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Please review answers to Request For Admissions to Midland Funding LLC


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I need to send this in a few days. Please provide suggestions and feedback. Thanks for your time.

 

 

 

1. Admit or deny you had a credit card account with Citi.

 

ADMIT or DENY: 

 

DENY - No such written agreement has been appended to the request, therefore defendant must deny.

 

2. Admit or deny you received a copy of the terms for the credit account.

 

ADMIT or DENY:

 

DENIED

 

3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the account.

 

ADMIT or DENY:

 

DENY - No such written agreement has been appended to the request, therefore defendant must deny.

 

4. Admit that you used the Account to obtain goods, services, or money.

ADMIT or DENY:

 

DENY - No such written agreement has been appended to the request, therefore defendant must deny. Defendant cannot speculate as to the terms of a document which has not been provided.

 

5. Admit you received periodic statements from Citi, regarding your account.

 

ADMIT or DENY:

 

DENY-Receipt of statements or any other documents connected to the instant action is a matter for plaintiff to prove. Defendant denies receipt of any such statements.

 

6. Admit that you did not object in writing to any changes or fees on the Account within 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee.

 

ADMIT or DENY:

 

DENY

 

7. Admit you stopped making payments on the account.

 

ADMIT or DENY:

 

DENY - No liability has been established, therefore no payment is required

 

8. Admit that your account was in default.

 

ADMIT or DENY:

 

DENY

 

9. Admit you are indebted to the Plaintiff, the lawful assignee of CITI, for the full current Account Balance stated above.

 

ADMIT or DENY:

 

DENY - Midland Funding, LLC has produced no admissible evidence establishing ownership of any account which may have been held by Citi in defendant's name.

 

10. Admit that you have no evidence to disprove or defend against Plaintiff’s claims in the action.

 

ADMIT or DENY:

 

DENY 

 

11. Admit that under the terms of your agreement with the Citi, you agreed to pay interest at the rate stated in the Complaint on the principle balance of your account, plus any additional court costs incurred to enforce the agreement.

 

ADMIT or DENY:

OBJECTION - Calls for a legal conclusion, the purvey of which is best left to the trier of fact. Additionally, Citi is not a party to this action

 

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Only give explanations or "admit in part". If you deny, the answer is simply - DENY.

 

When someone puts "Deny - The plaintiff has failed to blah blah blah" -  I know (and so does the plaintiff and the court) that they really admit but they found a loophole. Finding loopholes is great but don't wave a red flag that says "HEY! I FOUND A LOOPHOLE".

 

Sorry, simply DENY.

 

Now you could go with (for example)

 

 

7. Admit you stopped making payments on the account.

 

ADMIT or DENY:

 

Objection: Assumes facts not in evidence that the defendant was responsible for payments and made payments to account, therefore, denies.

 

That gets your explanation out there as an objection, not an excuse.

 

Also, leave off "Citi is not party to this action". They're not but it is not necessary and it IS who they allegedly bought the debt from.

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1. Admit or deny you had a credit card account with Citi.

 

ADMIT or DENY: 

 

DENY - No such written agreement has been appended to the request, therefore defendant must deny.

 

 

A written credit card agreement is not proof of an account.  It doesn't show your name or the account number, nor is it signed by you. 

 

However, your response implies if they supply a basic cardmember agreement, it would be proof that you had an account with Citi.  Do you really want to do that?

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Thank you Nascar, Flyerfan, and BV80 for your responses. I have edited the answers for Admissions, and sending tomorrow. If you think of anything else, please let me know. I am currently working on my responses to FIRST REQUEST FOR PRODUCTION OF DOCUMENTS and will post them tonight. I hope you can provide your insights on those answers as well. Thanks again.

 

 

Answers for first set of admissions request:

 

1. Admit or deny you had a credit card account with Citi.

 

ADMIT or DENY: 

 

DENY 

 

2. Admit or deny you received a copy of the terms for the credit account.

 

ADMIT or DENY:

 

DENY

 

3. Admit that under the terms of the Account, you agreed to pay for the credit balance on the account.

 

ADMIT or DENY:

 

DENY 

 

4. Admit that you used the Account to obtain goods, services, or money.

ADMIT or DENY:

 

DENY

 

5. Admit you received periodic statements from Citi, regarding your account.

 

ADMIT or DENY:

 

DENY

 

6. Admit that you did not object in writing to any changes or fees on the Account within 60 days of the receipt of the periodic statement reflecting an allegedly disputed charge/fee.

 

ADMIT or DENY:

 

DENY

 

7. Admit you stopped making payments on the account.

 

ADMIT or DENY:

 

OBJECTION: Assumes facts not in evidence that the defendant was responsible for payments and made payments to account, therefore, denies.

 

8. Admit that your account was in default.

 

ADMIT or DENY:

 

DENY

 

9. Admit you are indebted to the Plaintiff, the lawful assignee of CITI, for the full current Account Balance stated above.

 

ADMIT or DENY:

 

DENY 

 

10. Admit that you have no evidence to disprove or defend against Plaintiff’s claims in the action.

 

ADMIT or DENY:

 

DENY 

 

11. Admit that under the terms of your agreement with the Citi, you agreed to pay interest at the rate stated in the Complaint on the principle balance of your account, plus any additional court costs incurred to enforce the agreement.

 

ADMIT or DENY:

 

OBJECTION - Calls for a legal conclusion, the purvey of which is best left to the trier of fact. 

 

 
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The request was "Admit or deny that your account was in default'.  By denying, are you denying that it's your account, or are you admitting it's your account but it wasn't in default? 

 

If it were me, I might object based upon assuming facts not in evidence, then include a denial. 

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Thank you, BV80 and Coltfan1972. I am changing to:

 

 

8. Admit that your account was in default.

 

ADMIT or DENY:

 

OBJECTION - Assumes facts not in evidence that the defendant was owner of account, therefore, denies.

 

 

Sound OK?

Without waiving said objection the Defendant Denies, is how it needs to be worded.

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Coltfan1972, My change based on your suggestion:

 

 

8. Admit that your account was in default.

 

ADMIT or DENY:

 

OBJECTION - Assumes facts not in evidence that the defendant was owner of account, therefore, without waiving said objection the Defendant Denies.

 

 

* Also, can I only start one new forum a day? I wanted to post my answers to Midland's first request for Production of Documents, but somehow, I can't find the "new Forum" button like I did this morning. 

 

* And do you know of any good threads I can research about Production of Documents? I searched the forums, but not much came up.

 

Thanks for your help!

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Just go to is there a lawyer in the house and hit start new thread and then title it about your production requests.   We will chime in.  I don't have any threads saved.   Mostly you are going to answer like this.

 

The Defendant has no such documents in their possession, however, the Defendant will properly supplement this request if necessary. 

 

You will want to provide them nothing.   I'm not big on objecting in document demands and just telling them I don't have anything.   They are just going to ask you for a bunch of stuff they should have but don't have because they, well, suck.

 

I've not even seen their requests but I bet my above answer will be what you are advised to answer on at least 50% of them.

 

And your admission objection and answer is perfect.

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