bambi

being sued, what's next?

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So, it's still ok to send out an admissions, even tho, I sent the docs request more than 30 days ago?  and how long would you give them time wise to respond?

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As long as discovery is still open you can send them after the RPOD. Most people do that anyway. They make them admit they don't have what they haven't given them or objected to.

 

30 days is standard (check your local rules). Add 5 days for mailing them. If they don't respond motion to deem them admitted. You'll have time so check your court rules while you're waiting. Some courts deem them automatically admitted if they don't respond.

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OK, thanks for the great info.  I'll get right on that, and then I'll probably post them, so you can critique my letter.  Should I still submit a motion for lack of docs, if I don't hear from them after this letter?

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OK, thanks for the great info.  I'll get right on that, and then I'll probably post them, so you can critique my letter.  Should I still submit a motion for lack of docs, if I don't hear from them after this letter?

 

Yes, you should. You need to flush out whatever evidence they have to prepare for trial.

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OK, I'll correct my earlier version and have that ready to go.  Thanks all, and I'll start looking into motions, court rules and a letter of admission.

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Meet and confer letter is all sent.  Now onto admissions.  Here is a rough draft of my admissions.  If someone could look them over and give some insight, I would really appreciate that.  

 

 

  1.  Admit that you are the legal owner of the alleged debt.
  2. Admit that FIA Card Services has no direct knowledge of this account that is in dispute and that no employee or agent of FIA Card Services directly requested any employee or agent of xxxxxxxxxx to initiate any legal action against Defendant.
  3. Admit that you do not have a written agreement or contract, signed by Defendant, between the Defendant and the Original Creditor
  4. Admit that you have no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.
  5. Admit that you are unable to provide a complete accounting for the amount you are claiming.
  6. Admit that you have not provided Defendant with proof of assignment.
  7. Admit that there is no written agreement between you and Defendant
  8. Admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

 

I know it's the holiday weekend, so I don't expect anyone to take a look and respond until next week.  Thanks for all the help, this is a great resource.

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 Admit that you are the legal owner of the alleged debt

 

 

I think you want it to say "Admit that you are NOT the legal owner of the alleged debt.

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All I read is #1 and there is an important fact about admissions you need to get.

 

You want the answer to all admissions to be ADMIT. Why? If the plaintiff does not respond and ignores them you get to motion to have them deemed admitted. YAY! In some courts it is done automatically. Missed the 30 days? All admissions are deemed admitted.

 

So what's wrong?  Looking at #1, let's assume they ignore you. Into evidence goes them admitting to #1. They own the debt. What? Oh ****!

 

Now let's assume #1 says, "Admit that you are not the legal owner of the debt that is the subject of this lawsuit."

 

They miss it and it gets deemed admitted. Let's see them try to win a case where they legally admitted they do not own the debt.

 

With every admission, assume they ignore and it gets deemed admitted.

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whew. . . . .that's exactly what I need to hear.  OK, I'll fix # 1, do the rest look ok?

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OK, thanks for the great info.  I'll get right on that, and then I'll probably post them, so you can critique my letter.  Should I still submit a motion for lack of docs, if I don't hear from them after this letter?

There is no such thing as a "motion for lack of docs". After you send them a M&C letter telling them to produce the docs you requested in 10 days or you will file a "motion to compel discovery", and if they still do not respond; then you file the motion to compel discovery, which is asking the court to force them to produce the docs (or to respond to your discovery request).

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I mis-spoke myself there. Actually in my M&C letter, I did put motion to compel discovery.

I did correct # 1 in my requests for admissions. I would like to send them out in the next day or so, so if anyone has any other corrections or suggestions, let me know. Do I give them 30 days to reply? And do I have to put instructions in there again? Should I send it out CMRRR?

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I mis-spoke myself there. Actually in my M&C letter, I did put motion to compel discovery.

I did correct # 1 in my requests for admissions. I would like to send them out in the next day or so, so if anyone has any other corrections or suggestions, let me know. Do I give them 30 days to reply? And do I have to put instructions in there again? Should I send it out CMRRR?

Send it CMRRR. You give them the amount of time the statute allows; I think BMC100 or someone said 28 days (you need to check your court rules and rules of procedure) It will also say whether or not you have to put instructions.

Regardless of what you put in it they are going to object anyway. I think my focus would be more on the request for production of documents, what happened there and what you are going to do about it.

Most of your RFA's would be answered by a proper response to your RFPOD's anyway, and you are probably close to a time where you can motion the court to compel the RFPOD's.

Just my opinion, I suppose you could do both if you wanted. To answer your question: If you fixed RFA # 1; then the rest look good enough for what you are trying to do with them. But IMO RFA's are mostly used to question evidence that you finally receive from them in response to your RFPOD's which should be the focus of discovery.

GOOD LUCK, Hope this helps.

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Great info. It helps immensely. Thank you so much. I will send that out ASAP, and I sent a M&C letter on the 5th of July, so I will start getting ready a motion to compel discovery. It's sounds very scary to me, and I really feel inadequate about filing a motion. But I'm this far along, I'll just keep on keeping on with the help of all of you. Thanks again for your helpful post.

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If it makes you feel better, it is my firm belief that filing the motion in and of itself gets the plaintiff thinking about how hard they really want to fight. They have templates out the wazoo for filing motions. Responding takes time.

 

Plus, when you file a motion, if it is heard in court (sometimes the judge rules on the pleadings alone and no oral arguments are heard), you control the tempo as it is your motion. You are the moving party. 

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Thanks for the encouragement.  As I have done in the past, I will depend on you great people to help me walk thru it.  

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OK, I just got an interesting letter in the mail today from the attorney who is suing me. It is the standard letter saying the account has been turned over to them for collection, etc, etc. it then says if I do not respond in 30 days and dispute this debt, the debt will then be validated .

The letter is dated 11/12/12, and it was post marked 7/11/13. Soooooo, I'm guessing they forgot to send this out initially before filing the suit. I don't ever remember getting one, because I always respond and ask for proof, etc of the debt. I did put in an earlier post, that I didn't remember getting one.

At this stage, the suit has been filed, interrogatories sent, and a M&C letter has been sent. 7/16 will be 10 days since the M&C is due, and I was getting ready to start drafting up a motion to compel discovery. Of course I have heard NOTHING from them, until today when I got this letter.

What do you think? I will of course respond (yes?) requesting validation of the debt, but isn't this a little out of order and unusual?

Any thoughts on where to go from here?

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Tues. will be 10 days since they signed for the M&C letter.  Does the correspondence I received (see post above) have anything to do with filing a motion now?  Technically they didn't produce any of the requested docs.

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I believe that the above letter you recently received was either a mistake or it's an attempt to convince the court that they have contacted you prior to filing suit.

I don't think it has any bearing on your motion to compel.

Make sure that you keep the envelope that the letter came in to show the date the letter was sent.

 

I don't know what you mean by 'Technically they didn't produce any of the requested docs'.

They haven't answered your meet and confer?

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Nooooooo, this has been my only correspondence from them since they sent me the interrogatories back in early May.  But you do think I should still answer this letter?  To me it looks like poor organization and incompetence on their part.  

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I didn't say anything about answering this letter ......... I wouldn't .........  and if it is an attempt to convince the court that they have contacted you prior to filing suit, it fails due to the mailing date on the envelope I suggested you save.

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So in other words, you don't think I should respond with a standard letter asking them for proof that it is my debt?  That won't be a strike against me in court?  

 

Is there any type of negligence because they never sent it before filing a law suit, and allowing me to dispute that it was my debt?  Anything that I can use against them in court?

 

Sorry to be so dippy on this, but this has kinda thrown me for a loop and I feel like it may be a real weapon for me to use.

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If you want to avoid any imagined repercussions you could send a DV letter.......... you won't get a response.

There is no negligence as plaintiff is not required to 'allow' you to dispute.

 

Why do you feel that this letter is a weapon?

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I don't really know I guess. I don't know the laws in Mi very well, but I was under the impression that they needed to send you a letter to give you a chance to dispute the validity of the debt before they could sue you. So I feel that because I never got a letter (until now), that the court case is compromised. And now I think it looks really cheesy for them to send the letter out now, which they obviously missed earlier.

Yes I guess I should send out a DV letter just cover my rear end. I am also sending out my request for admissions letter tmw. I'll wait a bit to send out a DV letter.

I know my DV letter won't result in anything (or my admissions letter for that matter), as they never do, but I'll play along. I guess I was just hoping this might be something that is fraudulent or not following the statutes properly. Just wishing and hoping, and hoping and wishing. . . . . . .

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OK, this is a really dumb question.  Do I sign the paper I'm sending out for RFA?  I know I sign the letter I'm sending along with it, but do I actually sign the paper with the RFA?

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