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Help responding to plaintiff's request for admissions


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I need to send in my response to plaintiff's request for admission and disclosures.  Here is what I have.  Wherever it says plaintiff's original petition this is referring to JDB. Exhibits they speak of are monthly statements they attached, bill of sale (that does not have any of my information on it) and the sworn statement from their affiant. I have denied all but the part about military.  Please advise if my responses are appropriate or need some revision.  Not sure how to answer the disclosure part.

 

 

  1. Defendant applied for the credit card as referenced in Plaintiff’s Original Petition. Response: Deny
  2. Based upon Defendant’s request, the account made a basis for Plaintiff’s Original Petition was opened. Response: Deny
  3. Defendant understood from the time the account made a basis of Plaintiff’s Original Petition was opened that use of the credit card results in a loan being made to Defendant for the amount charged or cash advance requested.Response: Deny
  4. Defendant understood from the time the account made a basis of Plaintiff’s Original Petition was opened that Defendant is required and obligated to repay all charges or cash advances incurred on the account.Response: Deny
  5. Defendant fully understood the risk and obligations associated with credit card accounts.Response: Deny
  6. Defendant made the purchases and took cash advances using the credit card made a basis of Plaintiff’s Original Petition.Response: Deny
  7. Plaintiff is the present owner and holder of said account.Response: Deny
  8. Plaintiff is the party entitled to sue on said account.  Response: Deny
  9. That the account reflected by the exhibits attached to Plaintiff’s Petition in this cause is just and true.Response: Deny
  10. The account reflected by the exhibits to Plaintiff’s Petition in this cause is due. Response: Deny
  11. The account reflected by the exhibits attached to Plaintiff’s Petition in this cause is the balance due Plaintiff after all just and lawful offsets, payments and credits have been allowed. Response: Deny
  12. Defendant received monthly statements showing the amount of charges or cash advances incurred for that monthly period, along with any payments or credits to the account, and specifying the monthly installment being due and owing. Response: Deny
  13. The monthly statement received by Defendant specifically advised of Defendant’s right to dispute any error contained in the monthly statement.  Response: Deny
  14. Since the account was opened, Defendant has not notified Plaintiff of any dispute or error regarding any information contained in any monthly statement. Response: Deny
  15. Defendant did promise to pay Plaintiff for said account.  Response: Deny
  16. Plaintiff has requested Defendant to pay Plaintiff for said account.  Response: Deny
  17. Defendant has failed to pay Plaintiff for said account.  Response: Deny
  18. Plaintiff made written demand upon Defendant for payment of said account.  Response: Deny
  19. Written demand was made for payment of said account more than 30 days prior to filing this lawsuit.              Response: Deny
  20. Defendant’s last payment on the account was less than 4 years from the date this petition was filed.            Response: Deny
  21. Defendant has breached the account agreement made a basis of Plaintiff’s Original Petition.                        Response: Deny
  22. Defendant owes Plaintiff the amount of $xxxx.xx on said account plus accrued interest.                        Response: Deny
  23. At no time prior to the filing of this lawsuit did Defendant or Defendant’s representative request            verification of the debt from Plaintiff or its agents.   Response: Deny
  1. At no time prior to the filing of this lawsuit did Defendant or Defendant’s representative dispute the debt owing on the account made a basis of Plaintiff’s Original Petition.   Response: Deny
  2. Defendant is not a member of any military service with assignments or orders that would give the Defendant a right to delay under the law.    Response: Admit
  3. A reasonable attorney fee for Plaintiff’s attorney for the prosecution of this lawsuit would be at least the amount of $xxxx.xx.     Response: Deny

 

Request for disclosures reads as follows:

 

1. the correct names of the parties to the lawsuits

2. the name, addresses, and telephone number of any potential parties

3. the legal theories and, in general, the factual bases of the responding party's claims or defenses ( the responding party need not marshal all evidence that may be offered at trial)

4. the amount and any method of calculating economic damages

5. the name, address, and telephone number of persons having knowledge of relevant facts, and a brief statement of each identified person's connection with the case

6. for any testifying expert;

     a. the expert's name, address, and telephone number

     b. the subject matter on which the expert will testify

     c. the general substance 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

     d. if the expert is retained by, employed by, or otherwise subject to the control of the responding party.

          1) all documents, tangible things reports, models, or date compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert's testimony; and

          2) the experts current resume and bibliography

7. any indemnity and insuring agreements described in Rule 192.3(f)

8. any settlement agreements described in Rule 192.3(g)

9. any witness statements described in Rule 192.3(h)

10. 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 damage asserted or, in lieu thereof, an authorization permitting the disclosure of such medical records and bills

11. 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

 

          Pursuant to Rule 194.4, copies of documents and other tangible items ordinarily must be served with response.........................................

 

 

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14, 16-19 should be changed. 14 is a reverse question. The others, it's okay to admit that they asked for payment. 17 admit, with the qualifier that they are not entitled to payment at this point in time. 18 and 19 okay to admit, meaningless anyway. Not sure about the SOL question, if they missed the SOL you would have a dismissal.

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Thanks for quick reply.

 

Bruno-

When you say that 14 is a reverse question how should I respond? I changed 17 to admit since it is obvious I have not paid them, But 16, 18-19 I'm still leaning towards deny since I have no idea who this Plaintiff is let alone received anything from them.

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