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HELP! lvnv objected to my request for admissions


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I am helping out a family member on a LVNV lawsuit in Arkansas, .  The original lawsuit was filed in 2010.  Answer to the complaint was filed, everything denied. Nothing happened for over 1.5 years.  WE assumed they had decided not to fight.  Since it wasn't my personal lawsuit, I assumed the family member was watching the courthouse and everything was dismissed.  5 year SOL .  Then last month an AMENDED complaint was delivered.  In this complaint a couple NEW affidavits were connected to the original complaint. There are two bulk sale of assets to recipient Sherman (LVNV) dated March 17, 2008.  Two different signatures.  One Declaration of Assets transfer...bulk accts from OC to Sherman.  No mention of my family member or her account specifically on ANY affidavit except the one drafted my LVNV.

 

I had her file answer to amended complaint.  Deny...and this time, I had her send Request for Admissions and Interrogatories for them.  She didn't list the Admissions on a separate page(/motion ?) as the Interrogatories.  Hosto objected to answering the admissions.  They did answer...in lies, some of the Interrogatories/production of documents.

 

MY question...What is my next move.?  DO (or CAN) I send them an AMENDED REQUEST FOR ADMISSIONS???  Then after they answer admissions, is it time to file a Motion to Dismiss because they lack standing? 

 

Please advise me and Thank you so much, IN advance!  Without this forum and reading all the awesome wins of COLTFAN1972 and others, I would have never been able to do this.

 

:please:

 

One more quick question. SOL in Arkansas 5 yrs.  Texas 4 yrs.  Where would a resident of Texarkana fit in this? 4 or 5.  

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You can defiantley send an amended admissions request.   Screw Hosto, they are scum and can be beat easily.   Just do them procdurally correct.   Look through my threads.   I've got a sent of admissions that you can pretty much just change the name of the Defendant's.  So far no JDB has done anything but drop the case after gettting them.   I know a few cases in Arkansas where the suit was over 10K and they wanted no part of the person once they got the discovery requests.

 

Everybody and their dog will tell you five year SOL for credit card debt in Arkansas.   However, I argued a three year and won on that, turned around and sued for an FDCPA violation and won.  Disclamier-  It was a very "interesting" and "novel" argument I made and I set up the JDB with two rounds of discovery questions, getting the JDB to go on record as stating the charge slips were the acutal written contract and each time you signed a charge slip you entered into a contract, that greatly assisted me in my motion for summary judgment using the three year statute.  When they could not come up with the charge slips I argued they could not come up with the "written contract" and the five year statute and that made it fall to "all other contracts" with a three year statute of limitations.   In other words they shot themselves in the foot but I worded the requests making it look like I did not want them to give me the answers that I wanted them to give me.   It was also a pretty long oral arguments hearing.  

 

Your friend will want to concentrate on standing.   That is also what most of my admissions hammer on.   Also you can fill in the name of tha affiant and I have admissions that destroy the affiant.

 

However, you're lucky in Arkansas.  We have unlimited discovery so other than wasting some time your friend gets another shot at the discovery.   Also, check out what they sent you as answers to what they did answer.   If they denied not having something or implied they did have something, now is the time to hammer them with production of documents demands. 

 

They try to be cute with their answers but all they are is stupid and sloopy.   You can generally lead them down the road you want them to travel where a big two by four is waiting around the corner to knock the dog piss out of them. 

 

Finally, there is Texarkana AR and Texarkansa TX, as you know you can see both from both state lines.  I'm assuming your friend lives on the Arkansas side and that would put them under Arkansas laws.  So assuming your friend is going with the written contact it would be the five year statute of limiations.   Next time it goes over a year, have your friend file a motion to dismiss for lack of prosecution and it will be granted in Arkansas if no activity over a year.   It's a lot longer in most other states but your friend could have gotten this dismissed if they would have filed that motion. 

 

I'd also file a motion to demeur or dismiss the amended complaint as Arkansas goes with the federal rules.  They need consent or leave from the court to file an amended complaint if it has been longer than 21 days since the original complaint has been filed.

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