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I'm new and help needed please!! Rule 58.01(b)(3)???


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Hey all,

 

I'm new here and this looks like a great place to get some answers so please bare with me..

 

I'm being sued by Stellar Recoveries and I sent them a Debt Validation letter and the Judge a copy of it. I got a response back stating that they denide my request for discoveries because I didn't follow Rule 58.01(Bee)(3) and that I could email the lawyer the request.

 

What I did, and please tell me if this was appropriate or not.. I'm new to this like I said..

 

I sent them an email with a copy of the signed Debt Validation letter attached.. I also sent the judge, the denile letter and  a screen shot of the outgoing email with a sent time stamp (like you would see on yahoo.com email) so he knows that I sent the email..

 

Well... It's been over a week now and still no response..

 

I have a court date, (not trial), on 5/22 and have questions on how I should proceed?

 

Should I request a motion for compelling ?

 

Please let me know! :-)

 

Note: (Bee) was put in place so it wouldn't have a (B)

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CACH LLC v. Jon J. Askew

http://www.courts.mo.gov/sup/index.nsf/9f4cd5a463e4c22386256ac4004a490f/05b1ab4a57ec67848625792f00750254?OpenDocument

http://www.creditinfocenter.com/community/topic/314603-need-midland-advice-in-missouri/

http://www.creditinfocenter.com/community/topic/292720-start-to-finish-winning-against-midland-funding-aka-jdb/

Look over the pdf files, listen to oral arguments this should help you.

Your being sued don't spend a lot of time over a DV letter, Study your rules of civil procedure and rules of the court.

http://www.courts.mo.gov/page.jsp?id=676

You should read about the rules of discovery, Then send the plaintiff discovery so you can find out what they have to use against you.

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http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/0/eaf6abbe82915a0586256ca600521350?OpenDocument

(3) Service. Copies of the requests shall be served on all parties not in default. The party issuing the requests shall also provide each responding party an electronic copy in a commonly used medium, such as a diskette, CD-ROM or as an e-mail attachment, in a format that can be read by most commonly used word processing programs, such as Word for Windows or WordPerfect 5.x or higher. In addition to the information normally in a certificate of service, the certificate of service shall also state the:

(A) Name of each party who is to respond to the requests;

( B ) Number of the set of requests,

© Format of the electronic copy and the medium used to transmit the electronic copy to the responding party.

At the time of service, a certificate of service, but not the requests, shall be filed with the court as provided in Rule 58.01(d).

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The thing is the only thing they have sent is a summons with the one "breach of contract" and other BS statements. I haven't recieved any discoveries yet..

 

So after 30 days of that electronic requestion for production, I should file a request for admissions?

 

Please excuse my newbieness..  The entire thing is giving me a headache and my wife wants me to just do a letter of exemption but I want to fight this.

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1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

Process Service Requirements by State - Summons Complaint

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

9. What state and county do you live in?

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

11. What is the SOL on the debt?

12. What is the status of your case? Suit served? Motions filed? You can find this by 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).

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

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?

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

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They first denied my request for discoveries and used rule 58.01( B)(3), and I still haven't had a response..

Well, today I filed this with the Clerks office and mailed out to the plaintiff and judge but in more of a formal court document.

 

 

Request For Admissions

Count I

 

COMES NOW Defendant and Count I of Request For Admissions that Plaintiff Stellar Recovery, INC. Assignee of HSBC Bank N.A. admit or deny the following statements. If objection is made, please state the reason for the objection. If denying the matter, please set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter..

 

 

1. Admit that Plaintiff is unable to provide Defendant with a copy of any contract signed by Defendant..

 

2. Admit that Plaintiff did not enter into any contract with Defendant.

 

3. Admit that Plaintiff is unable to provide Defendant with copies of bills of sale containing information to establish its ownership of the particular alleged account.

 

4. Admit that Plaintiff is unable to provide a true copy of any assignment, referencing the alleged debt, between the Original Creditor. and the Plaintiff.

 

5. Admit that Plaintiff is not a proper party to this action.

 

6. Admit the Defendant is unable to provide a copy of the alleged cardholder agreement.

 

7. Admit that Plaintiff is unable to provide a complete accounting for the amount claimed as the alleged debt.

 

 

COMES NOW Defendant and Count II of Request For Admissions to Plaintiff Stellar Recovery, INC. Assignee of HSBC Bank N.A.

 

 

8. Admit that there were no prior transactions between Plaintiff and Defendant.

 

9. Admit that Plaintiff did not provide any goods or services to Defendant.

 

10. Admit that Stellar Recovery, INC. Assignee of HSBC Bank N.A. is not the alleged Original Creditor.

 

11. Admit that no employee, agent, or representative of Plaintiff is a custodian of records for the Original Creditor on the account at issue.

 

12. Admit that no employee, agent, or representative of Plaintiff has personal knowledge of Original Creditor's record keeping of any records pertaining to Defendant.

 

13. Admit that as of the date Plaintiff filed Complaint, no admissible evidence existed that proves Defendant owes any debt to the Plaintiff or the alleged Original Creditor.

 

14. Admit that Plaintiff is unable to provide original documents, true copies, or authenticated records of application for credit the alleged Original Creditor relied on, or a copy of any promissory note, or other document indicating Defendant agreed to be bound by any credit agreement.

 

15. Admit that there is no written agreement between the Defendant and Plaintiff regarding this alleged debt.

 

16. Admit Plaintiff does not have any account application signed by Defendant.

 

17. Admit that Plaintiff and Defendant have never signed a contract, or exchanged consideration, monetary or otherwise, creating an agreement between both parties.

 

18. Admit that Plaintiff is unable to provide admissible evidence to support the Suit on Contract, Money Had and Received, and Account Stated claims as stated in Plaintiff’s Petition.

 

 

I used another persons, forgot his name, template for this but redid some of it to make it fit my case. I know from research according to rule 56.01 they have 30 days to respond to this but I forget the stipulation if they don't respond...

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