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LVNV questions ( Missouri lawsuit )


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Good Morning all:

 

I'm posting this on behalf of a "friend" who is being sued in Missouri by LVNV.  I'm helping her as much as possible in this, and we'd like to present the following information for discussion.  I also have a suit agains me with Capital One in Arkansas that I'll post on another thread.

 

First let me say that this site has been invaluable help in the research and defensive strategies department.  I appreciate the time and effort you all spend in helping clueless people like us. 

 

So, here we go:

1. Who is the named plaintiff in the suit?  

 

LVNV Funding LLC


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

Gamache & Myers out of St. Louis ( they are about 5-6 hours from her, but are filing in her home county, locally )

3. How much are you being sued for?

 

"$1195.00 plus interest provided by law, costs expended herein, and any other and further relief this Court deems just and proper"

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

 

Credit One Bank, NA, then to MHC Recievables, LLC

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

 

County Sheriff served at her residence.

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

 

In person at the door.  She was not home, but her Father who lives next door ( two houses on one farm ) accepted service.

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

 

Everything appears legal on that front.


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

 

None.  Never heard of them ( according to her )

9. What state and county do you live in?

 

Missouri, Newton County

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

 

She claims she's never heard of this account, or the card issuer... but, they are stating they "acquired debt as of 07/23/2009"

11. What is the SOL on the debt? To find out:
 

5 years


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).

 

Summons issued:                           02/05/2013

Defendant served:                           02/13/2013

Defendant response:                      02/22/2013

Defendant motion to strike affadavit as hearsay:   02/23/2013

 

We went to the first hearing on 03/15/2013 as directed by court.  Nobody from Plaintiff showed up.  Judge seemed unconcerned by that.  Asked about "ongoing discovery or if we'd settled?".  We responded that we are not settling and that we had received no request for discovery from Plaintiff. 

 

Judge set a date to hear our motion to strike.  Set for 03/26/2013.  We arrived again, ready to go.  Again, nobody from Gamache is there.  About twenty minutes prior to our set time, a man comes to the door to the courtroom and asks for my friend to come in.  We go in.  The man sits down at a table up front and so do we.  Judge is already there and tells us, " We're going to get you out early today, as I'm setting trial for May 30th, 2013"... and then turns away from us. 

 

I aske "so, on the motion to strike, Yes or No?" and he replies "We'll take it up on trial date".   Stunned me since the only reason we were here was because he made us come in for the motion hearing that he scheduled. 

 

Then he says " When the other party shows, I'll let them know that you were here and they were not."  At which point the man that originally called us in says " Is this XXXXX vs LVNV?, if so I'm here for them "  The judge laughs and keeps on typing his notes, I assume.  I ask the man " Are you with Gamache? " and he says "nope" and goes to the door to call the next case and out we go.

 

Weird.

 

Anyway...

 

Motion to strike hearing:                03/26/2013  ( unresolved and held over to trial date? )

Court date set for:                           05/30/2013



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

 

not yet.

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.

 

First she ever heard of the debt was the summons

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?

 

30 days or show up at court ( according to Missouri website )  She hedged her bets and did both, with a flat denial response stating nothing else, and also showing up twice so far.

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

 

They attached an affadavit signed by Matthew Sowell ( listed as "authorized representative".  More on him in a bit )  and they have a generic statment that listed the amount owed, and has her name on it as the debtor.  Has a statement:

 

THIS IS NOT FROM THE ORIGINAL CREDITOR AND HAS NOT BEEN PREVIOUSLY PROVIDED TO THE CUSTOMER  in giant letters at the bottom.

*********************************************************************************************************************************************************************************************************

 

So that's it in a nutshell.  She has a motion to strike, for hearsay, but it wasn't heard.

 

She has received no discovery / interrogatories, etc. from Gamache or LVNV.  Nothing of any kind.

 

Do we go ahead and file discovery or what?  Unsure how to proceed from here. 

 

The guy in the courthouse that was acting as plaintiff, and calling everyone in for their cases, had a big stack of folders he was referring too, and it was just him and the judge in there all day by themselves.  He seemed, in the beginning, to be acting on behalf of the court, but then it was revealed he was acting as the plaintiff, but would not answer my questions to me.  The judge clearly knew him, but did not know he was acting on behalf of Gamache, until the guy told him.  is that normal?

 

And about Matthew Sowell, there is a case in TN where Mr. Sowell was named in a countersuit that LVNV lost, in which LVNV seeks to have him taken off the suit because he was not an employee of LVNV and couldn't be included in the suit.  It's written in the case documents.  Is that relevant to us?  Can we include that as a reason to strike the affadavit?

 

Any help is greatly appreciated.


 

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It sounds like that is a true Kangaroo Court. 

 

I would ask TNConsumerlawyer about this. He may know the attorney/law firm and have some additional information about them. 

 

http://www.creditinfocenter.com/community/user/99321-tnconsumerlawyer/

 

I would definitely make sure she has everything legally in order for this. A judge like this may truly not care and she may to push the judge a little to get him to respond, and not run over her. Sorry I don't have anything else, but I know nothing about MO law.

 

I'm sure COLTFAN1972 will be happy to help you with your AK case.

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I'm sure you already know this information, but Credit one and LVNV are part of the same company. They are notorious for confusing people by sending letters from different companies concerning the same account. In this situation they are the owners of the account from being the OC to the JDB to other possible CAs.

 

These are most, but not all, of the companies that operates under Sherman.

 

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! 

 
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For what it's worth, I live VERY near you and am fighting a Midland suit right now. Your court sounds very similar to the one that I have been going to. There are approximately 5-6 attorneys that sit around waiting for the judge to call individuals up and for the most part, there are 1 or 2 that have most of the cases. Gamache appears to have an attorney from Arkansas represent them for several JDBs.

 

As far as the MTS, I have been 'sitting' on that one until the Plaintiff actually attempts to enter it into evidence (which will obviously be met with an objection). I've heard Bruno say that he believes that you can file the MTS if the Affidavit is attached to the complaint, and I've also read of someone in Missouri that attempted MTS too early and the judge basically told them that 'technically they hadn't tried to enter the Affidavit into evidence, so there is nothing to strike yet'.

 

I'm still learning a lot of this as I go too. There is definitely a TON of great help here. My next court date is in about 5 weeks and we're in Discovery stage right now. Best of luck to you.....kick their arses!!

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Good Morning all:

 

I'm posting this on behalf of a "friend" who is being sued in Missouri by LVNV.  I'm helping her as much as possible in this, and we'd like to present the following information for discussion.  I also have a suit agains me with Capital One in Arkansas that I'll post on another thread.

 

First let me say that this site has been invaluable help in the research and defensive strategies department.  I appreciate the time and effort you all spend in helping clueless people like us. 

 

So, here we go:

1. Who is the named plaintiff in the suit?  

 

LVNV Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

 

Gamache & Myers out of St. Louis ( they are about 5-6 hours from her, but are filing in her home county, locally )

3. How much are you being sued for?

 

"$1195.00 plus interest provided by law, costs expended herein, and any other and further relief this Court deems just and proper"

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

 

Credit One Bank, NA, then to MHC Recievables, LLC

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

 

County Sheriff served at her residence.

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

 

In person at the door.  She was not home, but her Father who lives next door ( two houses on one farm ) accepted service.

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

 

Everything appears legal on that front.

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

 

None.  Never heard of them ( according to her )

9. What state and county do you live in?

 

Missouri, Newton County

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

 

She claims she's never heard of this account, or the card issuer... but, they are stating they "acquired debt as of 07/23/2009"

11. What is the SOL on the debt? To find out:

 

5 years

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).

 

Summons issued:                           02/05/2013

Defendant served:                           02/13/2013

Defendant response:                      02/22/2013

Defendant motion to strike affadavit as hearsay:   02/23/2013

 

We went to the first hearing on 03/15/2013 as directed by court.  Nobody from Plaintiff showed up.  Judge seemed unconcerned by that.  Asked about "ongoing discovery or if we'd settled?".  We responded that we are not settling and that we had received no request for discovery from Plaintiff. 

 

Judge set a date to hear our motion to strike.  Set for 03/26/2013.  We arrived again, ready to go.  Again, nobody from Gamache is there.  About twenty minutes prior to our set time, a man comes to the door to the courtroom and asks for my friend to come in.  We go in.  The man sits down at a table up front and so do we.  Judge is already there and tells us, " We're going to get you out early today, as I'm setting trial for May 30th, 2013"... and then turns away from us. 

 

I aske "so, on the motion to strike, Yes or No?" and he replies "We'll take it up on trial date".   Stunned me since the only reason we were here was because he made us come in for the motion hearing that he scheduled. 

 

Then he says " When the other party shows, I'll let them know that you were here and they were not."  At which point the man that originally called us in says " Is this XXXXX vs LVNV?, if so I'm here for them "  The judge laughs and keeps on typing his notes, I assume.  I ask the man " Are you with Gamache? " and he says "nope" and goes to the door to call the next case and out we go.

 

Weird.

 

Anyway...

 

Motion to strike hearing:                03/26/2013  ( unresolved and held over to trial date? )

Court date set for:                           05/30/2013

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

 

not yet.

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.

 

First she ever heard of the debt was the summons

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?

 

30 days or show up at court ( according to Missouri website )  She hedged her bets and did both, with a flat denial response stating nothing else, and also showing up twice so far.

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

 

They attached an affadavit signed by Matthew Sowell ( listed as "authorized representative".  More on him in a bit )  and they have a generic statment that listed the amount owed, and has her name on it as the debtor.  Has a statement:

 

THIS IS NOT FROM THE ORIGINAL CREDITOR AND HAS NOT BEEN PREVIOUSLY PROVIDED TO THE CUSTOMER  in giant letters at the bottom.

*********************************************************************************************************************************************************************************************************

 

So that's it in a nutshell.  She has a motion to strike, for hearsay, but it wasn't heard.

 

She has received no discovery / interrogatories, etc. from Gamache or LVNV.  Nothing of any kind.

 

Do we go ahead and file discovery or what?  Unsure how to proceed from here. 

 

The guy in the courthouse that was acting as plaintiff, and calling everyone in for their cases, had a big stack of folders he was referring too, and it was just him and the judge in there all day by themselves.  He seemed, in the beginning, to be acting on behalf of the court, but then it was revealed he was acting as the plaintiff, but would not answer my questions to me.  The judge clearly knew him, but did not know he was acting on behalf of Gamache, until the guy told him.  is that normal?

 

And about Matthew Sowell, there is a case in TN where Mr. Sowell was named in a countersuit that LVNV lost, in which LVNV seeks to have him taken off the suit because he was not an employee of LVNV and couldn't be included in the suit.  It's written in the case documents.  Is that relevant to us?  Can we include that as a reason to strike the affadavit?

 

Any help is greatly appreciated.

 

If the guy in the court house was acting in behalf,,,,you need to see if ha filed a notice of appearance, if he did not he may not be able to represent the plaintiff. Check your rules of trial procedure,

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My first inclination is to tell you that your friend missed on an opportunity to move for dismissal on at the 3/15 hearing, but I do not know the Missouri court system well enough to say that. I can tell you, however, that it is not uncommon for a judge to delay ruling on motions until prior to trial, especially if the motions concern evidentiary matters. 

 

Your friend should strongly consider hiring an attorney to appear at the "trial" since it appears it might be plaintiff's intent to waltz in there at the last minute and ambush your friend with a bunch of "evidence" he/she is not prepared to defend against. At a minimum, your friend should consider propounding some discovery. It appears to me the judge was tacitly trying to get that point across to you at the earlier hearing.

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Thanks for everyone's input.  I was under the misconception that I had to wait for their discovery before I could file mine.  I'll be shipping out my production requests Monday morning. 

 

As for missing the chance to get a dismissal, I guess we did, but honestly this judge operates very informally. He never took questions, and seemed uninterested in anything that lasted longer than a total of about 30 seconds.  The first time we were there lasted that long, and the second time was even shorter.  So i'm not sure how pushy I can get in making him actually listen to our motions if he just isn't going to do it.

 

racecar's links are very helpful and I'll be writing everything up this weekend and getting it filed with the court on Monday.  That way we can be sure we get everything they are going to bring in ahead of time.

 

I'm still wondering about the affadavit.  They are on record in Tennessee as denying the guy works for them.  I don't know if that's a point of contention or not, but surely I should bring it up.

 

And... if they aren't going to file any discovery / interrogatories against us ( well, her ) then do we just not worry about it?

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They are on record in Tennessee as denying the guy works for them.

 

This is why you need to speak to an attorney.   Either contact NACA (National Association of Consumer Advocates) or your state bar association.  State bar associations have a lawyer referral service.  In my state, if you get the name of an attorney from that service, the attorney will provide a consultation at a reduced rate. 

 

It's long been suspected that "authorized representatives" don't always work for the OCs/JDBs.  In fact, it's been shown that some people are hired just to sign affidavits.  Yes, they could be "authorized" to sign an affidavit, but that's it.   They're not authorized to do anything else. 

 

It's usually written in an affidavit that the affiant has "reviewed the books and records" and has "personal knowledge".  Well, if the affiant doesn't work for the plaintiff, or if he's only hired to sign affidavits, then he doesn't know what the heck he's reviewing. 

 

Who was the other party in the case in which LVNV denied Sowell was an employee?

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I would wait on the discover, go to the courthouse and see what is on file. I believe that you may have already won. They judge said that they were not there and you were. This could have been mandatory mediation and they no showed.

 

I think it would be best to see what the judge was typing. you may have a motion to dismiss situation for failure to appear. So go to court on Monday see what the file has in it and go from there.

 

It is looking like they might dismiss this case.

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Who was the other party in the case in which LVNV denied Sowell was an employee?

 

LORINDA SMITH JOAN LEPAGE GREG SWANSON ALFRED HICKMAN SAMUEL VOORHESS ALICE SMITH ROBERT BRADFORD MARY SMITH CARL SELLS ANGELA FITCH MILDRED DANIELS PEGGY ROBERSON KATHERYN CONNER

v.

LVNV FUNDING, LLC., ET AL. AND WILLIAM MELVIN

v.

PYOD, ET AL.

 

In this case, LVNV are the defendants.

 

A portion of the document reads:

 

Plaintiffs object to only two of the Magistrate Judge's recommendations: (1) to dismiss plaintiffs' claims against five individual defendants -- Tobie Griffin in Nos. 2:12-CV-45; 3:11-CV-510; 2:11-CV-291; 2:12-CV-56; 2:12-CV-168; and 2:11-CV-288; Steve Hawkins in Nos. 2:11-CV-379; 2:11-CV-356; and 2:11-CV-355; Nikki Foster in Nos. 2:12-CV-01; 2:12-CV-02; and 2:12-CV-77; Scott Batson in No. 2:12-CV-155; and Matt Sowell in No. 2:12-CV-184;

 

and:

 

Defendants concede in their response to the objections that the individual defendants "are not technically employees of LVNV" but are "authorized representatives of LVNV" acting pursuant to a Limited Power of Attorney.

 

Had plaintiffs alleged that the individual defendants were employees of LVNV (i.e. without the alternative allegation that the individual defendants were authorized representative), the Court might be inclined to overrule plaintiffs' objections and affirm the Magistrate Judge on this issue and simply disregard the material outside the pleadings, given the limited nature of the plaintiffs' objection. Given defendants' concession, however, that the individual defendants are not employees of LVNV, the factual finding made by the Magistrate Judge to the contrary is clearly erroneous. In retrospect, it is likely that the individual defendants did not seek dismissal on the basis employed by the Magistrate Judge for the very reason that the individual defendants are not employees of LVNV.

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I would wait on the discover, go to the courthouse and see what is on file. I believe that you may have already won. They judge said that they were not there and you were. This could have been mandatory mediation and they no showed.

 

I think it would be best to see what the judge was typing. you may have a motion to dismiss situation for failure to appear. So go to court on Monday see what the file has in it and go from there.

 

It is looking like they might dismiss this case.

 

Sounds like a good plan.  I will report back here Monday night with what we find out at the courthouse.

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Okay, went to the courthouse to look at the records.  They told me that everything gets scanned in and is listed on case.net.  Gave a me a print out of everything though.

 

They have:

 

1.  Original summons/complaint with affadavit and manufactured "statement"

2.  Our denial ( generic flat denial as instructed )

3.  Our motion to strike affadavit and statement as hearsay / lack of standing

4.  Judges input on scheduling of hearing and court dates.

 

That's it.

 

Time for me to send them some discovery?

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I'll be starting the discovery process in the morning.  I'm assuming, since this Missouri, that they will want the "electronic media" sent too?  No problem here.  I can burn off a CD of it with very little effort and include it in the filing / mailing in the morning.

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LVNV sent their discovery to my girlfriend.  She got them on Saturday.  Lots of strange statements in there.  " Plaintiff was and is a LIMITED LIABILITY COMPANY organized and existing under and by virtue of law.   -- Response:      "

 

WTF?

 

Is she actually supposed to respond to that request for admission?  Is that even a question? 

 

Plus every single request for admissions contains statements about Credit One Bank, not LVNV. 

 

Am I wrong is thinking that since Credit One Bank is not a party to the suit, that these questions have no place here?

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I depends on the requests.  For instance, if the request her to admit that "Credit One Bank performed its obligations under the agreement", they're asking that for 2 reasons.  1) To show that your girlfriend didn't dispute the balance or a charge with Credit One.  2)  If she denied having the account, an admission or denial without a valid objection to that request could imply she did have the account.

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So should she object to those questions?  How would they be worded?  It seems like a set of questions designed to prove their case for them.  They seem to be worded in such a way as to be damaging if you admit or deny them.

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

 

Answer them all like that. (unless it obviously wouldn't fit the admission.) Answer the one about who she is with the correct info. 

for ones like  " Plaintiff was and is a LIMITED LIABILITY COMPANY organized and existing under and by virtue of law.   -- Response:     Defendant states that she knows not the business practices of Plaintiff, therefore cannot admit or deny this.

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We'd need to see the requests.  AR rules allow the answer provided above by Shellie.

 

Rule 36

 

"An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny."

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I'll post them up here now.  It will take a moment, as the electronic format they mailed to her was an old diskette ( 3.5 inch ) and neither one of us have seen one of those in about a decade, so we can't access the media format to cut and paste it here.  I was unaware that computers still existed that used those things.

 

Give me a moment and I'll have them up.

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The title of your thread references MO, but you're from AR.  I quoted the AR rule for admissions.  The MO rule says the same thing.

 

59.01. Request for and Effect of Admissions

 

"A responding party may give lack of information or knowledge as a reason for failure to admit or deny if such party states that the party has made reasonable inquiry and the information known or readily obtainable by the party is insufficient to enable the party to admit or deny."

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Oh they do, there is an external disk drive you can buy that will play these 3.5 things. Coltfan1972  (he's back) has a computer made of wood that you crank by hand that plays 45 RPM records and reads IBM cards. Of course all of his stuff is stored on stone tablets which he keeps under his reinforced booth at Burger King. He has a backup file at IHOP known as the waffle file. He'll tell you whether this conforms with the rules, probably they should give you a CD or a PDF via Email. Ask for that. All else fails, motion the court to order them to respond by email.

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The title of your thread references MO, but you're from AR.  I quoted the AR rule for admissions.  The MO rule says the same thing.

 

59.01. Request for and Effect of Admissions

 

"A responding party may give lack of information or knowledge as a reason for failure to admit or deny if such party states that the party has made reasonable inquiry and the information known or readily obtainable by the party is insufficient to enable the party to admit or deny."

 

 

Yeah, this posting is for a very close friend who resides about 45 minutes north in Missouri. 

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Okay, here's the full thing.  Took me a minute to get it all in here.

 

They put Admissions, Interrogatories, and Production all in one package.  Three copies of each and the aforementioned 3.5 diskette.

 

**** Now why would the numbers not work?   That's weird.

 

1st:  Admissions

 

  1. At all times pertinent herein, Plaintiff was and is a LIMITED LIABILITY COMPANY organized and existing under and by virtue of law.

Response:

  1. .   Plaintiff is the holder of a valid assignment of an account originating with Credit One Bank, NA, with an account number ending in XXXXXXXX

Response:

  1. That the Defendant is / are a resident of Newton County, Missouri.

Response:

  1. Credit One Bank NA and Defendant entered into a contract, whereby Credit One Bank NA extended credit pursuant to the terms and conditions of Credit Card Agreement ( hereinafter referred to as Agreement )

Response:

 

  1. Defendant, in exchange for he sue of the credit extended, agreed to pay Credit One Bank for all amounts due resulting from the authorized use of defendants credit card, including any finance charges and any other charges due under the terms of the Agreement.

Response:

  1. Defendant has / have not made all payments to Credit One Bank pursuant to the Agreement

 

  •  
  1. Credit One Bank sent monthly statements to the Defendant

Response:

  1. Defendant breached the Agreement by failing to pay the amount of $1,195.00 amount owed

 

Response:

  1. As a direct and proximate result of Defendant’s breach of the Agreement, Credit One Bank has sustained damages to the sum of $1,195.00
    • response

 

  1. Credit One Bank has fully performed, pursuant to the terms of the Agreement or its performance has been excused by the defendant’s breach.
    • response:

 

  1. Credit One Bank, and subsequently, Plaintiff, have made demand for payment of the outstanding sum of $1,195.00 but defendant has refused to pay.  Plaintiff seeks interest from February 22, 2009, which is the date of demand or subsequent to the date when demand for payment was made.
    • response:
    •  

 

  1. Defendant and Credit One Bank have had previous financial transactions related to the credit card issued to defendant by Credit One Bank, at defendant’s insistence and request.

Response:

 

 

  1. Defendant received and used ( or authorized use of ) the credit knowing that Credit One Bank expected to be repaid in full for all monies advanced, together with interest thereon.

 

  • response
  •  

 

  1. With each use of the credit Credit One Bank paid money on defendants behalf to the merchant with whom the credit was used.

Response:

 

 

  1. Defendant accepted said funds for the purchase of good, wares, merchandise, or services, and has been unjustly enriched by failing to repay such sums.

 

  • response

 

  1. Plaintiff is the assignee of the Issuer’s right to be repaid by Defendant for such money had and received, and is entitled to recover from Defendant the sum of $1,195.00, that being the balance due through  February 22, 2009.
    • response

 

  1. Defendant and Credit One Bank have had previous financial transactions related to the credit card issued to defendant by Credit One Bank, at defendant’s insistence and request.

( YES… THIS IS THE SAME QUESTION AS NUMBER 12 )

 

  • response
  1. Pursuant to said transactions, Credit One Bank sent defendant statements of account, to which the defendant did not object.

Response:

 

 

  1. Defendant did not object in writing to any of these statements of account, or monthly statements concerning this account.
    • response

 

  1. Pursuant to the terms and conditions sent to Defendant along with the credit card, and governing its use, the defendant made an unconditional promise to pay the amount due with the use of said credit card.

Response:

  1. The resulting balance agreed to by the parties is $1195.00
    • response

 

  1. The defendant has / have failed to keep his/her /their promise to pay said balance, despite demand for same having been made.

Response:

  1. Plaintiff is the assignee of Credit One Bank to be repaid by defendant on the account, and it is entitled to recover from Defendant the sum of $1,195.00, that being the balance due through February 22, 2009.
    • response

 

 

Interrogatories

 

  1. If you denied any of the facts as set forth in Plaintiff’s Request for Admissions, state each and every fact upon which you rely to support your denial.

Response:

  1. To the extent not already answered, if you denied request No. 9, state which and every fact upon which you base your denial of the amount owed.

 

  • response

 

  1. Identify each and every person who answered, or who aided in answering, these Requests for Admissions and Interrogatories, or who was consulted or supplied information upon which answers to these Requests for Admissions and Interrogatories are based.

Response:

 

     4.  Identify each and every expert Witness defendant intends to call at trial, and for each such expert state the subject matter on which the expert is expected to testify and the expert’s hourly deposition fee, address, occupation, place of employment, and qualifications to give an opinion.

  •  

 

PRODUCTION OF DOCUMENTS

  1. If the Defendant denied request for Admissions No. 19, provide copies of all correspondence sent to Plaintiff disputing any statement of account, or monthly statements.

Response:

  1. If Defendant made payments on this account, provide copies of canceled checks or other documents to verify payments made.

 

  • response
  •  

 

  1. If Defendant is / are claiming that there was some form of credit insurance, or claiming some other party is responsible for payment on this account, provide copies of all insurance claims filed or other documents to support this claim.

Response:

  1. Provide copies of any documents or things that defendant would intend to introduce as evidence at trial.

 

Response:

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