references in the affidavit, which was submitted as an exhibit as part of this lawsuit.

(If you notice I've asked this question about five times and just changed up the wording, what you hope here is to catch them denying it one time and admitting it one time, the answer is freaking obvious and you don't need an admission to know the answer).

 

28. Admit (affiant), who is the affiant for XXXX, if called to testify at trial against the Defendant, will be unable to testify, by personal first hand knowledge, to the authenticity of any alleged contract, oral or written, entered into by the Defendant with (original creditor).

 

29. Admit XXXX has been fined numerous times by the Federal Trade Commission for alleged illegal collection practices in the attempted collection of defaulted debts, alleged to be due and owed to XXXX. (use this if it's Midland or any other one that has been fined. They will object and you counter it goes to credibility and they are wanting the court to rely on an affidavit that they have been subjected to fines for using in the past)

 

30. Admit XXXX at any point and time in the last five years, has been found by a court of competent jurisdiction, to have falsified affidavit(s), specifically, submitting affidavits in which the affiant had not conducted a review of the account as alleged in the affidavit.

 

(They will love this one if it's Midland) (If this does not apply to whoever is suing then of course don't do it where they can truthfully deny, only use this if it damages their credibility)

 

31. Admit XXXX, at any point and time in the last five years, has been found, by a court of competent jurisdiction, to have used a robo signer to sign affidavits, the definition of “robo-signer” meaning auto signing and or simply stamping a name to the affidavit.

 

(pretty much only for Midland on this one)

 

32. Admit XXXX in the alleged purchase agreement with XXX where XXXXX became the alleged successor in interest to XXXX for the alleged account which is the subject matter of this lawsuit, involved more than five thousand accounts and/or debts being transferred in the same transaction.

(they will object but you can see where we are going here.   We are going to argue such a bulk sale has errors)

 

33. Admit XXXX has been court ordered to cease the illegal use of robo-signing affidavits. (or anything else you can drag up)

 

34. Admit XXX had to have a court of law, in a written order, order XXXX to no longer submit falsified affidavits. (Midland again)

 

(Works great for Midland)

 

35. Admit XXXXFunding routinely (routinely being defined as at least once a month) violates the Fair Debt Collection Practices Act.

 

36. Admit XXX routinely violates state collection laws in at least one state in the United States of America. (expect a denial, obviously, but if you get these deemed admitted.....oh boy)

 

37.. Admit XXX routinely enters into settlement agreements, in which to pay fines to different state and and federal agencies, not limited to state attorney generals and the Federal Trade Commission, for alleged illegal debt collection practices.

 

Goes to credibility when the obviously object. Remember they are the ones that are wanting to use documents in liu of live testimony so these questions are relevant.

 

38. Admit no court should consider any evidence submitted for consideration by XXXX, as XXXX has an extensive record of violating state and federal laws.

 

39. Admit XXXX has no more than a spreadsheet with Defendant's name, which references an alleged account with an alleged amount in default, and now allegedly owed to XXXX. (notice I've basically asked this prior in a different way)

 

Expect a denial of course and then slam their a$$ with a request for those documents other than a spreed sheet and watch the tucking of the tail and running start.

 

These are for if they don't respond and you file a motion to deem them admitted.  You obviously don't expect an admission-

 

40. Admit the Defendant is not in debited to XXXX in any sum of money.

 

41. Admit the Defendant has no liability, at all, to XXXX.

 

42. Admit XXXX has violated the FDCPA in the collection attempts against the Defendant.

 

43. Admit XXX should take nothing in their lawsuit against the Defendant.

 

44. Admit that XXX routinely files lawsuits with the attempt to only obtaina defualt judgement and when the Defendant challeges the Plaintiff's claims, the Plaintiff's routinely dismiss their case(s). Routinely defined as at least ten times in one year. (you might not want to use this one.   I use it to try and goad them into fighting because I think it's fun)

 

45.  Admit XXXX is using this honorable Court merely as an extension of their collection agency and attempting to bully the Defendant into a settlement as the Plaintiff is fully aware they are unable to prove their claim(s) against the Defendant with admissible evidence. (again, you might not want to use this one)

 

46.  Admit XXXX should have sanctions imposed on them if they drop this lawsuit after receiving these requests for admissions. (the ultimate let's fight)

 

47.  Admit that XXXX already decided to drop this lawsuit before even getting to theis admission because they just learned the hard way they just ran into a consumer that will fight and fighting back is not part of the business model of the Plaintiff. (don't use this one, but I love to use it)

 

48.  Admit XXX is no more than a school yard bully and when faced with a real fight runs. (more salt in the wound, I'd probably not use this unless you are very comfortable going to court)

 

49.  Admit the Plaintiff had no more intentions of taking this matter to trial, if faced with opposition from the Defendant, than the man in the moon.

 

50.  Admit the Plaintiff is offically f****ed (okay, nobody should use this one no matter how true it is)

 

 

 

 

 

 

 

 

 

 

 

 


  1.  

 

 

 

 

Link to comment
Share on other sites

Push it to the limit.  If it's not crystal clear in the rules, push it !!  Bruno, as you know, most that post for this type of help never follow through (sad) but those that do, a few months later we get those victory threads like Flyerfan just had.   The victory threads are great, we just don't see enough of them !!

 

The posters I've helped behind scene that have used these admissions or some form of them, if limited, have not only won, but have had the other side drop the case.   Of course I've had to almost jump through the computer screen to convince them the other sides threat for sanctions and objections are b.s. and to push all their chips to the center of the pot and go "all in" but they work and they work well.   Just have to put on your big boy pants, lose the fear, throw the first punch and not stop punching until your opponent is on the mat with judge yelling at you to get back in your corner as your are still coming at them with a rabid look on your face that a mack truck can't stop. 

  • Like 5
Link to comment
Share on other sites

Thanks guys. I will definitely post follow ups. I feel there are more than enough tools buried in this website to help anyone. I totally agree with the follow ups though, I tend to start reading a thread, it gets good, and then no more... I wish i knew what the turnout was this way we all learn if the actions provided worked or didn’t. Regardless, I thank you all greatly for the pointers. I am pushing this to the end. There is no fear, there is no turning back. What's done is done. I can only hope for the best.


I'm going to research more on the 25 interrogatory limit this afternoon.

Link to comment
Share on other sites

Actually had a little time right now. Looks like it is indeed 25 specifically stated under discovery while admissions does not mention a limitation. I suppose sticking to 25 is the safer approach unless anyone else has additional clarification.

Link to comment
Share on other sites

RULE 190. DISCOVERY LIMITATIONS

190.1 Discovery Control Plan Required. Every case must be governed by a discovery control plan as provided in this Rule. A plaintiff must allege in the first numbered paragraph of the original petition whether discovery is intended to be conducted under Level 1, 2, or 3 of this Rule.

190.2 Discovery Control Plan -- Suits Involving $50,000 or Less (Level 1).

(a) Application. This subdivision applies to:

(1) any suit in which all plaintiffs affirmatively plead that they seek only monetary relief aggregating $50,000 or less, excluding costs, pre-judgment interest and attorneys' fees, and

(2) any suit for divorce not involving children in which a party pleads that the value of the marital estate is more than zero but not more than $50,000.

( B) Exceptions. This subdivision does not apply if:

(1) the parties agree that Rule 190.3 should apply;

(2) a discovery control plan is ordered by the court under Rule 190.4;

(3) any party files a pleading or an amended or supplemental pleading that seeks relief other than that to which this subdivision applies.

A pleading, amended pleading (including trial amendment), or supplemental pleading that renders this subdivision no longer applicable may not be filed without leave of court less than 45 days before the date set for trial. Leave may be granted only if good cause for filing the pleading outweighs any prejudice to an opposing party.

© Limitations. Discovery is subject to the limitations provided elsewhere in these rules and to the following additional limitations:

(1) Discovery period. All discovery must be conducted during the discovery period, which begins when the suit is filed and continues until 30 days before the date set for trial.

(2) Total time for oral depositions. Each party may have no more than six hours in total to examine and cross-examine all witnesses in oral depositions. The parties may agree to expand this limit up to ten hours in total, but not more except by court order. The court may modify the deposition hours so that no party is given unfair advantage.

(3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.

(d) Reopening discovery. When the filing of a pleading or an amended or supplemental pleading renders this subdivision no longer applicable, the discovery period reopens, and discovery must be completed within the limitations provided in Rules 190.3 or 190.4, whichever is applicable. Any person previously deposed may be redeposed. On motion of any party, the court should continue the trial date if necessary to permit completion of discovery.

190.3 Discovery Control Plan -- By Rule (Level 2).

(a) Application. Unless a suit is governed by a discovery control plan under Rules 190.2 or 190.4, discovery must be conducted in accordance with this subdivision.

( B) Limitations. Discovery is subject to the limitations provided elsewhere in these rules and to the following additional limitations:

(1) Discovery period. All discovery must be conducted during the discovery period, which begins when suit is filed and continues until:

(A) 30 days before the date set for trial, in cases under the Family Code; or

( B) in other cases, the earlier of

(i) 30 days before trial, or

(ii) nine months after the earlier of the date of the first oral deposition or the due date of the first response to written discovery.

(2) Total time for oral depositions. Each side may have no more than 50 hours in oral depositions to examine and cross-examine parties on the opposing side, experts designated by those parties, and persons who are subject to those parties' control. "Side" refers to all the litigants with generally common interests in the litigation. If one side designate more than two experts, the opposing side may have an additional six hours of total deposition time for each additional expert designated. The court may modify the deposition hours and must do so when a side or party would be given unfair advantage.

(3) Interrogatories. Any party may serve on any other party no more than 25 written interrogatories, excluding interrogatories asking a party only to identify or authenticate specific documents. Each discrete subpart of an interrogatory is considered a separate interrogatory.

190.4 Discovery Control Plan -- By Order (Level 3).

(a) Application. The court must, on a party's motion, and may, on its own initiative, order that discovery be conducted in accordance with a discovery control plan tailored to the circumstances of the specific suit. The parties may submit an agreed order to the court for its consideration. The court should act on a party's motion or agreed order under this subdivision as promptly as reasonably possible.

( B) Limitations. The discovery control plan may address any issue concerning discovery or the matters listed in Rule 166, and may change any limitation on the time for or amount of discovery set forth in these rules. The discovery limitations of Rule 190.2, if applicable, or otherwise of Rule 190.3 apply unless specifically changed in the discovery control plan ordered by the court. The plan must include a trial date, a discovery period during which all discovery must be conducted, appropriate limits on the amount of discovery, and deadlines for joining additional parties, amending or supplementing pleadings, and designating expert witnesses.

190.5 Modification of Discovery Control Plan. The court may modify a discovery control plan at any time and must do so when the interest of justice requires. The court must allow additional discovery:

(a) related to new, amended or supplemental pleadings, or new information disclosed in a discovery response or in an amended or supplemental response, if:

(1) the pleadings or responses were made after the deadline for completion of discovery or so nearly before that deadline that an adverse party does not have an adequate opportunity to conduct discovery related to the new matters, and

(2) the adverse party would be unfairly prejudiced without such additional discovery;

( B) regarding matters that have changed materially after the discovery cutoff if trial is set or postponed so that the trial date is more than three months after the discovery period ends.

190.6 Certain Types of Discovery Excepted. This rule's limitations on discovery do not apply to or include discovery conducted under Rule 202 ("Depositions Before Suit"), or Rule 621a ("Discovery and Enforcement of Judgment"). But Rule 202 cannot be used to circumvent the limitations of this rule.

Link to comment
Share on other sites

mabey you could make this work,make the court header look like whats on the paperwork they sent you.

No. DC-08-06843

American Express Centurion Bank,

Plaintiff

vs.

probono

Defendant

In the District Court of Dallas County

68th Judicial District

DEFENDANT’S FIRST DISCOVERY REQUEST

To: American Express Centurion Bank, through its attorney, Alan R. Scheinthal, Sheinthal & Kouts, 4635 Southwest Fwy, Suite 720, Houston, TX 77027.

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 at probono's name.probonos address

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 American Express Centurion Bank.

2. “Account” means the American Express Centurion Bank credit card account, number xxx-xxxxxx-11001, 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 sworn account, open account, account stated, 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 open account, sworn account, account stated, or quantum meruit theory, please produce all documents, such as orders, invoices, receipts, or statements, evidencing each transaction in which you or one of your Assignors provided Goods or Services 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.

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 to the defendant.

2. Admit that the original card issuer did not provide any Goods or Services to the defendant.

3. Admit that none of your Assignors provided any Goods or Services 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 the defendant last went into default on the account more than 4 years prior to the date you filed this lawsuit.

12. Admit that the defendant last made a charge to the account more than 4 years prior to the date you filed this lawsuit.

13. Admit that the defendant last made a payment to the account more than 4 years prior to the date you filed this lawsuit.

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 January 17,2013, I caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:

Law firms name and address here

By Certified U.S. Mail, Return Receipt Requested By U.S. Mail

  • Like 1
Link to comment
Share on other sites

mabey you could make this work,make the court header look like whats on the paperwork they sent you.

No. DC-08-06843

American Express Centurion Bank,

Plaintiff

vs.

probono

Defendant

In the District Court of Dallas County

68th Judicial District

DEFENDANT’S FIRST DISCOVERY REQUEST

To: American Express Centurion Bank, through its attorney, Alan R. Scheinthal, Sheinthal & Kouts, 4635 Southwest Fwy, Suite 720, Houston, TX 77027.

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 at probono's name.probonos address

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 American Express Centurion Bank.

2. “Account” means the American Express Centurion Bank credit card account, number xxx-xxxxxx-11001, 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 sworn account, open account, account stated, 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 open account, sworn account, account stated, or quantum meruit theory, please produce all documents, such as orders, invoices, receipts, or statements, evidencing each transaction in which you or one of your Assignors provided Goods or Services 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.

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 to the defendant.

2. Admit that the original card issuer did not provide any Goods or Services to the defendant.

3. Admit that none of your Assignors provided any Goods or Services 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 the defendant last went into default on the account more than 4 years prior to the date you filed this lawsuit.

12. Admit that the defendant last made a charge to the account more than 4 years prior to the date you filed this lawsuit.

13. Admit that the defendant last made a payment to the account more than 4 years prior to the date you filed this lawsuit.

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 January 17,2013, I caused the foregoing instrument to be served by delivering a copy to all counsel of record in this case as indicated below:

Law firms name and address here

By Certified U.S. Mail, Return Receipt Requested By U.S. Mail

this is good. i plan on taking some of this on my discovery request. do you think its appropriate to mix Interrogatory and request doe documents on the same discovery request?

Link to comment
Share on other sites

you sure can

 

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. 

Link to comment
Share on other sites

  • 1 month later...

OK guys, filling in again. Got my admissions and discovery back from them. Pretty much denied the obvious and stated the rest was too broad. They sent back some junk statements, a verification page notarized saying their info is correct, and a bill of sale signed by someone at BOA saying Cach bought some debt. No account numbers or name on anything except statements. How can I be certain the docuemnts they say they have are legit and how should I proceed.

Link to comment
Share on other sites

I dont know how they answered (not posted) if are you satisfied with the plaintiffs answers to your discovery,stop reading,If no continue reading.

You draft requests that target information and documents that will help determine, among other things, what additional discovery you may need, from whom you should seek that discovery, and the strengths and weaknesses of the case. however, you have received responses to your carefully crafted requests that are woefully deficient and incomplete, full of numerous improper objections and refusals to answer legitimate requests. Such evasive responses violate the rules of discovery and hinder your ability to evaluate and further litigate your case.

In that situation, you of course must insist that the plaintiff respond fully and properly to your discovery requests. If opposing counsel persists in ignoring or fighting your efforts to obtain legitimate discovery, he or his client may pay for such conduct by being required to pay the costs that you incurred to obtain the discovery at issue(just as they would do to you). Significantly, you may be entitled to recover those costs and fees even if your opponent relents and properly responds to your requests before being ordered to do so by the court.

Next is the good‐faith attempt to resolve the discovery dispute before filing a motion to compel.

This is done"either in person or by telephone" with opposing counsel.(no wimps here)

Send opposing counsel a letter detailing why his responses are incomplete, and setting a deadline of two weeks for a response to your letter.

In order to satisfy its burden, the objecting party must make a specific detailed showing of how a request is burdensome

A mere statement by a party that a request is ‘overly broad and unduly burdensome’ is not adequate to voice a successful objection. Broad-based, non-specific objections are almost impossible to assess on their merits, and fall woefully short of the burden that must be borne by a party making an objection to an interrogatory or document request.

Plaintiff should be compelled to amend the responses to state whether documents exist or do not, and whether documents will be produced or withheld.Also check your local court rules.

http://www.supreme.courts.state.tx.us/rules/tdr-home.asp

http://www.supreme.courts.state.tx.us/rules/rules.asp

https://docs.google.com/viewer?a=v&q=cache:eyJflmY9KQcJ:thedamnews.com/images/Tex.%2520R.%2520Civ.%2520P.%2520215.pdf+&hl=en&gl=us&pid=bl&srcid=ADGEESiwtJxls3y6QF7RvpPcW1t_1uLx-R8UlUvCbcuriK9H6N-hLPCuxwoFFyZCIvCXTQGuHGpfcWcuu1WGjpMWe-PMTtXSq57XKkkSf4wtdGLe_r3C-OBYlvkm503wFdlWmLNbTCIC&sig=AHIEtbQqApYAwqsz0dwXM2rvZ0hurHzoUA

Link to comment
Share on other sites

I don't feel satisfied. I'm going to review the answers and see if I can show you guys, but I dont see how attaching a bill of sale saying you bought some accounts which does not neccessarily say my name or account number can be of use to prove their case.

 

https://www.dropbox.com/s/lcdmgcbhrli5zgl/scan0001.jpg

https://www.dropbox.com/s/y2axcy4wnsb6a4j/scan0002.jpg

 

More to come.

Link to comment
Share on other sites

Make sure you redact all your personal info from anything you post. Also get Racecars 20 questions and post them here with your answers, that way we will be able to help you more. We have a lot of success on here, especially if your willing to read, learn and fight.

Link to comment
Share on other sites

You should study the rules of evidence for your state. This is in the statutes, not the court rules. It lays out what the courts can and will accept. This is what you have to know in order to challenge these documents. Some states are rather loose with their rules of evidence, and it is up to the judge to decide what to accept. You have to challenge this and get it on the record. The judge will not challenge it for you, that's your job.

Link to comment
Share on other sites

Will review the evidence statutes for Texas this afternoon.

Here are admissions by the way.

 

1. Admit that you did not provide any Goods or Services to the defendant.
Admit


2. Admit that the original card issuer did not provide any Goods or Services to the defendant.
Deny


3. Admit that none of your Assignors provided any Goods or Services to the defendant.
Deny


4. Admit that the terms of the account are governed by a written contract.

Admit


5. Admit that the Defendant has never acknowledged that any amount is due on the account.
Deny


6. Admit that the Defendant has never agreed that any amount is due on the account.
Deny


7. Admit that you do not own the account.
Deny


8. Admit that you do not have standing to sue on the account.
Plaintiff objects to this request to the extent it requires a legal conclusion which the Plaintiff is not qualified to make, and which exceeds the scope of discovery as set forth in TRCP 192.3. Subject to and without waiving the forgoing objections and without providing an answer before first obtaining ruling of the court as to the objections recited above, Deny.


9. Admit that you do not have capacity to sue on the account.
Plaintiff objects to this request to the extent it requires a legal conclusion which the Plaintiff is not qualified to make, and which exceeds the scope of discovery as set forth in TRCP 192.3. Subject to and without waiving the forgoing objections and without providing an answer before first obtaining ruling of the court as to the objections recited above, Deny.


10. Admit that the claims asserted in the lawsuit are barred by the statute of limitations.
Plaintiff objects to this request to the extent it requires a legal conclusion which the Plaintiff is not qualified to make, and which exceeds the scope of discovery as set forth in TRCP 192.3. Subject to and without waiving the forgoing objections and without providing an answer before first obtaining ruling of the court as to the objections recited above, Deny.


11. Admit that the defendant last went into default on the account more than 4 years prior to the date you filed this lawsuit.
Deny


12. Admit that the defendant last made a charge to the account more than 4 years prior to the date you filed this lawsuit.
Plaintiff does not have sufficient information to admit or deny this request, therefore, Deny.


13. Admit that the defendant last made a payment to the account more than 4 years prior to the date you filed this lawsuit.
Deny


14. Admit that the defendant last made a charge to the account more than 2 years prior to the date you filed this lawsuit.
Plaintiff does not have sufficient information to admit or deny this request, therefore, Deny.


15. Admit that the defendant last made a payment to the account more than 2 years prior to the date you filed this lawsuit.
Admit

 

16. Admit that you have not made demand for payment on the defendant.
Deny


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.
Admit


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.
Plaintiff does not have sufficient information to admit or deny this request, therefore, Deny.


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.
Plaintiff does not have sufficient information to admit or deny this request, therefore, Deny.


20. Admit that Texas law governs the substantive claims you have asserted in this case.
Plaintiff objects to this request to the extent it requires a legal conclusion which the Plaintiff is not qualified to make, and which exceeds the scope of discovery as set forth in TRCP 192.3

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.