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5/13 White flag goes up! aka -This is giving me a headache. Not sure on how to file a motion for discovery.


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I am being sued by LVNV, then assigned to an attourney.  I know they need to proved standing from what I have read here. But I don't know how to go about it.  They have filied discovery on me, with admissions, interrogatories, and production of documents.  Do I just type my answers on a piece of paper?  Most of their Interrogatories and asking for things likewhat was my account number with chase, my name and address, what was my balence with chase when i defaulted,do i intend to put forth any affirmative denfenses, state all my bank accounts, etc.  How do I go about answering those without giving them information?  Why do they want my bank account info--so if they win they can zap my account?

 

Then their admissions, there are 12 of those. admit i used cc, admit i made payments, admit i recieved an orginal customer agreement wit chase, admit i applied for and recieved chase cc, admit that by using i acquisece to terms and conditions of the agreement, admit all purchases were made by me or designee, admit i defaulted, admit that the account has been assigned to and is held by the plaintiff. admit that plaintiff has no liability to defendant.

I had sent a debt validation request, and got back copies of my statements as their proof.  I told them I wanted debt validation, copy of the chain of custody, as i believe I do not owe OC anything.  she wrote back and said she would see what she could find, and then I got this in the mail.  

 

They did not provide a DV.  How do i file discovery motion--is there a template I can fill out? I cant find one on the colorado gov. site.  I'm not a stupid person, but I feel like one when it comes to this court stuff, lol.  I know I can not admit to most that stuff, one because it gives them standing, and 2. most of it isnt true anyway. to i just type deny?  

 

Then their document request is for everything.  All my transactions of said account, all my checks that showed I paid, bank statements, etc.  

 

So do I file a motion for discovery and hit them back with the same things? Do I just go to the court clerks office with my questions and document request and tell them i want to file discovery? I have read alot on this site, but I can't find anything other than, go file a motion for discovery. I don't know how lol.  thank you for anyone that can help.

 

Oh and this is on a account I believe I settled with another company--but I don't keep very good records, and cant find the one with the other company.   

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Discovery is not usually a motion.  Read your court rules regarding discovery requests.  In a Request for Production of Documents, you'd request copies of documents you want them to provide.

 

Just follow the format they used for their own discovery requests.  You'll put the court header at the top of the page along with the names of the parites, the case number etc.  See what the attorney included when he sign their discovery requests.  Did he state that the requests were mailed or sent on a certain date?  If so, you do the same thing.

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General overview of discovery: http://www.nolo.com/legal-encyclopedia/formal-discovery-gathering-evidence-lawsuit-29764.html

It appears you can access the Colorado  Rules of Civil Procedure ("CRCP") here: http://www.lexisnexis.com/hottopics/Colorado/ -> Colorado Court Rules -> COLORADO RULES OF CIVIL PROCEDURE

Natives of CO may have better or other resources they use.

Follow the rules, procedures, and deadlines as they are important to success.

 

Discovery (propounded by the defendant) doesn't fit well into a template for collection defendants IMHO. Since discovery is typically done outside the court record samples of actual discovery don't seem to be commonly available for free online or in court records. I would search the forum for some requests defendants have received and posted as well as the threads they precipitated.

 

Responding to discovery requests is different than propounding your requests on opposing. It sounds like opposing is on an overly broad fishing expedition which would cause me to respond with some objections. When I design my discovery requests I try to make it customized for the opposition. I want to avoid being overly broad as it only generates objections from opposing. Ideally I would narrowly target their weakest points for my requests. A search of this forum should help identify those weaknesses via the contributions from posters with such experience. As a defendant, the goal for the tool of discovery is to show that opposing cannot prove up their essential elements to their cause(s) of action.

 

No one gets my bank account or other financial information without a court order and then I will not make it pleasant or easy, especially if the order is a likely reversible error.

 

Arizona specific information, but a bit of an overview of the discovery process (as I view it) found in post #9: http://www.creditinfocenter.com/community/topic/319610-please-help-being-sued-by-cavalry-spv-i/#entry1235517

 

I believe CO has state consumer laws similar to the federal FDCPA. I would want to keep my eye out for possible counter-claims and cross-claims on any CO violations as well as Federal violations. I would also want to make sure I had some affirmative defenses in the record.

 

"admit that the account has been assigned to and is held by the plaintiff.

admit that plaintiff has no liability to defendant."

Now that is just funny as can be. How the heck would I know ANYTHING about the plaintiff and their business? Apparently they are so non-transparent they don't even share via a DV request.

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You need to answer the 20 questions on the home page for the forum first. It's the last one with a green box next to it. Discovery is not a motion. It does not involve the court, it is between parties. Don't send or answer anything unless you post it here so we can see it. No JPEGs please, type it in and you'll get more response.

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You did a good job of explaining your situation, but it will help others help you if you put it in this format. Many of the more experienced posters here scan through these and answering these questions will get you more eyes on your case. Remember to leave out personal information and exact numbers.

 

 

RACECAR's Questions

 

1. Who is the named plaintiff in the suit? 

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? 

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

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

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? 

9. What state and county do you live in? 

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

11. What is the SOL on the debt? 

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). 

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 

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. 

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? 


16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 
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LVNV is just one part of a larger company (Sherman) that operates under different names.

 

This is who you are dealing with. You may have also received letters from any of the following that are related to this one.

 

 

Sherman Acquisition Limited Partnership

 

Sherman Acquisition II Limited Partnership

 

Sherman Acquisition L.L.C. -

 

Limestone Asset Management LLC

 

Granite Asset Management LLC

 

Resurgent Capital Services L.P.

 

Resurgent Capital Services PR LLC

 

LVNV Funding, LLC

 

Ascent Card Services, LLC

 

Ascent Card Services II LLC

 

Anson Street LLC

 

Ashley Funding Services LLC

 

SFG REO, LL

 

Credit One Bank

 

And I probably left out a few!

 

They are notorious for confusing people by sending letters from different companies concerning the same account. By doing this they often violate 15 USC 1692e (false or misleading representation) of the FDCPA. 

 
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Thank you, I will go look at the 20 questions.  One thing I did find out last night is, I pulled my credit report, and there is an inquiry on it from the attorney for LVNV dated 11/12.  This was before I was served or contacted by them.  Is that legal?  And is it really LVNV suing me, or the attorney--as they are debt collection attorneys?  they are Machol & Johannes, llc.  I ask because I was sued by PNC bank a couple of months ago.  I settled with them because I thought it was the original creditor suing me. (ow cost me 4 grand lol)  But then I find out they assigned the case to a attorney in NYC.  I was sued by an attorney in Denver, so it must have been reassigned?  I wish I would have found this site before I settled with them..   I was forced to default on some cc because of another situation where I needed to file for bankruptcy for protection, but that was resolved, and by the time it was, the cc companies would not do anything with me, they said accounts were already sold.  So now I get to play with JDC's.  I would not mind settling, except I do not owe them, and it irritates me they can buy up debt for pennies, and then make 5000% profit.  Anyway, I will do more research,


Thankyou Art, Bruno, and Credator for the advice, I will be back in a few days lol. (on a work stretch)


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"admit that the account has been assigned to and is held by the plaintiff.

admit that plaintiff has no liability to defendant."

Now that is just funny as can be. How the heck would I know ANYTHING about the plaintiff and their business? Apparently they are so non-transparent they don't even share via a DV request.

They want an admission so they can use it to quash any effort to demand they prove, or counter claims. Not sure what they are trying to do other than trip up defendant.  If denied, they might demand supportive records.

 

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Credit pulls are permissible for purposes of litigation. The plaintiff is LVNV, the law firm represents them in court. The firm is considered a debt collector because that is the majority of their practice, so they are subject to the FDCPA. usually these JDBs hook up with one law firm who files all their suits. They then farm them out to local lawyers who are licensed to practice in the state where the suit is filed. Think of it as a network of losers who graduated last in their class but still managed to pass the bar exam.

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The second major impact of new Rule 26 on all of the remaining discovery rules is its limitation on the
quantity of discovery to be permitted as a matter of course in all cases. Thus, it is new Rule 26(B)(2)
which limits depositions to one of each adverse party and of two other persons, limits interrogatories to
thirty single question interrogatories, limits requests for documents to twenty single requests and limits
requests for admissions to twenty single requests for admission.

 

 

This is from a 1994 article, check the rule referenced to see it was changed again after that.

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aww thank you Bruno.  OK here are my 20 questions answered.  then I will post my answers to their discovery, can I get some feedback on that?  When that is complete, I need to do my own discovery request, and could use some links to help please.  Do I file my answers with the court? or do I just send them to the lawyer?  Also do I file my discovery to the plaintiff to the court? or just a request to do one to the court?

 

1. Who is the named plaintiff in the suit?
Myself


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Machol & Johannes, LLC for LVNV LLC


3. How much are you being sued for?

around 600.00


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

Heritage chase


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

I was served.


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

Sherriff process server


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

Yes


Process Service Requirements by State - Summons Complaint

yes


8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Phone. told the guy I needed a DV as I believe I do not owe the debt, and I thought it was settled previously. He sent me a credit card statement as DV.


9. What state and county do you live in?

Mesa County colorado


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
They say April 2011, I say march 2011.


11. What is the SOL on the debt?
6 years


12. What is the status of your case? Suit served? Motions filed? You can find this by a calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).suit served, answered, in the midst of discovery, trial is set for may 14th, 2013.


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?

credit agency has not put the debt on my credit report, oc last activity on it was june 2011. No I have not disputed it.

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.
I did over his recorded phone line, but not in writing. (I didn't know, stupid me, lol) I also told him to only notify me by mail and not call at that time until he had DV.
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.20 more days to answer the discovery.

16.We need to know what the "charges" are. Please post what they are claiming. Common counts, account stated,breach of contract,for money received on behalf of the plaintiff, open book account,unjust enrichment.

I am not sure, I cannot find the original summons. (I think my bf did something with it.) I know it did say something about unjust enrichment.

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.
arugg, I don't know


18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? yes

19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.credit card statements from 2/7/09 to 3/11/11.


 

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Defendant, appearing pro se, for its reply to the Complaint naming LVNV LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Admissions.

 

Admit that Defendant applied and received a chase credit card account for defendants use with the account number xxxxxxxxxx

  1.   Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. I do not have a contract or assignment in my possession of sufficient cause to believe 100% that I am able to answer True or Denied.

Admit that you used the chase credit card account numbe xxxxxxxx by making charges for goods and services.

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.

Admit you made payments on the chase credit card account number xxxxxxxxx

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.

Admit you received and original customer agreement with chase credit card and periodic updates to the customer agreement for the chase credit card containing the terms and conditions governing your use of credit card number xxxxxxx even if you did not keep them in your possession.

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. I do not have a contract or  in my possession of sufficient cause to believe 100% that I am able to answer True or Denied.

Admit you received periodic statements from chase for credit card number xxxxxx at 123 anywhere street, any town, Colorado 800000 that included information regarding the credit card and pertinent information, as applicable, related to the balance, payments, credits, and adjustments, transactions ,financed charges, total credit limit, available credit, annual and periodic intrest rates and minimum payment amount with payment due date.

  1. The address in this admission is wrong, but Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.

Admit that by accepting and using chase credit card number xxxxxxxx you did acquiesce to the terms and conditions of the customer agreement and  as outlined on each periodic statement received by you, including but not limited to the agreement to pay all charges such as past due fees, over the limit fees, interest at the default rate and all plaintiffs court costs, collection expenses, and attorney fees associated with your default on said credit card.

  1. Denied.  Copy of alleged debt sent to me by plaintiff shows no stipulation agreement to pay all charges, such as all of Plaintiff’s court costs, collection expenses, and attorney fees associated with alleged default on said credit card.

Admit that all purchases, cash withdrawals and or cash advances were made by defendant or defendants authorized designee.

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.

Admit that the last payment you made to the chase credit card number xxxxxxxx was for xx.xx on or about feb. 2011. With a remaining balance on the credit card of xxxx.xx.

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.

Admit that the defendants account balance on defendants chase credit card account number xxxxxxxx was xxxx.xx as of the date of the charge off.

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.  Interest rates on alleged account vary, and have no information on how they were calculated.

Admit that the defendant defaulted in payment of the chase credit card amount.

  1. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request.

Admit hat the chase credit card account has been assigned to and is held by the plaintiff.

  1. Denied. Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient, as Plaintiff failed to answer a request for Debt Validation showing forward flow agreements of alleged account to all assignees.

Admit that the plantiff has no liability to the defendant.

  1. Denied. Plaintiff is bringing suit against defendant without proof of standing. Therefore Plaintiff is causing undo harm financially and mentally, as well as time lost from work.

 

 

Date________________________    Signed_____________________________________________

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Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Interrogatories states as follows: All Answers correspond to the numbered paragraphs of the Interrogatories

 

State your name, home address and telephone numbers during july 2001 through april 2011

  1. [iNTERROGATORY # 1]                                                                                                                                                                micky mouse                                                                                                                                                                    123 any street, anytown usa  April 2006- present                                                                                           1234 any street anytown usa July 17, 2001-April 2006.                                                                                     Phone no:555-555-5555

Identify all your credit card accounts with chase.

  1. [iNTERROGATORY # 2] Is objected by the Defendant on the grounds that it is overly broad and unduly burdensome to the extent it seeks records that are not within the current knowledge, possession, custody or control of the Defendant.  Plaintiff’s request should be accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.

If the account number for your credit card account with the plaintiffs assignor, chase was different than xxxxxxx, state the correct account number and substitute the correct account number in each of the following interrogatories.

  1. [iNTERROGATORY # 3] Is objected by the Defendant on the grounds that it is overly broad and unduly burdensome to the extent it seeks records that are not within the current knowledge, possession, custody or control of the Defendant.  Plaintiff’s request should be accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.

Was your account balance on your chase credit card account xxxx.xx at the time you stopped making payments?

  1. [iNTERROGATORY # 4] Is objected by the Defendant on the grounds that it is overly broad and unduly burdensome to the extent it seeks records that are not within the current knowledge, possession, custody or control of the Defendant.  Plaintiff’s request should be accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.

If you claim the account balance on your chase credit card account was different than xxxx.xx at the time you stopped making payments, state all facts and circumstances detailing what, if any account balance you owed as of the date of your last payment.

  1. [iNTERROGATORY # 5] Is objected by the Defendant on the grounds that it is overly broad and unduly burdensome to the extent it seeks records that are not within the current knowledge, possession, custody or control of the Defendant.  Additionally, the request is premature as it requests the defendant, prior to the completion of discovery to answer if the amount is correct.    Plaintiff’s request should be accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Defendant leaves the Plaintiff to its proof without waiving the defendant’s objection.

What was the date of your last payment on your chase credit card account?

  1. [iNTERROGATORY # 6] Is objected by the Defendant on the grounds that it is overly broad and unduly burdensome to the extent it seeks records that are not within the current knowledge, possession, custody or control of the Defendant.  Plaintiff’s request should be accessible to Plaintiff from Plaintiff’s own files, from documents or information already in Plaintiff’s possession.

Do you intend to put forward any affirmative defenses? If so please list the affirmative defenses and all the facts and circumstances in the support of each affirmative defense.

  1. [iNTERROGATORY#7] is objected to by the defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving her objection, the defendant upon completion of discovery with plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through discovery.  The defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.

State any other reason and defense that is or may be raised concerning the correctness of the amount claimed due and owing by the plaintiff.

  1.  [iNTERROGATORY#8] is objected to by the defendant on the grounds that it is seeking information that is premature given that the parties are in the midst of discovery and pertinent documents have not yet been produced by the Plaintiff. Without waiving her objection, the defendant upon completion of discovery with plaintiff, will most definitely have defenses in this action, and will provide such defenses to the Plaintiff if asked through discovery.  The defendant reserves the right to update this answer to this interrogatory at a later time when that decision is made.

State the name address and telephone number of each person you expect to call as a witness at the trial of this matter.  With respect to each witness, please state the basis for his or her personal knowledge in this matter, and the subject matter, and issues about which the person is expected to testify.  With respect to any expert witnesses, please state the subject matter on which the expert is expeted to testify, the substance of the facts, and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion.

  1.  [iNTERROGATORY #9]  Is Objected by the Defendant on the grounds to the extent that it is seeking information that is premature, given that the parties are in the midst of discovery, and pertinent documents have not yet been produced by the plaintiff.  The Defendant cannot possibly answer this interrogatory when he has not seen the Plaintiff’s answers to his discovery. Without waiving his objection, the Defendant at this time has no witnesses, but reserves the right to call witnesses if need be once the Plaintiff answers their discovery given by the defendant.

Identify all bank accounts (bank name, bank address, account number etc.) of all bank accounts on which defendant was an authorized signor during july 2001 through april 2011.

  1. [iNTERROGATORY#10] Is objected by the Defendant on the grounds that it is personal, confidential, and private.  This Interrogatory seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant.

 

Date_________________                                       Signed_______________________________________

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Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request Production of Documents states as follows:  All Answers correspond to the numbered paragraphs of the Document Request.

 

Produce and provide a copy of any correspondence between yourself and chase from july 2001 through april 2011 for credit card account number xxxxxxxxxxx.

  1.  Defendant has no such documents in his / her possession at this time. The defendant cannot provide what is requested.  Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

 

Produce and provide a copy of all statements which Defendant received from chase from july 2001 through april 2011 for credit card account number xxxxxxxxxxxxxxx.

  1.  Defendant has no such documents in his / her possession at this time. Defendant reserves the

  right to amend his responses per the rules of civil procedure if such documents become available. They would be more readily or  accessible to plaintiff from plaintiff’s own files, from documents or information already in plaintiff’s possession.  The defendant cannot provide what is requested.

 

Produce and provide a copy of all bank account statements on which defendant was an authorized signor during july 2001 through april 2011.

  1.  is objected by the Defendant on the grounds that it is personal, confidential, and private.  This seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the defendant.

Identify, produce and provide copies of all payments which you paid on the chase credit card account from july 2001 through april 2011 for credit card account number xxxxxxxxxxxxxxx.

  1.   Defendant has no such documents in his/her possession at this time.  Defendant reserves the right to ammend his responses per the rules of civil procedure if such documents become available.  They would be more readily or  accessible to plaintiff from plaintiff’s own files, from documents or information already in plaintiff’s possession.  The defendant cannot provide what is requested.

Produce and provide a copy of all check copies which reflect payments being made to chase from july 2001 through april 2011 for the credit card account number xxxxxxxxx.

  1.  Defendant has no such documents in his/her possession at this time.  They would be more readily or  accessible to plaintiff from plaintiff’s own files, from documents or information already in plaintiff’s possession.  The defendant cannot provide what is requested.

 

Produce and provide a copy of all terms and conditions/disclosures sent to you by chase.

  1.  Defendant has no such documents in his / her possession at this time. They would be more readily or  accessible to plaintiff from plaintiff’s own files, from documents or information already in plaintiff’s possession.  The defendant cannot provide what is requested.

 

Produce and provide a copy of the front and back of the plastic credit card issued by your chase for credit card account number xxxxxxxxx.

7.  Defendant has no such documents in his / her possession at this time. Defendant reserves the

     right to amend his responses per the rules of civil procedure if such documents become available.

 

If the Defendant is unable to produce and provide copies of statements, payments, correspondence and writings concerning the above identified credit card account, explain in detail what efforts defendant undertook to locate and produce copies, and if the documents have been destroyed, disclose when such destruction occurred, and why such destruction occurred. 

  1.  Defendant does not keep old records, If Defendant ever had any of the requested documents, they                                                                                       would have been destroyed monthly.  Defendant shreds all statements, bills, and other financial matter monthly, and has no record, so is unable to produce any documents.

 

Please provide any documentation showing that this debt was previously settled.  Include any settlement agreements, paid in full letters, and receipts indicating this matter was previously settled.

 

9.  Defendant does not keep old records, If Defendant ever had any of the requested documents, they would have been destroyed monthly.  Defendant shreds all statements, bills, and other financial matter monthly, and has no record, so is unable to produce any documents.

 

 

 

 

 

Date____________________________       Signed___________________________________________

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lol yes, it is 581.36.  The copy of the agreement attached to the monthly credit card statement that they sent me had nothing in it about paying fees for collection efforts, or attorney fees, I think that is why they added that in the admissions, so they could try and collect some.

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Since the trial is set, I know I will still do my discovery, but if they go for MSJ, would they file something else?  And when I object to their "documents" ie only evidence they have are old cc statements, would I do that at trial? or is my objected listed on my answers to their discovery requests? I've never been to court lol

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Yes, an MSJ is a Motion for Summary Judgement. They need way less (assuming you don't file an opposition) to win an MSJ than a trial. At trial they would (or should) need a live witness to testify. An MSJ is a motion that states basically , "Look. This case is so clear cut we don't even need a trial". That is how they like to win. Quick, cheap and easy... like baking a cake or shopping by mail. 

 

Typically if a JDB files an MSJ and loses, they dismiss unless the dollar amount is significant.

 

You will know if and when they file the MSJ. Keep going with your discovery. When the file the MSJ, we'll help.

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no it is in civil court, not small claims.

I guess maybe I pissed the guy from LVNV off for him to take it to trial? lol I told him until he could furnish me with a DV, not to call me or contact me. He told me it was up to ME to prove to him I didn't owe the debt, and I said your wrong, YOU have to prove I owe you, I don't know you and I don't owe you anything. He said fine, see you in court.

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