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1. Who is the named plaintiff in the suit?

Cavalry SPV I, LLC

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

Litow & Peach, P.C.

3. How much are you being sued for?

3,000

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

Bank of America/FIA card

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

served

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

papers given to my daughter

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

yes

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

Never heard of the company before being served.

9. What state and county do you live in?

Cass County Missouri

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

Paper work I got stated account was charged off on 3/31/10

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

5yrs

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).Motion to strike Affidavit of Claim, counter claim, REQUEST FOR PRODUCTION OF DOCUMENTS

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

I did dispute the JDB but not OC.

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?

I went to court on 3/19/13 and we are sheduled to go back to court on 5/14/13... MO has 30 days to respond.

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

 AFFIDAVIT OF CLAIM

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Other than in an appeal, I haven't seen a case where a judge made a big deal out of something like that, unless the other party raises the issue. I suppose that would depend on the judge, though. In any event, if your filing were stricken on that basis, I suspect it would be done with leave to refile.

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REQUEST ONE: Plaintiff is a corporation duly organized under the law.

REQUEST TWO: The defendant is a resident of the County of CASS, State of Missouri.

REQUEST THREE: That Defendant was extended credit from BANK OF AMERICA/FIA CARD for which Defendant agreed to pay.

REQUEST FOUR: Defendant was issued and received a credit card under an Account No. ending in ************4404 from BANK OF AMERICA/FIA CARD.

REQUEST FIVE: Defendant incurred charges on the account at issue under the foregoing account number.

REQUEST SIX: Defendant breached said Agreement by failing to make payments to BANK OF AMERICA/FIA CARD as required an Agreement.

REQUEST SEVEN: You received monthly statements from BANK OF AMERICA/FIA CARD.

REQUEST EIGHT: You did not object to the debits and credits indicated in the monthly statements sent by BANK OF AMERICA/FIA CARD.

REQUEST NINE: That Plaintiff is the real party of interest and is authorized to bring this action.

REQUEST TEN: Plaintiff has been damaged in the amount of $2,777.04 together with interest at the statutory rate of 9% per annum accrued from March 31, 2010 pursuant to the breach by Defendant.

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INTERROGATORY ONE: If Plaintiff’s Request for Admission Number One is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number One is based.

 

INTERROGATORY TWO: If Plaintiff’s Request  for Admission Number Two is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request  for Admission Number Two is based.

 

INTERROGATORY THREE: If Plaintiff’s Request for Admission Number Three is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Three is based.

 

INTERROGATORY FOUR: If Plaintiff’s Request for Admission Number Four is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Four is based.


INTERROGATORY FIVE: If Plaintiff’s Request for Admission Number Five is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Five is based, including identification of disputed charges by the account number, transaction description, reference number, amount, date, and reason for dispute. Attach sheet if additional space if needed.

 

INTERROGATORY SIX: If Plaintiff’s Request for Admission Number Six is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request  for Admission Number Six is based.


INTERROGATORY SEVEN: If Plaintiff’s Request  for Admission Number Seven is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Six is based.

 

INTERROGATORY EIGHT: If Plaintiff’s Request for Admission Number Eight is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Eight is based.


INTERROGATORY NINE: If Plaintiff’s Request for Admission Number Nine is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Nine is based.

 

INTERROGATORY TEN: If Plaintiff’s Request for Admission Number Ten is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Ten is based.


 

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REQUEST ONE: Plaintiff is a corporation duly organized under the law.

REQUEST TWO: The defendant is a resident of the County of CASS, State of Missouri.

REQUEST THREE: That Defendant was extended credit from BANK OF AMERICA/FIA CARD for which Defendant agreed to pay.

REQUEST FOUR: Defendant was issued and received a credit card under an Account No. ending in ************4404 from BANK OF AMERICA/FIA CARD.

REQUEST FIVE: Defendant incurred charges on the account at issue under the foregoing account number.

REQUEST SIX: Defendant breached said Agreement by failing to make payments to BANK OF AMERICA/FIA CARD as required an Agreement.

REQUEST SEVEN: You received monthly statements from BANK OF AMERICA/FIA CARD.

REQUEST EIGHT: You did not object to the debits and credits indicated in the monthly statements sent by BANK OF AMERICA/FIA CARD.

REQUEST NINE: That Plaintiff is the real party of interest and is authorized to bring this action.

REQUEST TEN: Plaintiff has been damaged in the amount of $2,777.04 together with interest at the statutory rate of 9% per annum accrued from March 31, 2010 pursuant to the breach by Defendant.

 

Does anyone want to fill in the responses to interrogatories?

 

 

REQUEST ONE: Objection. Request requires Defendant to make a purely legal conclusion.
 
REQUEST TWO: [ Admit, if true ]
 
REQUEST THREE: DENIED as stated.
 
REQUEST FOUR: Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.
 
REQUEST FIVE: Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.
 
REQUEST SIX: Objection. Request requires Defendant to make a purely legal conclusion.
 
REQUEST SEVEN: Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.
 
REQUEST EIGHT: DENIED
 
REQUEST NINE: Objection. Request seeks a purely legal conclusion.
 
REQUEST TEN: DENIED
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Does anyone want to fill in the responses to interrogatories?

 

 

REQUEST ONE: Objection. Request requires Defendant to make a purely legal conclusion.

 

REQUEST TWO: [ Admit, if true ]

 

REQUEST THREE: DENIED as stated.

 

REQUEST FOUR: Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

 

REQUEST FIVE: Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

 

REQUEST SIX: Objection. Request requires Defendant to make a purely legal conclusion.

 

REQUEST SEVEN: Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

 

REQUEST EIGHT: DENIED

 

REQUEST NINE: Objection. Request seeks a purely legal conclusion.

 

REQUEST TEN: DENIED

Thanks for all your help Nascar.

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REQUEST ONE: Plaintiff is a corporation duly organized under the law.

Objection. Request requires Defendant to make a purely legal conclusion.

REQUEST TWO: The defendant is a resident of the County of CASS, State of Missouri.

Admit

REQUEST THREE: That Defendant was extended credit from BANK OF AMERICA/FIA CARD for which Defendant agreed to pay.

DENIED as stated.

REQUEST FOUR: Defendant was issued and received a credit card under an Account No. ending in ************4404 from BANK OF AMERICA/FIA CARD. Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

REQUEST FIVE: Defendant incurred charges on the account at issue under the foregoing account number.

Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

REQUEST SIX: Defendant breached said Agreement by failing to make payments to BANK OF AMERICA/FIA CARD as required an Agreement.

Objection. Request requires Defendant to make a purely legal conclusion.

REQUEST SEVEN: You received monthly statements from BANK OF AMERICA/FIA CARD.

Cannot admit or deny. Request seeks admission relating to a vague and indefinite time period.

REQUEST EIGHT: You did not object to the debits and credits indicated in the monthly statements sent by BANK OF AMERICA/FIA CARD.

DENIED

REQUEST NINE: That Plaintiff is the real party of interest and is authorized to bring this action. Objection. Request requires Defendant to make a purely legal conclusion.

REQUEST TEN: Plaintiff has been damaged in the amount of $2,777.04 together with interest at the statutory rate of 9% per annum accrued from March 31, 2010 pursuant to the breach by Defendant.

DENIED

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INTERROGATORY ONE: If Plaintiff’s Request for Admission Number One is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number One is based.

 

Requests to admit are proper when they are used to establish facts or the application of law to facts but not to establish legal conclusions such as whether plaintiff is "duly organized under the law." 

 

INTERROGATORY TWO: If Plaintiff’s Request  for Admission Number Two is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request  for Admission Number Two is based.

 

No response required.

 

INTERROGATORY THREE: If Plaintiff’s Request for Admission Number Three is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Three is based.

 

This Request fails to identify the amount of "credit" allegedly extended and the terms under which it was allegedly extended. Defendant cannot admit to agreeing to repay an unknown amount of money under terms known only to Plaintiff. 

 

INTERROGATORY FOUR: If Plaintiff’s Request for Admission Number Four is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Four is based.

 

This request does not sufficiently identify the credit card at issue from all others in the universe of credit cards. Without being provided with anything more than the last four numbers of a credit card, Defendant cannot admit with certainty that the credit card which is the subject of the Request was a credit card actually received by Defendant.

 

INTERROGATORY FIVE: If Plaintiff’s Request for Admission Number Five is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Five is based, including identification of disputed charges by the account number, transaction description, reference number, amount, date, and reason for dispute. Attach sheet if additional space if needed.

 

The request does not sufficiently identify the charges at issue so as to allow Defendant to admit or deny whether he/she made them. The request as framed seeks to have Defendant admit to charges he/she may not have made, or to charges outside the scope of this litigation.

 

INTERROGATORY SIX: If Plaintiff’s Request for Admission Number Six is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request  for Admission Number Six is based.

 

Requests to admit are proper when they are used to establish facts or the application of law to facts but not to establish legal conclusions such as what constitutes a "breach." Moreover, Defendant has no idea what "Agreement" Plaintiff is referring to.

INTERROGATORY SEVEN: If Plaintiff’s Request  for Admission Number Seven is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Six is based.

 

As an initial matter, this request does not sufficiently identify the statements at issue from all others in the universe of statements, nor does it identify the "debits and credits" reflected in those statements. The overly broad and vague request clearly seeks to have Defendant unwittingly admit to receipt of unidentified "statements" over an undefined period of time, solely for the purpose of allowing Plaintiff to claim the existence of an account stated between Defendant and his/her alleged creditor when there is no such agreement. As evidenced by the absence of any agreement between Defendant and his/her alleged creditor, specifically agreeing to pay a sum certain in exchange for specific services rendered, there is no "account stated" and Defendant specifically denies acquiescing to receipt of any such statement.

 

INTERROGATORY EIGHT: If Plaintiff’s Request for Admission Number Eight is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Eight is based.

 

This request does not sufficiently identify the statements at issue from all others in the universe of statements. The request as framed seeks to have Defendant admit to receipt of statements possibly relating to different accounts, to receipt of statements sent in error, or to receipt of statements during time frames outside the scope of this litigation.

INTERROGATORY NINE: If Plaintiff’s Request for Admission Number Nine is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Nine is based.

 

Requests to admit are proper when they are used to establish facts or the application of law to facts but not to establish legal conclusions such as what constitutes a "real party in interest."

 

 

 

 

 

 

 

 

INTERROGATORY TEN: If Plaintiff’s Request for Admission Number Ten is not admitted, state fully and completely the facts upon which Defendant’s denial of Plaintiff’s Request for Admission Number Ten is based.

 

Defendant denied this request because it is not true. Plaintiff has suffered no damages resulting from any act or omission by Defendant.

 

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Nascar you have been a tremendous help! I'm going to send in my response in the a.m.

Should I send the plaintiff my own set of REQUEST FOR ADMISSIONS/INTERROGATORIES? I still have not received anything form my discovery request. Except a letter stating I did not provide them with an electronic copy."We consider your request to be improper per rule 58.01(B )(3)".

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DV is to late, when they filed against you, that was their DV.  What you need now is discovery requests.  read your rules here http://www.courts.mo.gov/page.jsp?id=676  

they ent you discovery requests, and you said you sent them some, but what did you send?  Was it according to your rules?

 

You need to send them a request for documents at the very least.  Then if they don't comply you can send a meet and confer letter giving them a few extra days, if they still fail to send them, you can do a motion to compel with the court.  If they send you a bunch of garbage send them a request for admissions.  If they don't answer those, you can have them deemed admitted.  But check your rules on what you can send.  just do a search in your rules for discovery and it should bring up what you can send, how many, and how long they have to answer.

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Any thoughts on a debt validation request that was sent after case was filed?

 

Did you ever receive a collection letter from the JDB or the JDB attorney?  Or was the summons and complaint the first time you ever heard from either the JDB or the attorney?

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Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document  produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction, or any document setting forth any guarantees or  warrantees (or lack thereof) from the original creditor attesting to the accuracy of the account balances.

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Requests for Production of Documents

13. Documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

14. The forward flow document governing this transaction, or any document setting forth any guarantees or  warrantees (or lack thereof) from the original creditor attesting to the accuracy of the account balances.

 My Request for production of doc.

1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence.

2. The alleged credit application from Account Numbers (CAVALRY SPVI, LLC ) and (BOA Acct#) XXXX bearing the defendant’s signature;

3. The alleged credit agreement from Account Numbers (CAVALRY SPV I, LLC ) and (BOA Acct#) XXXX that states interest rate, grace period, terms of repayment, et cetera;

4. Itemized statements or credit card statements from Account Numbers (CAVALRY SPV I, LLC ) and (BOA Acct#) XXXX4404 that demonstrate how the alleged amount of $3,000 was calculated;

5. A contract, agreement, assignment, or other means demonstrating that CAVALRY SPV I, LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (CAVALRY SPV I, LLC ) and (BOA Acct#) XXXX;

6. Letter(s) sent to defendant by CAVALRY SPV I, LLC, demonstrating an attempt to collect on the alleged debt, Account Numbers (CAVALRY SPV I, LLC ) and (BOA Acct#) XXXX;

7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (CAVALRY SPV I, LLC ) and (BOA Acct#)XXXX;

9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;

10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).

11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;

13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (CAVALRY SPV I, LLC ) and (BOA Acct#) XXXX;

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So I was thinking about sending this letter to the scumbag I mean lawyer. Any feedback is greatly appreciated.

Litow & Peach,

Pursuant to SEVENTEENTH JUDICIAL CIRCUIT RULE 3.2 there is no requirement to provide an “electronic copy”. This would make the copies of my request for production of documents received on April 5, 2013 sufficient and proper. Any further attempt to delay this request will be viewed as harassment.

In addition the original request for full validation of debt emailed on March 1, 2013 was never addressed.

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