Jump to content

Sued again Midland F - questions regarding Exhibits


Recommended Posts

History in brief.  Sued by Midland F. for a Chase debt.  Engaged in the tit-for-tat dance.  Answered the complaint, sent interrogatories, admissions and request for documents.  Got bogus repsonses of deny, object, deny, object and so on.  Then received their interrogatories, admissions and request for documents.  DENIED DENIED DENIED.  However, based on exhibits received from them including a blantantly obvoius incomplete bill of sale with NO names, etc, I consequently sent an additional request for documents and admissions.......crickets - no response.  Trial date is set, but not a word, So I file a motion to compel - prepare for the fight and as I am in the courtroom waiting, I am handed a "Plaintiff dimisses the case without prejudice".  A small win....but the door remains open for it to happen again. 

 

Fast forward 5 months - SERVED AGAIN!

 

Same case, same law firm, same everything (well except the intereste charges have increased).  Here is the newbie - but responded to compliant and filed interrogatory, admissions and request for documents and included previous exhibits and referenced previous case brought against me in them requesting the same stuff they didn't provide before.  Admissions were responded to at the final hour (30 days from date sent) howeer, no interrogatories or request for documents included (so going to have to file a motion to compel it would seem).

 

However - here lies my questions:

 

I know that if you were tried on a pervious case for the same thing and the plantiff dismissed it - it's like it never happened - so I am guessing that the exhibts have no merit in this case and even though I have included them as exhibts and sent them - is it legal and allowable for me to demand that given that they were the ones to provide them to me as their "evidnece" that I supposedly owe this debt, that I still have the right (prior case or not) to demand that they provide the entire flow-through documents that were indicated on the bill of sale exhibit?  In other words - they released this to me so it is fair game for me to use them in return as my exhibits showing that they are incomplete, lack substantiation in relation to the hersay rule and use it to shoot holes in whatever they try to bring?

 

The bill of sale that they provided to me in the  previous court case as "evidence" states on it:   "This Bill of Sale is executed without recourse except as stated in the Credit Cadr Account, Purchase Agreement to which this is an Exhibit.  No other represenation of or wrranty of title or enforceabilitiy is expressed or implied."      And so - I put in my addmissions:  Admit that the original creditor sold or assigned the debt to you with no warranties or represenationas as to the validity of the debt. 

 

Their response:  DENY

 

HHHMMMMMM?????

 

So, here in my state I am able to request additional admissions - would it make logical sense that since they are wanting to act like the first case never happened and they are clueless as to what I am referencing and deny things - that I ask them to ADMIT that they sent to the defendant the following items at the stated address:  bill of sale, copies of credit card statements and include copies of them  - so that when we take it to the next level that I can challenge them on this since they are wanting to act like nothing from the first case is allows - they will either have to admit or deny or object - and if they do - then I stick it to them dependent upon their answer?

 

Does all this seem logical and a realistic tactic?

Thanks in advance for your help.

Link to comment
Share on other sites

Here is the little detail I picked up on.

 

 

And so - I put in my addmissions:  Admit that the original creditor sold or assigned the debt to you with no warranties or represenationas as to the validity of the debt. 

 

Their response:  DENY

 

But the bill of sale states:

 

This Bill of Sale is executed without recourse except as stated in the Credit Card Account, Purchase Agreement to which this is an Exhibit.  No other representation of or warranty of title or enforceabilitiy is expressed or implied.

 

The little detail is the "except as stated in the Credit Card Account, Purchase Agreement". So they can deny that the debt was sold with no warranties. It was sold with a warranty "as stated in the Credit Card Account, Purchase Agreement".

 

Now what you can do is request the Credit Card Account, Purchase Agreement. The bill of sale is an exhibit to that agreement so the bill of sale is an incomplete document without it. If they want the bill of sale, they need the whole doc. Got me?

 

And btw, if they fail to respond to admissions, you don't compel. You motion to have them deemed admitted. Once that is done, their case is over if you used the right admissions. One admission should always be something to the effect of "plaintiff is not the legal owner of the debt that is the subject of this lawsuit" or something. If that is deemed admitted, they're done.

Link to comment
Share on other sites

Hello Flyerfan - thank you for your response.  I have requested in the "request for documents" both the credit card account and purchase agreement - to which they have not responded (and we are past the 30 days per state statute for responding).  They replied to the admissions - so I can't motion to have them deemed admitted save for any items they objected to, but it is the interrogatories and the request for documents that they have not responded to.  Additionally, our state statute has a rule regarding the remainder of or related writings or recorded statements - in which during the pre-trial I can request the judge, as it is at his discretion, to require the party introducing the total communication - because if prior information is introduced out of context and leaves a false impression additional evidence, even if otherwise inadmissable, may be introduced to qualify and explain. 

 

We have a pre-trail the first part of next week and the judge is often quite lenient regarding allowing additional time for discovery - but if I press it and outline my reasons - I believe I can have a date set for a motion to compel hearing - as I was successful in doing that last time - it was granted and then they dismissed.

 

But I am thinking of holding out and going in this direction:

 

I screwed up in entering into evidence items that they sent me and not wait for them to introduce them - and now need to correct is - I think I can overcome this obstacle in that all I need to do is validate that they in fact sent me the bill of sale and get them to admit that through a request for additional admissions on this point. 

 

Once I have them admitting that - I can then challenge them because in my first request for admissions - I put:  Admit that the document attached hereto as Exhibit "A (which was the bill of sale sent to them by me)" is incomplete and void of any reference to the Defendant.  How did they respond?  DENY

 

Ok so.......if I get them to admit that they sent me the bill of sale on X date at X address - I can then have the exhibt substantiated in such a way that I can then challenge them on this point and since they DENY that it is incomplete and void of any refernce - by having them point to where the defendants name is on the Bill of Sale AND have them explain if it is a complete document -  why then does it state: This Bill of Sale is executed without recourse except as stated in the Credit Card Account, Purchase Agreement to which this is an ExhibitBAM - they denied that the bill of sale was an incomplete document and void of any reference of the defendant - yet RIGHT there on the Bill of Sale it states - it's an exhibt to a credit card account, purchase agreement -and NO WHERE on it is my name, the alleged account or anything -  so um - do they really have a clue???

 

Does this seem logical to do?  Or......

 

 

Should I just do the following:

 

1) File a motion to compel for the interrogatories and request for documents

2) Seek additional admissions that are super specific to them sending the "bill of sale" to me at X address on X date

3) Prepare for a trail and have all my homework done to slam them in court but secretly hope that once again they will dismiss the case and hope that my state/judge will dismiss with prejudice this time (I can't find anywhere what the limit is on the number of times you can be taken to court for the same thing without entering new evidence).

 

Any thoughts which is the better direction to go?

Thanks so much for all your insight and help - you see a lot of people who work through their first time at the circus - but rarely do you see people having to go to the circus a second time - so i'm kinda alone out here on this one.

Link to comment
Share on other sites

Perhaps a new interrogatory is in order for:

 

Admit that the document attached hereto as Exhibit "A (which was the bill of sale sent to them by me)" is incomplete and void of any reference to the Defendant.  How did they respond?  DENY

 

Interrogatory #1   Please show with a hilighter on the attached Bill of Sale sent by the plaintiff (Exhibit A) exactly where the defendant is specifically referenced, as you claimed in the defendant's request for admissions #?.

 

And this-

 

Additionally, our state statute has a rule regarding the remainder of or related writings or recorded statements - in which during the pre-trial I can request the judge, as it is at his discretion, to require the party introducing the total communication - because if prior information is introduced out of context and leaves a false impression additional evidence, even if otherwise inadmissible, may be introduced to qualify and explain. 

 

That is exactly what you want. Quote the statute number and go for that. 

 

Good work. Keep pushing.

Link to comment
Share on other sites

The number of times they can file is not in the rules as far as I can see. These are covered in 25-601-603. In most states it is two times. I think any judge who sees cases being filed numerous times with no trial will do something about it. There is a subsection in one of the rules  about this. The section for using discovery or pleadings is 25-824.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.