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Pocket-docket finally filed

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1. Who is the named plaintiff in the suit?  

     EQUABLE ASCENT FINANCIAL LLC ASSIGNEE OF Chase Bank USA, N.A. (WAMU)

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

     Rausch, Sturm, Israel, Enerson & Hornik, LLC

3. How much are you being sued for?

    $12,500

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

     Providian - Washington Mutual - 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)

     Personal service.

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?

     None.

9. What state and county do you live in?

     Hennepin County Minnesota (when I was served); Carver County Minnesota (when suit was filed).

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

     Apr 2010.

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

     6 yrs in Minnesota.

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).

     I was served in July 2011, I served my Answer to Plaintiff's attorney within 20 days and complaint was filed with the court in April 2013.

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

     Negative.

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.

     Negative.

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 had to Answer within 20 days (and I did).  Details of Complaint and my Answer posted below.       

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

    Nothing- no attachments.


 

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Details of Complaint and my Answer:

 

COMPLAINT

 

  1.  Upon information & belief, Defendant is an individual residing in Hennepin County.

  2.  Defendant made purchases and/or cash advances on a charge account bearing account number xxxxxxx which was issued by Chase Bank USA, N.A. (WAMU) and there remains a  balance due and owing as of July 2011 in the amount of $12,500.

  3. That Defendant defaulted under the terms of the charge account agreement, and subsequent amendments thereto, which were provided to the Defendant, by failing and refusing to make payment on the account, and there is now due, owing and unpaid the sum of $12,500 plus continuing interest at the rate of 0% per annum.

  4.  That although demand has been made upon Defendant, neither the said sums or any portion thereof has been paid.

  5.  Plaintiff purchased this account as an assignee of Chase Bank USA, N.A. (WAMU).

  6.  Plaintiff realleges and incorporates as if fully set forth herein each of the allegations of plaintiff's first cause of action.

  7.  That the buyer-defendant was provided with a statement of said account indicating the balance due thereon, and the buyer-defendant retained said statement without making objection thereto within a reasonable time and/or made a partial payment on said balance due.

  8.  That the defendants have failed to pay the amounts set forth on those statements and there is a balance due the plaintiff from the defendants in the sum of $12,500 on an account stated, ad that, although the plaintiff has made demand upon said defendant for the payment of the aforesaid sum, the defendant has/have failed and neglected to pay same.

 

  Note: Numbers 1 - 5 of the Complaint are listed under COUNT 1 and numbers 6 - 8 are under COUNT 2. 

 

ANSWER

  1.  Defendant agrees the allegation in line 1 of the Complaint is true.

 2 - 8. Defendant does not have enough information to say if line 2 - 8 of the Complaint is true or false.

 

  Note: I listed line 2 - 8 as separate line items on Answer.

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Please HELP ME on what comes next.  I know I need to go file my Answer with the court now (and will do so today or tomorrow).  I was also contemplating filing a Motion to Amend Answer, but am unsure if I should file this simultaneously with my Answer or later- like after Discovery.  After perusing this forum, I am also concluding I should send them some Request for Production of Documents but would like some input on the order of sending these and what would be best to request.

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You should have send the discovery stuff right after you were sued. I would still send it right after you file you answer. I would not amend the answer until after discovery.

You are now in the regular situation where there will be a judge looking at things and making decisions. You therefore need to follow the Minnesota Rules of Civil Procedure. They can be found at the court's website. Others can help you on this as this is not a pocket docket situation any more. Interesting that they would do this. They must thing they can win.

There is also a link to a legal paper on this board that you can do my doing a search on the term "Minnesota". That should help you understand how to fight this. Also, make sure they listed the OC in the court papers and demand a bill of sale with the chain from the OC to the current JDB. That is one piece of proof they need.

Finally, do you reside in Carver County or Hennepin County? It is extremely rare for one to reside right on the county line and if they filed in the wrong county, you can file for a dismissal on the ground of juridstiction. Make them spend another $300 - $400 to refile. That will make them think twice.

 

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Thank you WhoCares1000- I have read several of your posts regarding MN suits and am glad you responded.  I reside in Carver County now, but resided in Hennepin when I was served.  I cannot seem to find any good info on this type of jurisdictional situation...  I have read (and re-read) the legal paper you referenced above and believe I have an understanding of what they will need to prove account stated.  The court papers list Equable Ascent Financial LLC Assignee of Chase Bank USA, N.A (WAMU) as Plaintiff and #2 & #5 of the Complaint says '...iChase Bank USA, N.A.(WAMU)...' but Providian is never referenced.  From what I understand, the Providian entity is relevant for for their chain of ownership; however, maybe I misunderstand??  I was thinking of making two different Requests for Production of Documents- one encompassing the statements/bills/payments/date of default and the next for all the assignment/assumption aspects (to attack standing).  Does this seem logical??

 

Thanks again!

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I think one request is fine. You can include all of the requests there. Just make sure you stay within the number of limits. Also make sure to send rogs and request to admit questions/statements. Don't simply ask for documents.

 

Sounds like the Carver County courts now have juridstiction since you now reside there so the case was filed correctly.

As for your answer, you might want to modify immediately and specifically deny paragraphs 2 - 8. One must either admit or deny so if you cannot state whether a paragraph is true, you deny.

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I am going to draft my Request for Production of Documents tonight and mail CCRRR tomorrow. Any feedback / input is much appreciated! Also, I believe I would need to file a motion to amend my answer if I want to make changes (as my original Answer, though not filed yet, was what I served on the JDB). I will read up on posts to see what rogs to include.

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Since you reside in Carver County and the case was filed in Carver County, the case is in the correct venue. Before doing too much, get the rules of civil procedure and read up on them. You do not want to make too many mistakes. Some of the judges are a little forgiving with Pro Pers but not to much.

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Last week, I sent JDB 'Defendant's Request for Production of Documents'.  My list was substantially the same as what I found on this forum- dubbed in some posts "Bruno's discovery list" (14 in total).  I will post a link and/or further details after my immediate questions.

Which brings me to......  this week I received Interrogatories and Requests for Admissions and would love some assistance in responding in the most effective way possible.  Some aspects of JDB's language (particularly the admissions) have me scratching my head.

 

First the rogs.  They start with definitions, which I will omit here for the sake of brevity.

  1. Identify the person who answers these Interrogatories, and if more than one person supplies information or answers to these Interrogatories, please state which person answered which portion of each Interrogatory. 
  2. Identify the persons known to you who have or claim to have any information concerning the facts that are relevant to the subject matter of this action, and state in complete detail the substance and nature of any such information.
  3. State whether or not you or anyone on your behalf has obtained a statement from any person relating to this action, the name of the person from whom the statement was taken, the name of the person taking the statement, and the dates of the statement, and type of statement.
  4. Identify each person you expect to call as a witness at the time of the hearing of this action.
  5. Identify all evidence you intend to introduce at the trial of this action.
  6. Identify each person whom you expect to call as an expert witness at the hearing of this action, and for each such person state their qualifications; the subject matter of the expected testimony; the substance of the facts and opinions to which the expert is expected to testify, including a summary of the grounds for each such opinion; and all treatises or other authorities such experts will rely upon with respect to the expression of an opinion.
  7. Identify by stating the date, parties to and content of, each and every written or oral communication you have had with any person or entity, other than privileged communications and/or discussing or referring to any of the claims or assertions in the Complaint, Answer and Counterclaim.
  8. Identify and describe any written correspondence, documents, or notification between the Defendant and Plaintiff.
  9. State with specificity any statements made by Plaintiff which you claim or will claim constitutes an admission against interest by Plaintiff.
  10. Identfiy any document or documents which you claim or will claim constitutes an admission against interest by Plaintiff.
  11. Identify all employees, agents or representatives of Plaintiff that Defendant had oral communications with concerning the subject matter of this litigation, and for each individual identified, state the date and substance of the communication.
  12. State whether you contend any of the monthly payments or periodic payment were excused.
  13. If you answered yes to Interrogatory 12, state the following: (a) What payments were excused; (B) What dates they were excused; and © Why they were excused.
  14. Identify all documents referred to, relied upon or related to any Interrogatory, your response to any Interrogatory, and your defenses, claims and assertions not previously identified in your response to defendants' Interrogatories.
  15. List any and all legal defenses you are asserting against Plaintiff in this action.
  16. List any and all addresses at which you have resided from January 1, 2003 to January 1, 2013.
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I found answers/objections for most in other posts; however, what's up with #7?  First, I did not even make a Counterclaim.  Second, it looks like it is missing a word and a comma... or something.  It does not seem to make sense (grammatically or logically).  And, a less important question, aren't these the Plaintiff's Interrogatories??  #14 say defendantss' interrogatories.

 

Any feedback is appreciated.

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Now the Request for Admissions.

  1. That you applied for and received the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit.
  2. That the Terms and Conditions for the credit card are genuine.  A true and correct copy of which is attached as Exhibit A.
  3. In the event you deny Request for Admission No. 1, state the name, address, age, occupation and employer of every person whom you will call to testify to dispute the genuineness of the Terms and Conditions.
  4. That you accepted the Terms and Conditions and agreed to be bound by them when you charged on the account.
  5. That you or an authorized user made all the charges or took the cash advances which compromise the current balance outstanding with Plaintiff.
  6. That you defaulted under the Terms and Conditions of the card by failing to make the required monthly payments due under the Terms and Conditions.
  7. There remains unpaid a principal amount owing to Plaintiff of $xxxxxxxx under the Terms and Conditions for the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit.
  8. In the event you deny Request for Admission No. 6, state the name, address, age, occupation and employer of every person whom you will call to testify to dispute the genuineness of the Terms and Conditions.
  9. That you agreed to be responsible for all costs of collection including reasonable attorneys fees and court costs if you defaulted on the credit card agreement from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit.
  10. That there are no documents which you rely on as a basis of or in support of a defense in this matter.
  11. That you made payments on the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit.
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Now the real confusing part of the Request for Admissions: no Exhibit A (the aforementioned Terms & Conditions) was attached!  WTF!  Also, Admission #5 really says 'compromise' though I think JDB meant 'comprise'.

 

Thanks in advance for the help!!!

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What I have come up with so far for my response to the Admissions.  Thought I would think 'aloud' on the post and hopefully stir up some interest.

 

#1: DENY.

 

#2: Defendant objects as this request is vague and contains the undefined terms "Terms and Conditions".  Defendant further objects as this request references Exhibit A which was not attached as stated.

 

#3: Defendant objects as this request is vague and contains the undefined terms "Terms and Conditions".

 

#4: Same as #3.

 

#5: ??? Not sure if I should 'DENY' or state an objection ???

 

#6: Same as #3.

 

#7: Same as #3.

 

#8: Same as #3.

 

#9: ??? Not sure again ???

 

#10:  ??? Not sure ???

 

#11: ??? Not sure ???

 

 

I guess there are more I am unsure about than I thought.  Ugh.

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You were served in July, 2011, and the complaint was filed in April, 2013?  I would contact the clerk of court and ask how much time is allowed between service of the complaint and the filing of the complaint.   In other words, when the complaint is served, how soon does the plaintiff have to file it with the court?

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After service in MN, case is to filed w/in a "reasonable amount of time". From the info I found, this can be any time before SOL is up. Court has revised this- effective July 1, 2013, case must be filed w/in 1 yr of service or is automatically dismissed with prejudice. For us pocket-docketeers existing before this goes into effect, case must be filed by June 30, 2014.

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Remember that MN is a pocket docket state and hence, the case starts upon service. This is one of the few cases where they actually filed the papers with the courts and paid the fees. Looks like the legislature is finally trying to limit the tolling of the SOL by forcing plaintiffs hand in filing with the courts or giving up. BTW, are you sure that is July 1st that the new law takes effect. Most laws in Minnesota take effect August 1st after the session to which they are passed.

Also, being a debt over $10,000, I think that is why they filed rather than walked away. It is lucrative enough to bring in the courts and worth the attorney time.

As for admissions and rogs, I will let others help you with those as they are better at that than I.

 

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Now the Request for Admissions.

  1. That you applied for and received the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit. denied
  2. That the Terms and Conditions for the credit card are genuine.  A true and correct copy of which is attached as Exhibit A. objection: no exhibit A was attached, calls for speculation on the part of the defendant,  there fore the defendant must deny.
  3. In the event you deny Request for Admission No. 1, state the name, address, age, occupation and employer of every person whom you will call to testify to dispute the genuineness of the Terms and Conditions. put your name and address(they already have it) defendant objects to identifying his employer as this information can only be discovered post judgement. It is well established that a plaintiff cannot discover a defendants financial situation prejudgment unless the plaintiff has filed for punitive damages, the plaintiff has not asked for punitive damages, therefore the defendant will only identify this information if the plaintiff receives a judgment against the defendant.
  4. That you accepted the Terms and Conditions and agreed to be bound by them when you charged on the account. denied, plaintiff has not appended the agreement, as stated in no 2, the defendant cannot in any way admit to accepting the terms of an agreement when no agreement has been appended to the complaint for the defendant to examine, this would call for speculation on the part of the defendant.
  5. That you or an authorized user made all the charges or took the cash advances which compromise the current balance outstanding with Plaintiff. denied,
  6. That you defaulted under the Terms and Conditions of the card by failing to make the required monthly payments due under the Terms and Conditions. denied
  7. There remains unpaid a principal amount owing to Plaintiff of $xxxxxxxx under the Terms and Conditions for the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit. denied, the plaintiff has appended no proof that the balance of the alleged debt is true and accurate, no accounting from a zero balance has been appended to the complaint, calls for speculation on the part of the defendant.
  8. In the event you deny Request for Admission No. 6, state the name, address, age, occupation and employer of every person whom you will call to testify to dispute the genuineness of the Terms and Conditions. none
  9. That you agreed to be responsible for all costs of collection including reasonable attorneys fees and court costs if you defaulted on the credit card agreement from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit. denied
  10. That there are no documents which you rely on as a basis of or in support of a defense in this matter. denied, plaintiff reserves the right to present any documents as they become available to him.
  11. That you made payments on the credit card from Chase Bank USA, N.A. (WAMU) that is the subject of this lawsuit. Denied.

 

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@Boostagusta

 

 



After service in MN, case is to filed w/in a "reasonable amount of time". From the info I found, this can be any time before SOL is up. Court has revised this- effective July 1, 2013, case must be filed w/in 1 yr of service or is automatically dismissed with prejudice. For us pocket-docketeers existing before this goes into effect, case must be filed by June 30, 2014.

 

If you don't mind, could you tell me where you found that information?   I'm not doubting you, but it's just interesting because it's very different from most states' rules.

 

Regarding your other thread about the docs, you might want to post that information in this thread.  That way we don't have to go back and forth between threads.  It's also better to keep all your information in one single thread.

 

In that other thread, you noted that they had provided some credit card statements in response to your doc requests.  I'm assuming that this is your account.  As a result, I'd be very careful how you deny #5 & #11 in the admissions.

 

1.  Did those cc statements show any charges or payments made by you?

 

2.  When does the bill of sale indicate that the account was sold?

 

3.  What exactly is stated in the bill of sale?

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@Boostagusta

 

 

 

If you don't mind, could you tell me where you found that information?   I'm not doubting you, but it's just interesting because it's very different from most states' rules.

 

Regarding your other thread about the docs, you might want to post that information in this thread.  That way we don't have to go back and forth between threads.  It's also better to keep all your information in one single thread.

 

In that other thread, you noted that they had provided some credit card statements in response to your doc requests.  I'm assuming that this is your account.  As a result, I'd be very careful how you deny #5 & #11 in the admissions.

 

1.  Did those cc statements show any charges or payments made by you?  YES.  1 statement does show a payment (no charges).

 

2.  When does the bill of sale indicate that the account was sold? January 2011.

 

3.  What exactly is stated in the bill of sale?  I will post full details this evening...

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I also have this question:

 

JDB's response to my request for Production of Docs contained Terms & Conditions as an Exhibit A.  Does this mean this exhibit is suppose to be assumed to be attached to their rogs/admissions as well?

 

I want to make sure I do not screw anything up when I respond to the admissions with objections aboot the lack of the referenced attached 'exh A'.

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Reposting JDB's Response to my request for Production of Docs (originally posted under a different thread):

 

Here is the responses:

 

1.  The original signed application establishing the account.

ANSWER: None available.  Discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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

ANSWER: Plaintiff objects to this request because it is vague and ambiguous.  Subject to and not waiving said objection, Plaintiff does not have copies of the merchant charge slips.  The information was electronically transmitted to the Plaintiff's assignor, the Defendant and the merchants would have the charge slips.

 

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

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

5.  Any document setting forth the choice of law provision.

ANSWER: See Exhibit A.

 

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

ANSWER: Plaintiff objects as this request is vague and contains the undefined term "default."  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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.

ANSWER: Plaintiff objects as this request is vague and ambiguous.  Subject to and not waiving said objection, see Exhibits A-B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Plaintiff further objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.  Plaintiff also objects to this request to the extent that it seeks to require Plaintiff to provide responses for persons or entities other than Plaintiff.  Plaintiff provides responses only on its own behalf.

 

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

ANSWER: See Exhibit B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

10.  Proof of mailing of monthly statements.

ANSWER: See Exhibit B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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

ANSWER: Plaintiff objects to this request as the information sought is within the knowledge or control of the Defendant.  Plaintiff further objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.

 

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

ANSWER: Plaintiff objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.  Subject to and not waiving said objection, see Exhibit B, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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.

ANSWER: Plaintiff objects to this request as it seeks information or documents that are irrelevant and not reasonably calculated to the discovery of admissible evidence.  Subject to and not waiving said objection, see Exhibits B-C, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

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 balance.

ANSWER: Plaintiff objects as this request is vague and contains the undefined term "forward flow document."  Subject to and not waiving said objection, see Exhibits A-C, discovery is continuing and Plaintiff reserves the right to supplement its response if other documents become available.

 

The Exhibits

 

Exhibit A: Providian VISA or MASTERCARD ACCOUNT AGREEMENT- 7 pages of double columned credit card terms.  Looks generic/standard (i.e contains no specific info).

 

Exhibit B: 5 credit card billing statements that show late fees and interest charges.  Account number is redacted except for last four digits & statements are address to me.

 

Exhibit C: Bill of Sale between Chase Bank USA, N.A. and Hilco Receivables (struck-through with 'EAF, LLC' handwritten above.  This doc is 1 page and is an Exhibit to a Credit Card Account Purchase Agreement (rest of said agmt was not included).  

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