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court ordered mediation

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Yes, I think it was POS.  

 

Thank you for all of the great insight, and thank you Shellieh98 for sending on the lists of requests and admits.  

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How does this look for definitions?  Is it enough?  Soon I will also send a sample of my requests for docs if anyone can take a look at them to see if it sounds reasonable.

 

Thanks for your help.

 

 

The term "written documents" includes, but is not limited to, letters, notes of telephone calls, or any other written correspondence.

 

For the purpose of this Request, the following definitions shall apply:

“Agreement” shall refer to the alleged terms and conditions calling for the repayment of funds underlying this cause of action.

“Creditor” shall refer to the parties past or present authorized to collect on the subject debt. “Debt” shall refer to the alleged monies owed in connection with this cause of action. “Defendant” shall refer to the party being sued in this action.

“Document” includes any written, recorded, electronic, or graphic matter, however produced or reproduced, that is or was ever in the possession, custody, or control of the Creditor. “Document” includes the originals and all drafts and copies which differ in any respect from the original. “Document” includes all of the above materials, whether privileged or not. If any of the documents designated below are withheld on the grounds of privilege or work product, such document should be identified by author, recipient, date, and nature of the document.

With respect to any document designated below which was once, but is no longer, in the Creditor’s possession, custody, or control, please indicate the date the document ceased to be in the Creditor’s possession, custody, or control, the manner in which it ceased, and the name and address of its present custodian.

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Here is my draft version of request for docs.  If there is someone that could look them over and give me some advice , that would be great.  I feel like I'm doing this and not really know what I'm doing, it is all so foreign to me.  I've read so many things on the web that my head is spinning and I just keep going around in circles now.  Thanks for any help, I truly appreciate it.  

 

Oh, and also my directions above.  Thanks.

 

 

 

REQUEST FOR PRODUCTION OF DOCUMENT

 

  1.   The original signed application establishing the account

  2.   Charge slips bearing defendant's signature which establish use of the account

  3.   The original written agreement in which defendant allegedly agreed to the terms of     the account

  4.   A complete history of the account from day one, establishing the legitimacy of the balance sought

  5.   Any document setting forth the choice of law provision

  6.   Any document plaintiff intends to introduce at trial

 

  7.  Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

  8.   Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

  9.   Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

  10.  Proof of mailing of monthly statements

  11.  Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

  12.  Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."


  13.  Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

 

  14.   Letter(s) sent to defendant by plaintiff’s attorney, demonstrating an attempt to collect on the alleged debt

 

  15.  Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s); 

 

   16.  Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant; 

 

   

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One more question. . . . Should I put a time frame in there somewhere also?  Like 28 days or 30 days, or what is the norm?  And where would I add that in?

 

Thanks

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Help. . . . My time frame is getting close to the 28 day mark, and I need to send in my stuff.  Anybody out there have any insight for me?

 

Is it too late to elect arbitration?  

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check your hearsay rules, in it I believe it states that you are entitled to the name and address of any of ther wittnesses.  "an employee of FIA services" does not do it.  they will argue that they are a corporation, so they don't have to name the witness, but the rules are clear, you are entitled to know the name address, and job title as well as what they will be testifying about. I would add that to your list of requests.

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OK, That's exactly the type of thing I needed to hear.  Thank you.  Should I put a time limit in the directions somewhere too?

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