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starlily1

Please help with Request for Admissions

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These are tricky and I don't want slip up.

1. Admit that you applied for a credit card from OC now bearing the #xxxx

2. Admit that you received a credit card from OC now bearing the #xxxx

3. Admit that you made payments on credit card now bearing #xxxx within the last four years.

4. Admit that you became delinquent in payments due on account now bearing #xxxx.

5. Admit that you left a balance due and owing on OC credit card now bearing #xxxx

6.Admit that you received statements regarding OC credit card now bearing #xxxx

7. Admit that the balance due and owed by you on OC credit card now bearing # xxxx as of (date) was $xxxx.xx.

8 Admit that at all relevant times, Plaintiff has had and now has all rights, title, interest and sole ownership to OC creditcard now bearing #xxxx

Any help is much appreciated. Thank you

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The phrase "now bearing the #xxxx" suggests the account number now assigned to the alleged debt is not the "original" account number. Is that the case?

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Hi Nascar, thanks for replying. I honestly don't remember the account number. According to the copies of statements they sent me

that is the acct#. It's a Unifund lawsuit, breach of contract and common counts. How should I proceed?

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Answer them all with 

 

Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment.

 

Then request a Bill of Particulars from them. Did they send you any affidavits?   What all they they give you.

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It's difficult to answer questions like these without having the background on your case. That said, if you can't identify if the card was yours based on the evidence provided then you can object to the admissions. #8 is the easiest to answer, Objection, requires legal conclusion.

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There was nothing sent with the complaint. I requested a BOP and all they sent was copies of a year's worth of statements.

Also, they sent a Deposition subpoena for production of business records to oc. Due to some family issues I missed my chance to

Motion to quash. Am I screwed? What are the chances that OC still has records?

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You could do a motion to compel because they did not send you everything you asked for in your BOP. 

 

As far as answering your admissions, I would deny them using the line @shellieh98 gave you.  

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DENY everything, make them prove their case. You could state it like Shellieh point out "defendant is without knowledge sufficient to form a belief as to the truth of the matter and there fore DENIES the allegation". Then send them discovery; request for production of documents.

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Do I need proof of service or can I just mail CMRR?

I would send them with a proof of service (it's a good habit to get into) form POS-030 you can download it here WWW.courtinfo.ca.gov

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You could do a motion to compel because they did not send you everything you asked for in your BOP. 

 

As far as answering your admissions, I would deny them using the line @shellieh98 gave you.  

If I file a motion to compel (same attorney, same JDB as OP), I am asking the court to compel the Plaintiff to provide all documents asked for in the BOP, including the Bill of Sale, correct?  If they cannot answer/provide, it is inadmissible, correct?  What would I file after that point?  Motion to strike for lack of standing?

 

Thanks!

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1. Admit that you applied for a credit card from OC now bearing the #xxxx

 

 

Read Nascar's post i(#2).  The significant words are "now bearing".  If they didn't provide the original account number, how do you know that the account "now bearing" the number xxxx is the same account?

 

In the complaint, did they reference the original account number and then note that the original account is now another number?

 

Or, if they provided definitions for their requests, did they reference an original account number or current account number?

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Hi BV80, sorry I'm just now responding to you, I have only recently seen this and I didn't get an email notification, and just been generally busy. Just for clarification, in the complaint only the last four #s were used. There was no acct# used in the definitions.

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If I file a motion to compel (same attorney, same JDB as OP), I am asking the court to compel the Plaintiff to provide all documents asked for in the BOP, including the Bill of Sale, correct?  If they cannot answer/provide, it is inadmissible, correct?  What would I file after that point?  Motion to strike for lack of standing?

 

Thanks!

What you are really filing is a motion to preclude the giving of evidence or in the alternative to compel response to Bill of Particulars. Let that work. Filing motions to strike most likely will be denied pre trial as there is a preference for trial on the merits.

 

Better strategy is for moving trial to as soon as possible while giving you the 45 days to do pre trial matters.

Best strategy is request a jury trial the plaintiffs will not be able to withstand that.

 

Courts absolutely don't like dispositive(terminating) motions early in the case. a motion to strike does have it's uses but if you are trying to scare them, it won't because they know there is a high probability it will get denied and the caselaw points to a preference for trial or Summary Judgment when appropriate. If you get into a motions war you will end up paying lawyer fees for those eventually.

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Here is a sample of what I answered to plaintiff ,its tailored to you also since you did BOP . Hope it helps take a look at my thread I posted all questions with answers to plaintiffs requests .

DEFENDANTS RESPONSE TO PLAINTIFFS ADMISSIONS SET NO.1

Pursuant to Code of Civil Procedure Section 2033.210 et seq., defendant "name" (“Responding Party”) does hereby respond to the Request for Admissions, propounded by plaintiff, above-named, as follows:

Request for Admissions #1:

Admit that you applied for the account.

Response to Request for Admissions #1:

Defendant objects to plaintiff's use of the word "account" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based , original account application,credit disclosures,Including the dates of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge for each such item or transaction.Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account , and payments made thereto. Without such information, defendant is unable to provide the information sought in this admission Request. Without waiving the foregoing objection, Defendant responds as follows:

DENIED

Request for Admissions #2:

Admit that you used the ACCOUNT.

Response to Request for Admissions #2:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #3:

Admit that you recieved monthly billing statements from CITIBANK(SOUTH DAKOTA), N.A. or its predecessor in interest that related to the transactions made .

Response to Request for Admissions #3:

Defendant objects to plaintiff's use of the word "transactions made" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based, original account application,Credit disclosures, including the dates of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge for each such item or transaction. Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account, and payments made thereto. Without such information, defendant is unable to provide the information sought in this admission Request.Without waiving the foregoing objection, Defendant responds as follows: DENIED

Request for Admissions #4:

Admit that you made payments on the account .

Response to Request for Admissions #4:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #5:

Admit that you owed $xxxx.xx on the ACCOUNT at the time the complaint in this action was filed .

Response to Request for Admissions #5:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #6:

Admit you have not repaid the $xxxx.xx due on the ACCOUNT.

Response to Request for Admissions #6:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #7:

Admit that the date of your last payment on the ACCOUNT was December 14,2010.

Response to Request for Admissions #7:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #8:

Admit that you recieved the Notice of New Ownership and Pre-Legal Review from Plaintiff, Midland Funding LLC.

Response to Request for Admissions #8:

DENIED .That any alleged notice of new ownership was received by defendant for alleged account from Plaintiff, Midland Funding LLC.

Request for Admissions #9:

Admit that you did not dispute the ownership of the account by Plaintiff Midland Funding LLC.

Response to Request for Admissions #9:

DENIED .Defendant has already denied receipt of this notice and therefore this question is improper.

Request for Admissions #10:

Admit the Notice of New Ownership and Pre-Legal Review attached hereto as“Exihibit A” is a true and correct copy of the letter you recieved from Plaintiff Midland Funding LLC.

Response to Request for Admissions #10:

DENIED .Defendant has already denied receipt of this notice and therefore this question is improper therefore defendant is unable to admit this is true and correct copy.

Request for Admissions #11:

Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto as“Exihibit A” that you recieved from Plaintiff Midland Funding LLC.

Response to Request for Admissions #11:

DENIED .Defendant has already denied receipt of this notice and therefore this question is improper.

Response to Request for Admissions #12:

Admit that you owe Plaintiff Midland Funding LLC $XXXX.XX

Response to Request for Admissions #12:

DENIED Defendant owes Mildand Funding LLC nothing.

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