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Objection to requests for Proudction of Documents


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Sent request for production of docs to attorney representing Asset. I had 12 requests which I'm listing below (in shortened form). Plaintiff's responses are also listed (shortened as well to save space)

 

1. Documention showing how plaintiff acquired the account including any previous owners, the acquision price of the account and identify of any brokers that assisted in the transaction

Response: Objects due to attorney-client privilege and is not reasonably calculated to lead to the disocvery of admissable evidence.

 

2. Documentation relevant to "assignment"

Response: Objects; defendant's request as vague, ambiguous, overly broad, etc. Plaintiff in process of "gathering evidence" in support of the instant claim and has requested information from Plaintiff's assignor & will produce non-privleged information to the extent available in form of a supplement

 

3. The alleged credit application bearing defendants signature

Response: Objects; they state GA law does not rquire a signed application or Cardholder agreement to establish consent to the the credit card contract and ref Davis v Discover Bank case and states contract becomes entire when acct holder retains and makes use of the card - they then reference the Hill vs American Express case. Plaintiff is in process of gathering evidence and will produce if it becomes available in form of a supplement

 

4. The alleged credit agreement stating interest rate, grace period, terms of repayment, etc.

Response: Objects: Same reasoning as #3 listed above.

 

5. Complete accounting of the amount Plaintiff claims is due including principal, interest, fees, etc.

Response: Plaintiff is in process of gathering evidence in support of instant claim. Plaintiff has requested from assignor and will proudce non-privleged info in form of a supp to these responses to the extent available

 

6. A contract, agreement, assignment or other means demonstrating Plaintiff has authority and is legally entilted to collect

Response: Objects: Same answer as #3 above

 

7. Letter sent to defendant demonstating attempts to collect on account:

Response: See enclosed documents to said request (I'll list below)- they are in process of gathering evidence and again, will send as supp to the extent they are available

 

8. A notarized statement by a person w/original knowledge of debt who can testify or be interrogated that the debt was incurred legally

Response: Sent an affidavit signed by employee of Asset w/5 statments that was notarized in 2012

 

9. Any and all further docs that defendant had an outstanding account or debt related to account

Response: see enclosed documents (will list below)

 

10. Any furhter docs beyond what has been previously requsted that clearly establish defendants liability or responsibility of debt

Response: Objects; Defendant's request is vague, ambiguous, over broad, unduly burdensome and irrelevant. Again, they are in process of gathering evidence

 

11. Any and all credit report(s) plaintiff or attorney obtained from credit reporting agency

Response: Objects; same answer as #10

 

12. Any all notes, memos or likewise regularly kept in the the normal transaction & business of collecting debts that relate to the Defendant and account

Response: See enclosed

 

The "attached" documents they sent:

(a) Copy of their response to my original request for debt validation

( B) An affidavit from employee of Asset

© A standard form letter created by Asset w/purchase date, charge off balance amt and a box stating staturtory interest rate and last payment date . Bottom of form states *not previously mailed - this communication is from a debt collector. Purchase date of acct was 2010; form made 2012.

 

From here, I was going to go ahead and send request for admissions and interrogatories. Should I also file motion to strike affidavit or no? Based on what they sent, should I be worried about anything?

 

I know the members on this board answer these questions all of the time & want to say thanks to each of you for the invaluable help and guidance you provide to those of us who need a little more "individual" help and hand-holding along the way.

 

 I've been on here daily since January reading as many posts as I can and have a basic understanding of how to proceed but basically want to make sure I'm not missing anything before I do and would just appreciate somebody taking a look at my particular ifnormation and making any suggestions. I want to make sure I'm understanding things correctly before I file anything w/the court. 

 

I'm also taking a lot of info from Sheridan v Midland case being she dealt w/same state court & JDB attorney I am, only I don't have a counterclaim.

 

Thanks again!

 

 

 

 

 

 

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:ROFLMAO2:  @ "gathering evidence" If they don't have it, there's not much chance they will be able to get it. No matter what they say. I still find it funny that they sue without much if any evidence other than a spreadsheet from the OC.

 

They are correct that a signed contract is not required to prove a credit card debt. But they still need to prove you used the card and that they have standing to sue you. Have they sent any billing statements from the OC?

 

You should strike their affidavit but you don't necessarily need to do that yet. I'd wait till after the admissions and likely as close to your court date as possible to give the opposition as little time as possible to cure their defects. Make sure you ask in the admissions if the affiant has personal knowledge of the practices of the OC or if they ever worked for the OC.

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Thanks Spikey; awesome advice regarding the affidavit and admissions. I'm going to do just that. They haven't sent me any billing statements at all.

 

I can't believe the number of lawsuits these JDB file either.  I watch the court dockets daily in my county and you should see how many lawsuits this particular JDB files in one day. Out of 17 filed on the same day in January as mine, not one defendant ( w/a verified receipt of summons noted) filed an answer w/the court in the allowed time. Automatic judgments against all of them. How can people not even try?!

 

Thanks again for your help; I'm going to start my admissions right now so I can get them filed. :yahoo:

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3. The alleged credit application bearing defendants signature

Response: Objects; they state GA law does not rquire a signed application or Cardholder agreement to establish consent to the the credit card contract and ref Davis v Discover Bank case and states contract becomes entire when acct holder retains and makes use of the card - they then reference the Hill vs American Express case. Plaintiff is in process of gathering evidence and will produce if it becomes available in form of a supplement.

 

They are right, but too bad for them, they aren't in GA and neither is the OC. None of them are. They will use every excuse they can to get around proving that you applied for the account. Unsolicited credit cards violate TILA Regulation Z.

 

4. The alleged credit agreement stating interest rate, grace period, terms of repayment, etc.

Response: Objects: Same reasoning as #3 listed above.

 

 

The cardholder agreement they don't want to produce states that the laws of the state the creditor is located in and federal law apply, not Georgia law. They all do. Asset inherited this. Davis did not address this exact issue. Here is an excerpt:

 

Attached to the complaint was the affidavit of Discover's “legal placement account manager,” who verified that he had control and access to the records pertaining to this account, which were kept in the normal course of business. The manager further verified that the cardmember agreement and terms attached to the affidavit were sent to all cardmembers. That agreement provided that “the use of your account or a card by you or an authorized user  means you accept this agreement.”

 

Davis' mistake was asking for a signed agreement when there is no such thing in the industry. In your case, they just don't want to be bothered because they don't think they have to. Let them think that. How did you agree to the terms of an agreement they never sent you? They may claim they did, but you can counter affidavit them and say they did not.

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How can people not even try?!

 

They are scared and don't know what to do. Most take the "ignore it and hope it goes away" approach. They feel lost and hopeless and are not aware of their rights and also how they could possibly fight back when the JDB has "all of that evidence".

 

It's a shame and, of course, I do not judge. Burying your head in the sand is a common human response to being completely overwhelmed and how a lot of people go into debt in the first place. I was, at one time, one of those people. Fortunately, I have a "F*** it! If I'm going down I'm going down swinging" approach and it helped me dig out. Not everyone does.

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Reasons vary why they don't try, but the biggest one is that they do not understand anything about the court system. Those of us who have studied this for many years, like the Terror of Delaware above and a few others, can't wait to be sued so we can torment these idiots and their incompetent lawyers. Some have nightmares over being sued, we become the nightmare for those that sue.

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I was one of those people that didn't try. I didn't understand the system, didn't know I could fight back. It was all "greek" to me. I found this board, decided to start fighting back and keep learning every day. I plan to be a total nightmare for Asset and want everyone else sued by them to be as well.

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1. Documention showing how plaintiff acquired the account including any previous owners, the acquision price of the account and identify of any brokers that assisted in the transaction

Response: Objects due to attorney-client privilege and is not reasonably calculated to lead to the disocvery of admissable evidence.

 

 

In my opinion, "documentation showing how plaintiff acquired the account" would include a bill of sale.  They're claiming proof of how they acquired the account is privileged and won't lead to admissible evidence?  Proof that they purchased accounts from the OC is not privileged, and it is relevant.

 

That being said, the bill of sale won't show your name or account number, but if Asset refuses to provide even a basic generic bill of sale, they haven't got a case.

 

 

 

2. Documentation relevant to "assignment"

Response: Objects; defendant's request as vague, ambiguous, overly broad, etc. Plaintiff in process of "gathering evidence" in support of the instant claim and has requested information from Plaintiff's assignor & will produce non-privleged information to the extent available in form of a supplement

 

 

A bill of sale would be relevant to assignment.  They say they've requested the information, so let's see if they ever provide any. 

 

If they don't provide at least a bill of sale, they're done.  If they do provide one, you'll prepare to argue that it doesn't show your name or the account number and is not proof that an account allegedly owed by you was included in a sale.

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"Plaintiff is in process of gathering evidence in support of instant claim. Plaintiff has requested from assignor and will proudce non-privleged info in form of a supp to these responses to the extent available"

 

What this means is the attorney has nothing to prove his case,his only hope is for you to sign the consent judgement form and when you dont he will dismiss the case.They bank on you not showing up for court,it happens about 95% of the time and thats how they make their living.They dont make a living off of people who fight back.

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I'm going to attach the only thing I'm unsure of that they sent. This was sent w/basic affidavit and a copy of my validation request. What is this? I'm assuming it's nothing that will help their case as it's pretty general.

 

I said they haven't sent a BOS but want to make sure I'm not misunderstanding what this attachment is. I hope I loaded it correctly...

 

3403_001.pdf

 

Thanks for the comments; they are a huge help!

 

 

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1. Documention showing how plaintiff acquired the account including any previous owners, the acquision price of the account and identify of any brokers that assisted in the transaction

 

 

 

This is why they objected, any part of the request is subject to this. They should have objected in part and answered in part, but then again, you should have separated this into separate requests. You gave them a golden opportunity by submitting a compounded, misspelled request and they took advantage of  it, figuring that since you didn't know any better than to send a request like this, you would not know any better about the objection.

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They are right, but too bad for them, they aren't in GA and neither is the OC. None of them are. They will use every excuse they can to get around proving that you applied for the account. Unsolicited credit cards violate TILA Regulation Z.

 

Bruno does this also apply to a unsolicited Personal Line of Credit check received in the mail?

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