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Update: I won in Arkansas.


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Got a note from a law firm wanting to help me with bankruptcy and was informed I am also being sued by Cavalry.

 

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.)
Allen & Withrow

 

3. How much are you being sued for?

$3500 +

 

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

Bank of America/Fia Card account

 

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

Another law firm sent me a letter wanting to help me with bankruptcy filing.

 

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

Picked up at court house.

 

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?

No correspondence.

 

9. What state and county do you live in?

Arkansas

 

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

statute of limitations)

June or July of 2008

 

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

3 years in Deleware is to be used if I'm right about borrowing and choice of law.

 

12. What is the status of your case? Suit served? Motions filed?

I just recieved the paperwork.

 

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

No

 

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.

No correspondence.

 

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?

        30 days

 

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 and nothing else.

 

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The affidavit of claim doesn't have "exhibit A" on it like the one for me wife did.

 

I, Giovanni Rodriguez, being duly sworn on oath, depose and say:

 

1. I am an agent and duly authorized representative for Plaintiff and am competent to testify to the matters set forth herein.

2. I am acting in the capacity of Legal Administrator for my employer Cavalry Portfolio Service LLC, a Delaware limited liability company. Cavalry Portfolio Services, LLC performs recovery services for its affiliate, Cavalry SPV I, LLC. In performing recovery services for Cavalry SPV I, LLC, I am familiar with and have access to the books and records of Cavalry SPV I, LLC and of Cavalry Portfolio Services, LLC.

3. That the defendant, xxxx xxxx, the account holder(s), opened an account with Bank of America/FIA Card Services, N.A. on xx/xx/xxxx, which account became delinquent and was charged off on xx/xx/09(the "Account").

4. As of xx/xx/xxxx, the balance due and owing by the account holder(s) on the account was $xxxxx, which balance is comprised of $xxxxx of principal balance and $xxxxx of other charges. The principal balance continues to accrue interest at a rate of 24.99%. The account holder(s) have been credited for all payments, set-offs or other credits due.

5. That the Account was purchased by Cavalry SPV I, LLC on or about 2011.

6. In the normal course of business, Cavalry Portfolio Services, LLC maintains computerized account records for account holders. Cavalry Portfolio Services, LLC maintains such records in the ordinary and routine course of business and is charged with the duty to accurately record and business act, condition or event onto the computer record maintained for the accounts, with the entries made at or very near the time of any such occurrence. I have reviewed the applicable computer records as it relates to the Account, and I make this Affidavit based upon information from that review, and if called as a witness, I could testify to the matters set forth herein based on that review.

7. In connection with the purchase of the account, Bank of America/FIA Card Services, N.A. transferred copies of its electronics business records to Cavalry SPV I, LLC, which records were loaded into the computer system of Cavalry Portfolio Services, LLC and which are maintained in an electronic format.

8. Upon information and belief, no Defendant is an infant or incompetent or an active member of the United States Armed Forces who would be entitled to stay relief.

9. Under oath, I am authorized to make this affidavit for Plaintiff and i am informed and believe the above statements are true and correct.

 

 

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If my understanding is correct. Arkansas has a borrowing statute and the contract has a choice of law listing Delaware which has a 3 year statute of limitations on written contracts and 4 on open accounts. Both of these SOL have been passed.

 

Also this site State board of Collection Agencies does not list Cavalry SPV I, LLC, but does list Cavalry Portfolio Services LLC,.

http://www.asbca.org/collect_search/index.php

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After looking through the cardholder agreement library, I've noticed that the 2004 (alleged opening of account) agreement has Arizona listed as choice of law while the 2008 (alleged default point) has Delaware listed. Do I simply state SOL as an affirmative defense and make them prove me wrong or do I counterclaim?

 

Does anyone know what the SOL in Arizona was in 2004?

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Hi Mantis, I just want to interject again to my fellow Arkansan that if you send them the 'Request for Production of Documents,' it's MY opinion the case(s) will be dropped.

 

I have found that in almost every JDB case I have seen in Arkansas at least, that much of the time, the alleged debt will have been sold to Cavalry, Midland, or whomever by a bank or other OC that refuses to make “any representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever” about the accuracy or completeness of the debts’ records.

 

That's why JDBs cannot dismiss their cases fast enough when they get a very nominal request for documents that simply do NOT exist.  IMO, they will tuck tail and run.

 

I'm not a fan of affirmative defenses, but go ahead and cite SOL.  Remember, you don't have to show SOL makes it too late for them -- it's their case to prove it IS within the SOL.  They came after YOU -- make them show what they have!

 

Good luck!

 

-J

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I'm thinking of using A.R.C.P. 10(d)

(d) Required Exhibits. A copy of any written instrument or dcument which a claim or defense is based on shall be attached as an exhibit to the pleading in which such a claim or defense is averred unless good cause is shown for its absence in such pleading.

 

They did not attach a copy of the alleged cardholder agreement. I'm not sure if the fact that "Exhibit" is not on there afidavit means that it also is not considered attached.

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I'm thinking of using A.R.C.P. 10(d)

(d) Required Exhibits. A copy of any written instrument or dcument which a claim or defense is based on shall be attached as an exhibit to the pleading in which such a claim or defense is averred unless good cause is shown for its absence in such pleading.

 

They did not attach a copy of the alleged cardholder agreement. I'm not sure if the fact that "Exhibit" is not on there afidavit means that it also is not considered attached.

 

Using 'Rule 10(d)' for what?  Affirmative Defense?  The judge has broad discretion with this rule -- making it encumbent on YOU to detail the "good cause," why the judge should not let plaintiff 'fix' a mistake (if it even IS a mistake).  What I'm saying is -- it's irrelevent hearsay in the first place.  As this moves forward, a technicality like this is not going to win or lose the case(s), imo.

 

Mantis, you have plenty of time to destroy their HEARSAY through the 'discovery' process.  Plaintiff needs to bring a lot more to the table to prove its case.  I keep harping on the 'Request for Production of Documents' -- their answer (or non-answer) to this will let you know all they have against you.  In my cases, I also sent them 'Request for Admissions' with 50+ 'admit/deny' statements -- many aimed at the "Jane Doe" affidavit.  Some states limit the number of Admissions that can be sent.  In Ark, 50+ is fine.

 

My bet is they dismiss the case(s) when they get the 'RPD' because they have nothing -- affidavit, cc statement, unsigned cc agreement -- it's not enough.  But, IF they provide partial info and/or object to any of your request, THEN it's time to load both barrels.  There are a lot of smart minds on this forum that will help.  I won't see a fellow statesman and river valley neighbor be bothered by these JDB LOSERS!

 

JDB ::BigGun::

-J

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Yes, Jimmy. We submitted for my wife's today. This one is separate and for me. My only thought is that anything that is from our past is guaranteed to be time barred as of July of this year as we have had absolutely no credit of any kind since 2008.  The only knowledge I have is from looking at examples of cases posted on the court docket site and this site. There were two that dismissed because there was no credit card agreement posted on the original complaint. I have already drafted the request for documents for both from the examples posted and am prepped to send them. I just didn't want to lose the chance for a quick dismissal because I didn't bring up an error early enough. After reading through the Civil Code it looks like I don't have to worry as 12.3.B.6 "(6) failure to state facts upon which relief can be granted" is not lost if not stated in the Answer.

 

I will file my Answer tomorrow.

 

Do you know if I need to wait for that to be recieved or can I file the Discovery at the same time.

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Yes, Jimmy. We submitted for my wife's today. This one is separate and for me. My only thought is that anything that is from our past is guaranteed to be time barred as of July of this year as we have had absolutely no credit of any kind since 2008.  The only knowledge I have is from looking at examples of cases posted on the court docket site and this site. There were two that dismissed because there was no credit card agreement posted on the original complaint. I have already drafted the request for documents for both from the examples posted and am prepped to send them. I just didn't want to lose the chance for a quick dismissal because I didn't bring up an error early enough. After reading through the Civil Code it looks like I don't have to worry as 12.3.B.6 "(6) failure to state facts upon which relief can be granted" is not lost if not stated in the Answer.

 

I will file my Answer tomorrow.

 

Do you know if I need to wait for that to be recieved or can I file the Discovery at the same time.

 

Mantis, the example cases on the court site are likely 'Circuit' cases -- difference being amount sought.  Under $5k remains in 'District' court, like your case(s) -- which is really 'small claims.'  That's why in Arkansas, if you lose, you can appeal 'de novo' for any reason whatsoever -- as if the case was never tried.  Then it all begins again.....

 

To answer your specific question, 'discovery' can begin as soon as you received the complaint.  They will receive your answer and likely send you some 'stock' admissions for you to 'admit/deny.'  But, by all means, BEGIN discovery now.  Send the same 'RPD' to both cases, if they are both 'credit-type' cases.

 

I don't know the specifics of the 'separate' case you mention, but if it is similar to your wife's case, then "discover" in the same way -- especially since it's different attorneys.

 

If your case is dramatically different than your wife's, it might be a good idea to start a new thread on the forum -- giving the 'generic' info about it.  I'm glad to offer further opinion if you want to PM me the details.  It looks like in both cases, Little Rock attorneys are involved.  They certainly don't want to drive 100 miles to lose a case.  So continue the 'discovery' to let them know you are not going to back down.

 

-J

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  • 4 weeks later...

After nearly a month I've received no response to my Discovery requests and no Plaintiff request for admissions (checked with court just to be sure). My scheduled court date is within a month (+/- X days) so at this time I'm thinking of going ahead and send a Request for Admissions of my own as well as a letter reminding the Attorney that they have X days left to respond to Discovery (In separate letters). I didn't realize there was no need to file Document request with the court so I did when I sent mine off.

 

Any input on prepping a Motion to Preclude, strike, or limine for the hearsay Affidavit?

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Just posting this incase someone else tries to find information on Arkansas.

 

Rule 37. Failure to Make Discovery; Sanctions.

Meet and Confer requirements.

 

Rule 6. Time.

Amount of days to give them to respond if you mail a Request looks to be 3 days.

 

RULE 37(2)

Motion. If a deponent fails to answer a question propounded or submitted under Rules 30 or 31, or a corporation or other entity fails to make a designation under Rule 30(B)(6) or 31(a), or a party fails to answer an interrogatory submitted under Rule 33, or if a party, in response to a request for inspection submitted under Rule 34, fails to respond that inspection will be permitted as requested, or fails to permit inspection as requested, or if a party, in response to a request under Rule 35©, fails to provide an appropriate medical authorization, the discovering party may move for an order compelling an answer, or a designation, or an order compelling inspection in accordance with the request. The motion shall include a statement that the movant has in good faith conferred or attempted to confer with the person or party failing to make the discovery in an effort to secure the information or material without court action. When taking a deposition on oral examination, the proponent of the question may complete or adjourn the examination before he applies for an order.

 

 

 

Rule 6(d)

(d) Additional Time After Service by Mail or Commercial Delivery Company. Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, commercial delivery company, or electronic transmission, including e-mail pursuant to Rule 5(B)(2), three (3) days shall be added to the prescribed period. Provided, however, that this subdivision shall not extend the time in which the defendant must file an answer or pre-answer motion when service of the summons and complaint is by mail or commercial delivery company in accordance with Rule 4.

 

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@Mantis Knight

 

The rule you quoted is for a motion to compel discovery if they don't respond to your requests.  If you file such a motion, the 3 days is additional time for the other party to respond if they are served the motion by mail.

 

According to your rules, they have 30 days to answer your requests.

 

Rule 34 - Production of documents

 

34(b)(2)

 

(2) The party upon whom the request has been served shall serve a written response within 30 days after the service of the request...

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I would send a meet and confer letter to the law firm.

Plaintiff’s response was wholly inadequate or not at all and if this discovery is not answered you will have to file a motion to compel and defendant will ask that the Court enter an order precluding plaintiff from offering any such evidence at the trial.

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Alright got response to discovery, Request for admissions, Request for documents, and Request for interrogatories.

Plaintiff's Response

1. The original signed application establishing the alleged account.

    RESPONSE 01: If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

 

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

    RESPONSE 02: Objection, overly broad and unduly burdensome. The Defendant and the third-party merchants the Defendant chose to transact business should be in possession of any charge slips, not the Plaintiff.

 

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

    RESPONSE 03 : If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

 

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

    RESPONSE 04: Please see attached. If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

Only attachment I see in reference to this is two statements from 09.

 

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

    RESPONSE 05: If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

 

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

    RESPONSE 06: Please see attached.

The attached looks like a txt file printed that has original last pay day, initial balance, creditor, date of sell to jdb.

 

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

    RESPONSE 07: If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

 

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

    RESPONSE 08: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

9. Any canceled checks or copies of calceled checks, or other verified payments on the alleged account Plaintiff intends to introduce as evidence at trail.

    RESPONSE 09: If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

 

10. Proof of mailing monthly statements.

    RESPONSE 10: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

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

    RESPONSE 11: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

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

    RESPONSE 12: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

13. A complete copy of the agreements that constitute the chain of title for the alleged account at issue in this lawsuit starting with the agreement between the originator of the account and its assignee and including each agreement between an assignee of the account and another assignee of the account and/or CAVALRY SPV I, LLC. this is a request for the entire agreement, not just the bill of sale or exhibit to an agreement and includes master or "flow" agreements whose terms relate in any way to or are incorporated by an agreement transferring rights to the account at issue in this lawsuit. In order to protect the privacy of other debtors whose accounts may be included in such agreements, CAVALRY I, LLC may redact or otherwise omit information identifying any debtor other than the defendant.

    RESPONSE 13: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

14. All documents and tangible things CAVALRY I, LLC received from any assignee or assignor in connection with the account that is the subject of this lawsuit.

    RESPONSE 14: Please see attached.

I'm not sure what the attachment referenced is, unless it means the 3 documents already mentioned in previous responses.

 

15. All documents containing any warranties or representations made by the originator or any assignee of the account at issue in this lawsuit to Cavalry I, LLC or any other assignee of the account.

    RESPONSE 15: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

"no number mistake" Letters(s) sent to defendant by Plaintiff and/or Plaintiff's attorney, demonstrating an attempt to collect on the alleged debt.

    RESPONSE 16: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

16. Any 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).

    RESPONSE 17: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

17. Any credit report(s) Plaintiff and/or Plaintiff's attorney obtained from any credit reporting agency concerning the defendant.

    RESPONSE 18: Objection, overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidence.

 

18. Copies of all reports and documents utilized by an expert which Plaintiff proposes to call at trial, including the name, address, and job title as well as what they will be testifying about.

    RESPONSE 19: Plaintiff does not plan to call any expert witnesses to appear at the trial of this matter.

 

19. All material intended to be used at trial that have not already been produced.

    RESPONSE 20: Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

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"Bill of Sale and Assignments of Loans"

The undersigned Assignor ("Assignor") on and as of the date hereof hereby absolutely sells, transfers, assigns, sets-over, quitclaims and conveys to Cavalry SPV I, LLC a limited liability company organized under the laws of Delaware ("Assignee") without recourse and without representations or warranties of any type, kind, character or nature, express or implied, subject to Buyer's repurchase rights as set forth in Sections 8.1 and 8.2, all of Assignor's right, title and interest in and to each of the loans identified in the loan schedule ("Loan Schedule") attached hereto (the "Loans"), together with the right to all principal, interest or other proceeds of any kind with respect to the Loans remaining due and owing as of the Cut-Off Date applicable to such Loans as set forth in the Loan Sale Agreement pursuant to which the Loans are being sold (including but not limited to proceeds derived from the conversation, voluntary or involuntary, of any of the Loans into cash or other liquidated property).

 

Dated: July 21, 2011.

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Plaintiff Request for Admissions

1. Admit Defendant is a resident xxxx

2. Admit the Defendant purchased certain items and charged same on the charge account which is the subject of this lawsuit

3. Admit that the amount past due on said account, which has not been paid, and has been owed by Defendant for a period of time is $xxxxx.

4. Admit that the monthly statements/bills in regard to this account were sent to and recieved by Defendant

5. Admit that the Defendant never notified Plaintiff or the original creditor in writing of any dispute in regard to this account (balance)

6. Admit that the Defendant never notified Plaintiff or the original creditor in writing of any complaints or requests to stop credit on this account

7. Admit that Defendant has no documentation indicating the balance of this account to be less than $xxxx

8. Admit that Defentant is indebted to Plaintiff in the amount of $xxxx

The amounts in 7 and 8 are not the amount listed in the complaint as the judgment prayed for by Plaintiff.

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Interrogatories.

1. Did Defendant sign the application for this account?

2. Was the Defendant aware of the existence of this debt?

3. Did Defendant, or anyone on behalf of Defendant, ever notify Plaintiff or the original creditor in writing of any complaints or requests to cancel this account?

4. Did Defendant receive one (1) or more monthly statements/bills related to this account? If so, did Defendant notify Plaintiff or the original creditor in writing within sixty (60) days of receipt of such statements/bills that Defendant objected to the statement?

5. Does Defendant Admit any liability to Plaintiff for any amount?

6. In reference to Interrogatory No. 5, if Defendant responded in the affirmative, please state the amount Defendant alleges is owed by Defendant to Plaintiff

7. If the amount admitted is less than that sought in Plaintiff's Complaint, please set out in detail the basis for the discrepancy between the two numbers.

8. Please state the name, address, and telephone number of each witness who will be called to testify on behalf of Defendant at the trail of this matter.

9. Please briefly outline the testimony of each witness named.

10. Please list all documents Defendant intends to introduce at the trial of this matter.

11. In regard to Plaintiff's Request for Admissions to Defendant, if any of the responses by Defendant is anything other than an unqualified admission, please explain such response in detail, and identify or furnish copies of any documentation which would tend to support any such response(s) of and from Defendant.

12. Please state your current address.

13. Please state how long you have lived at that address.

14. Please state the name of your current employer.

15. Will you treat these Interrogatories as continuing in nature?

 

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Plaintiff request for Documents

1. In reference to Interrogatory No. 3, if Defendant responded in the affirmative, please provide Plaintiff with copy of Defendant's correspondence to Plaintiff

2. In reference to Interrogatory No. 4, if Defendant responded in the affirmative, please provide Plaintiff with copy of the objection

3. In reference to Interrogatory No. 10, please provide Plaintiff with a copy of each document named.

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If available, Plaintiff will supplement its response to this request in accordance with Rule 26 of the Arkansas Rules of Civil Procedure.

After review of Rule 26, I can't see how this is an acceptable answer.

Rule 26(e) holds

(e) Supplementation of Responses. (1) A party is under a duty seasonably to amend a prior response to an interrogatory, request for production, or request for admission if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. This duty includes, but is not limited to, supplying supplemental information about the identity and location of persons having knowledge of discoverable matters, the identity and location of each person expected to be called as a witness at trial, and the subject matter and substance of any expert witness's testimony.

If that is what they are referencing, it looks to me like they are to supplement if "the party learns that the response is in some material respect incomplete" not just "if we find it".

To me it looks like these answers fall under 37(3)

(3) Evasive or Incomplete Answer or Response. For purposes of this subdivision, an evasive or incomplete answer or response is to be treated as a failure to answer or respond.

 

Is this something I should send the lawyer a letter saying the response is incomplete and if they do not fix that I will Motion to Compel or should I just move on to Request for Admissions asking them to admit they do not have said documents?

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My planned Response to Request for Admissions.

DEFENDANT'S RESPONSE TO PLAINTIFF'S

REQUEST FOR ADMISSIONS

Comes the Defendant, Mantis Knight, Pro-Se, and for his Response States:

 

REQUEST FOR ADMISSIONS

 

REQUEST FOR ADMISSION NO. 1: Admit that Defendant is a resident of Pope, County Arkansas;

RESPONSE TO REQUEST NO. 1: Admit.

 

REQUEST FOR ADMISSION NO. 2: Admit that Defendant purchased certain items and charged same on the charge account which is the subject of this lawsuit;

RESPONSE TO REQUEST NO 2: Deny

 

REQUEST FOR ADMISSION NO. 3: Admit that the amount past due on said account, which has not been paid, and has been owed by Defendant for a period of time is $8,318.81;

RESPONSE TO REQUEST NO. 3: Deny

 

REQUEST FOR ADMISSION NO. 4: Admit that the monthly statements/bills in regard to this account were sent to and received by Defendant;

RESPONSE TO REQUEST NO. 4: Deny

 

REQUEST FOR ADMISSION NO. 5: Admit that the Defendant never notified Plaintiff or the original creditor in writing of any dispute in regard to this account (balance);

RESPONSE TO REQUEST NO. 5: Defendant admits that he did not send a written dispute in regard to this account, but denies that he was required to do so because he denies that he owes any responsibility on the account at issue.

 

REQUEST FOR ADMISSION NO. 6: Admit that the Defendant never notified Plaintiff or the original creditor in writing of any complaints or requests to stop credit on this account;

RESPONSE TO REQUEST NO. 6: Defendant admits that he did not send a written complaint in regard to this account, but denies that he was required to do so because he denies that he owes any responsibility on the account at issue.

 

REQUEST FOR ADMISSION NO. 7: Admit that Defendant has no documentation indicating the balance of this account to be less than $8,318.81;

RESPONSE TO REQUEST NO. 7: Admit.

 

REQUEST FOR ADMISSION NO. 8: Admit that Defendant is indebted to Plaintiff in the amount of $8,318.81

RESPONSE TO REQUEST NO. 8: Deny.

 

My planned response to Request for Interrogatories and Documents.

Response to Interrogatories and Requests for Production of Documents

Comes the Defendant, Mantis Knight, Pro-Se, and hereby responds to Plaintiff's Interrogatories and Requests for Production of Documents as follows:

INTERROGATORY NO. 1: Did the Defendant sign the application for this account?

RESPONSE TO INTERROGATORY NO. 1: No.

 

INTERROGATORY NO. 2: Was the Defendant aware of the existence of this debt?

RESPONSE TO INTERROGATORY NO. 2: No.

 

INTERROGATORY NO. 3: Did Defendant, or anyone on behalf of Defendant, ever notify Plaintiff or the original creditor in writing of any complaints or requests to cancel this account?

RESPONSE TO INTERROGATORY NO. 3: No.

 

REQUEST FOR PRODUCTION NO. 1: In reference to Interrogatory No. 3, if Defendant responded in the affirmative, please provide Plaintiff with a copy of Defendant's correspondence to Plaintiff.

RESPONSE TO REQUEST FOR PRODUCTION NO. 1: Defendant did not respond in the affirmative and has no document(s) to provide.

 

INTERROGATORY NO. 4: Did Defendant receive one (1) or more monthly statements/bills related to this account? If so, did Defendant notify Plaintiff or the original creditor in writing within sixty (60) days of receipt of such statements/bills that Defendant objected to the statement?

RESPONSE TO INTERROGATORY NO. 4: No.

 

REQUEST FOR PRODUCTION NO. 2: In reference to Interrogatory No. 4, if Defendant responded in the affirmative, please provide Plaintiff with a copy of the objection.

RESPONSE TO REQUEST FOR PRODUCTION NO. 2: Defendant did not respond in the affirmative and has no document(1) to provide.

 

INTERROGATORY NO. 5: Does Defendant Admit any liability to Plaintiff for any amount?

RESPONSE TO INTERROGATORY NO. 5: No.

 

INTERROGATORY NO. 6: In reference to Interrogatory No. 5, if Defendant responded in the affirmative, please state the amount Defendant alleges is owed by Defendant to Plaintiff.

RESPONSE TO INTERROGATORY NO. 6: Defendant did not respond in the affirmative and no answer is required.

 

INTERROGATORY NO. 7: If the amount admitted is less than that sought in Plaintiff's Complaint, please set out in detail the basis for the discrepancy between the two numbers.

RESPONSE TO INTERROGATORY NO. 7: No answer required based on answer to Interrogatory No. 5 and No. 6.

 

INTERROGATORY NO. 8: Please state the name, address and telephone number of each witness who will be called to testify on behalf of Defendant at the trail of this matter.

RESPONSE TO INTERROGATORY NO. 8: Defendant does not plan to call any witnesses, but will supplement this answer should any witnesses become available.

 

INTERROGATORY NO. 9: Please briefly outline the testimony of each witness named.

RESPONSE TO INTERROGATORY NO. 9: Defendant does not plan to call any witnesses, but will supplement this answer should any witnesses become available.

 

INTERROGATORY NO. 10: Please list all documents Defendant intends to introduce at the trail of this matter.

RESPONSE TO INTERROGATORY NO. 10: Defendant at this time has no documents to introduce at the trial of this matter, but will supplement this answer should any documents become available.

 

REQUEST FOR PRODUCTION NO. 3: In reference to Interrogatory No. 10, please provide Plaintiff with a copy of each document named.

RESPONSE TO REQUEST FOR PRODUCTION NO. 3: Defendant does not have any of the documents requested, but will supplement this answer if such documents become available.

 

INTERROGATORY NO. 11: In regard to Plaintiff's Request for Admissions to Defendant, if any of the responses by Defendant is anything other than an unqualified admission, please explain such response in detail, and identify or furnish copies of any documents which would tend to support any such response(s) of and from Defendant.

RESPONSE TO INTERROGATORY NO. 11: Defendant will follow the Rules of Civil Procedure outlined in our fair state's statues with applicable instructions for answering Plaintiff's request.

 

INTERROGATORY NO. 12: Please state your current address.

RESPONSE TO INTERROGATORY NO. 12: Current address given as they already know it.

 

INTERROGATORY NO. 13: Please state how long you have lived at that address.

RESPONSE TO INTERROGATORY NO. 13: Objection; irrelevant, not likely to lead to the discovery of any evidence that can be used by the Plaintiff.

 

INTERROGATORY NO. 14: Please state the name of your current employer.

RESPONSE TO INTERROGATORY NO. 14: Objection; irrelevant, not likely to lead to the discovery of any evidence that can be used by the Plaintiff.

 

INTERROGATORY NO. 15: Will you treat these Interrogatories as continuing in nature?

RESPONSE TO INTERROGATORY NO. 15: Defendant will follow the Rules of Civil Procedure outlined in our fair state's statutes with applicable instructions for answering Plaintiff's requests.

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REQUEST FOR ADMISSION NO. 5: Admit that the Defendant never notified Plaintiff or the original creditor in writing of any dispute in regard to this account (balance);

RESPONSE TO REQUEST NO. 5: Defendant admits that he did not send a written dispute in regard to this account, but denies that he was required to do so because he denies that he owes any responsibility on the account at issue.

 

REQUEST FOR ADMISSION NO. 6: Admit that the Defendant never notified Plaintiff or the original creditor in writing of any complaints or requests to stop credit on this account;

RESPONSE TO REQUEST NO. 6: Defendant admits that he did not send a written complaint in regard to this account, but denies that he was required to do so because he denies that he owes any responsibility on the account at issue.

 

 

I suggest changing both of these to: Objection, Defendant has denied knowledge of the account and therefore this request is improper. Without waiving said objection, Defendant admits.

 

INTERROGATORY NO. 11: In regard to Plaintiff's Request for Admissions to Defendant, if any of the responses by Defendant is anything other than an unqualified admission, please explain such response in detail, and identify or furnish copies of any documents which would tend to support any such response(s) of and from Defendant.

RESPONSE TO INTERROGATORY NO. 11: Defendant will follow the Rules of Civil Procedure outlined in our fair state's statues with applicable instructions for answering Plaintiff's request.

 

 

Not a fan of using "our fair state", it sounds very informal.

 

Looks good to me otherwise.

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