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I need help Fighting Asset Acceptance


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Hello everyone, I am currently being sued by Asset Acceptance and I would like help fighting the case.

 

Plaintiff is Asset Acceptance

Plaintiff attorney is Fulton, Friedman & Gullace, LLP

The amount being sued for is $5602.03 Plus accrued Interest at the statutory rate from 8/ 16/2012

Original Creditor Is CitiBank

I was Served Papers on 5/23/13

Papers were sent to me Certified Mail 

Which is legal In my State

I live in Summit County Ohio

There was no correspondence with Asset before the suit was filed

I have No Idea when the last payment date was. I think somewhere in the 2007-2009 range but the card no longer appears on my credit report and I have NO records of the actual last payment

The SOL in Ohio is 8 years :(

I have responded to the Complaint with an answer and I just received my Court date Today.

The Discovery Deadline in June 20, 2013 

The Motion Deadline is Aug 15, 2013

Court date is in Sept

The Debt was disputed in 2010 by my Mortgage Broker 

There was NO evidence sent with the Summons just the following was included in the complaint:

 

                                                    Complaint 

Now Comes Plaintiff, Asset Acceptance LLC "asset" by it's Attorneys, and for its complaint against the above named Defendant ____________, states to this Honorable Court

As Fallows:

 

1. Asset is a Delaware LLC registered to do business in the state of Ohio and the defendant is subject to this court jurisdiction.

 

2. The defendant entered into an agreement for Credit Card with Citibank South Dakota NA/ Citi Bank account Number XXXXXXXXXXXXXXXXX.

 

3. Asset is now the holder of said account, purchasing the same, and entitled to all rights as owner thereof 

 

4. The agreement required periodic payments by the defendant which on this account defendant failed to make, and is in default

 

5. the amount owing is $_______ 00 plus accrued interest at the statutory rate from 8/20/12 plus the cost of action 

 

6. asset has notified the defendant of the above mentioned account and that the defendant has failed to pay for the same.

 

Wherefore plaintiff prays for judgement against the defendant for $_______00 plus accrued interest at the statutory rate from 8/20/12 and costs of this action.

 

 

 

I already got some help from other members on how to send my Answer to the complaint. Now I need help with Discovery. Any suggestions will be greatly appreciated.

 

 

 

 

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Since they sent no evidence with the complaint, I would say that Production of Documents would be your first step in discovery. The standard list that get thrown around here is:

 

1. The alleged credit application from Account Numbers ### bearing the defendant’s signature;

2. Any signed charge slips establishing use of the Account Number ###, signed by the defendant;

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

4. All documents evidencing the exact date of the alleged default;

5. A complete and legible copy of the applicable Cardmember Agreement disclosed by the Plaintiff that states interest rate, grace period, terms of repayment, and all of the amendments that were made to that agreement;

6. A contract, agreement, assignment, or other means demonstrating that Asset Acceptance had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number ###;

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

8. Proof of mailing of monthly statements on the Account Number to the Defendant;

9. Evidence of any payment on the account, by the defendant;

10. A complete copy of both of the Credit Card Account Purchase Agreements and Forward Flow Agreements that are referenced in the Plaintiff's Complaint and "Affidavit of Account".

 

11. A list of all witnesses the Plaintiff plans to introduce at trial.

 

12. Copies of all credit card billing statements allegedly created by OC for   Account #************ including, but not limited to, the first billing statement issued when the alleged account was allegedly opened and the final billing statement issued on the alleged account.

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Thank you for the information that helps quite a bit! Can I send the Discovery In that format? Do I have to send a copy of the Discovery Question to the court as well? 

 

Would I type the Discovery like I did the Answer, using the complaint as a template for the layout? 

 

Can I use those exact question you posted?

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make the paper look like the one for the court.  Same header xxx vs you, name of the court, etc.

 

Title the page "Defendants first request for production of documents"

 

Do the above title in a font a bit bigger, and in bold.

 

Then you can list your requests, just like what he posted above.

 

At the bottom, sign and date it, and then do the little thing that says you certify that you mailed it to xxxxx lawyer, with his address, etc. and date when you mailed it.

Then stick it in an envelope, and take it to the post office, send it certified return recipt requested.  Keep a copy for yourself.

Check your rules and make sure you don't have to file proof of service to the court, but keep it anyway.

 

Do this soon, your discovery peroid is running out.  Your rules will tell you how many days they have to answer you.  If they don't, then we will show you how to ask for it again in a meet and confer, or file a motion to compel.

 

Does all that make sense?

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make the paper look like the one for the court.  Same header xxx vs you, name of the court, etc.

 

Title the page "Defendants first request for production of documents"

 

Do the above title in a font a bit bigger, and in bold.

 

Then you can list your requests, just like what he posted above.

 

At the bottom, sign and date it, and then do the little thing that says you certify that you mailed it to xxxxx lawyer, with his address, etc. and date when you mailed it.

Then stick it in an envelope, and take it to the post office, send it certified return recipt requested.  Keep a copy for yourself.

Check your rules and make sure you don't have to file proof of service to the court, but keep it anyway.

 

Do this soon, your discovery peroid is running out.  Your rules will tell you how many days they have to answer you.  If they don't, then we will show you how to ask for it again in a meet and confer, or file a motion to compel.

 

Does all that make sense?

 

 

 

 

Yes thank you, That answers all my questions! I actually messed up the Discovery final date is JULY 20th not June 20th...so I guess I still have a little more time than I thought. I will get the Discovery Typed up and sent out asap! Thanks again.

 

~Jeff

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One other thing I forgot to mention is I'm on Unemployment, and that actually just cutoff so Now I have NO JOB or income. Is there anyway I can tell these people suing me that Im Unemployed? I mean I have ZERO money. This is something i'd like them to know.

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One other thing I forgot to mention is I'm on Unemployment, and that actually just cutoff so Now I have NO JOB or income. Is there anyway I can tell these people suing me that Im Unemployed? I mean I have ZERO money. This is something i'd like them to know.

 

It is good info for them to know, but (at least for now anyway) it's best if they find this out inadvertently, rather than you just coming right out and telling them. If it is something they discovered somehow, it may be a lot better.

 

If you filed for a fee waiver, or if you file for an additional fee waiver (to pay for jury fees or motions, court reporter, etc.(even if it's a bluff) and sent them proof of service, that might convey a good message (for starters anyway).

 

 

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Okay I got a packet from the plaintiff's attorney, Here is what is included, can anyone help me answer these Discovery Questions.

I changed my name and address, but I left the attorneys name the same...is that okay or should I change that too? Do I have to answer all those questions?

 

 

 

FULTON FRIEDMAN & GULLACE, LLP

Collections, Consulting & Litigation

Licensed in AZ, CA, DC, FL, IL, MD, MI, NJ, NY, OH, PA, TN, TX & VA

 

P.O. BOX 318050

INDEPENDENCE, OH44131

Toll free: (877) 386-5383

 

June 11, 2013

 

 

JEFFREY J. SOBECK

Attorney

JOE SMITH

000 ROAD

OHIO

 

 

Re: ASSET ACCEPTANCE, LLCvs. JOE SMITH

Case No.: 373UEJNDNJXUM

Account No.: EJO;IDJ

 

Dear Joe smith

 

Enclosed please find Plaintiff’s Combined Interrogatories, Request for Admissions and Request for Production of Documents.  Please be advised that Requests for Admissions must be returned no later than twenty-eight days from the date you receive them.

 

Attached verification page must be signed and notarized.

 

Please feel free to call me if you have any questions.

 

                                                                        Very truly yours,

 

                                                                        JEFFREY J. SOBECK

           

This is an attempt to collect a debt BY A DEBT COLLECTOR.  Any information obtained will be used for that purpose.

 

 

IN THE STOW MUNICIPAL COURT

SUMMITCOUNTY, OHIO

 

ASSET ACCEPTANCE, LLC

Plaintiff,

vs.

Joe smith

Defendant(s).

 

CASE NO.  2013CVF01231

JUDGE

PLAINTIFF'S COMBINED INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS

 

Plaintiff, ASSET ACCEPTANCE, LLC, hereby propounds to Defendant(s), JOE SMITH, (hereinafter “you”), the following Combined Interrogatories, Request for Admissions, and Request for Production of Documents pursuant to Rules 33, 34, and 36 of the Ohio Rules of Civil Procedure, and requests that you return them no later than twenty-eight (28) days from the date you receive them.  The responses requested are to be delivered at the office of JEFFREY J. SOBECKat FULTON, FRIEDMAN & GULLACE, LLP, P.O. BOX 318050INDEPENDENCEOH44131.

Definitions and Instructions

1.         In responding, please provide all information available to you, however it was obtained, including hearsay, and any and all information in your actual or constructive possession or knowledge, or in the actual or constructive possession or knowledge of your attorneys, agents or representatives.

You are bound by the following duties in responding:

(a)   To conduct a reasonable investigation in order to respond.

( B)   To state objections in as specific a manner as possible.

©   To seasonably withdraw, amend, or supplement a response if you obtain subsequent information which tends to indicate that the response was or became inaccurate or incomplete.

2.         The terms "you" and "your" refer to Defendant.

 

3.         The term "document" refers to and includes any and all writings or other means of recording or preserving information now or previously in your possession or in the possession of your attorneys or agents.

According to Civil Rule 36(A):

The matter is admitted unless, within a period designated in the request, not less than twenty-eight days after service thereof or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney.

If the admissions contained herein are not admitted or denied within the twenty-eight (28) day period after you receive them, they are treated by the court as though they were admitted.

 

Interrogatories and Requests

Interrogatory

1.         State the names and addresses of all individuals who assisted you in the preparation of the responses to these Combined Interrogatories, Request for Admissions, and Request for Production of Documents.

Answer:

Interrogatory

2.         State your full name, your current address, social security number and date of birth, and home phone number.

Answer:

 

 

Interrogatory

3.         State any other names which you have used or been known by.

Answer:

 

Interrogatory

4.         State your current employer, occupation and how long you have been so employed.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatory

5.         Please lists addresses where you have lived since October 01, 2004, giving specific dates for each address.

Answer:

 

 

 

 

 

 

 

 

 

 

Production of Documents

6.         Produce any documents that you plan to introduce at any trial, hearing or arbitration of this matter.

Answer:

 

Interrogatory

7.         State when you first obtained the credit card from CITIBANK SOUTH DAKOTA NA / CITIBANKwhose account # is XXXXXXXXXXXX-6003(hereinafter the “credit card”) and the circumstances surrounding how you came to obtain the credit card.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatory

8.         State when you last used the credit card and the balance due at that time.

Answer:

 

 

 

 

 

 

 

 

 

Interrogatory

9.         State whether or not you have ever applied for the Account with CITIBANK SOUTH DAKOTA NA / CITIBANK, account # XXXXXXXXXXXX-6703which is the subject matter of this lawsuit (hereinafter “the account”), and if so, give the date of said application.

Answer:

 

Interrogatory

10.       State with particularity the basis of any denials stated in your Answer to Plaintiff’s Complaint.

Answer:

 

 

 

 

 

 

 

 

 

 

Interrogatory

11.       State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff Complaint.

Answer:

 

 

 

 

 

 

 

 

 

 

 

Request for Admission

12.       Admit that you used the credit card described herein to purchase items.

Answer:

 

Interrogatory

13.       If you deny Admission Number 12, state, with particularity, the basis for such denial.

Answer:

 

 

 

 

 

 

 

 

 

 

Request for Admission

14.       Admit that you signed the credit card application for the account.

Answer:

 

 

 

 

 

 

 

 

 

 

Interrogatory

15.       If you deny Admission Number 14, state, with particularity, the basis for such denial.

Answer:

 

Request for Admission

16.       Admit that you were responsible to pay the credit card balance due on the account including the interest as prayed for in the Complaint.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatory

17.       If you deny Admission Number 16, state, with particularity, the basis for such denial.

Answer:

 

 

 

 

 

 

 

 

 

 

Request for Admission

18.       Admit that you failed to pay the total amount due on the account.

Answer:

 

Interrogatory

19.       If you deny Admission Number 18, state, with particularity, the basis for such denial.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

Request for Admission

20.       Admit that you received periodic statements of your Account.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatory

21.       If you deny Admission Number 20, state, with particularity, the basis for such denial.

Answer:

 

Request for Admission

22.       Admit that the balance due and owing on the account, which is the subject matter of this lawsuit, is the amount set forth in Plaintiff's Complaint.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatory

23.       If your answer to the Request for Admission No. 22 is in the form of a denial state the amount which you admit is currently due and owing on said account, and fully explain your reason(s) why this amount is due and owing instead of the amount set forth in Plaintiff's Complaint.

Answer:

 

 

 

 

 

 

 

 

 

 

Request for Admission

24.       Admit that not all payments required were made in a timely manner.

Answer:

 

Interrogatory

25.       If you deny Admission Number 24, state, with particularity, the basis for such denial.

Answer:

 

 

 

 

 

 

 

 

 

 

Interrogatory

26.       State the name and address of all individuals with direct knowledge of the within case and indicate which of those individuals you intend to call as a witness at trial.

 

Answer:

 

 

 

 

 

 

 

 

 

 

Request for Production of Documents

27.       You are hereby requested to produce, all written documents relative to the account in question currently in the possession of the Defendant and/or agent.  The term “written documents” includes, but is not limited to, letters, notes of telephone calls, cancelled checks, statements, agreements, or any other written correspondence or any other evidence that you do not owe the balance prayed for in Plaintiff’s Complaint.

Answer:

 

Request for Admission

28.       Admit that the account was opened in your name on October 01, 2004.

Answer:

 

 

 

 

 

 

 

 

 

 

 

 

Interrogatory

29.       If you deny Admission Number 28, state, with particularity, the basis for such denial.

Answer:

 

 

 

 

 

 

 

 

 

 

Request for Admission

30.       Admit that your last made a payment on this account on December 18, 2008.

Answer:

 

Interrogatory

31.       If you deny Admission Number 30, state, with particularity, the basis for such denial.

Answer:

 

 

 

 

 

 

Respectfully submitted,

 

 

 

 

 

JEFFREY J. SOBECK0080076

CHRISTINE S. HILL75429

FULTON, FRIEDMAN & GULLACE, LLP

P.O. BOX 318050

INDEPENDENCEOH44131

(877) 386-5383

(877) 209-4493Fax

Ohio@fultonfriedman.comEmail

Attorneys for Plaintiff

 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE

            I HEREBY CERTIFY that a true and correct copy of the foregoing was mailed to JOE SMITH at 10000 VALLEY VIEW RD  CHINA TOWN OHIO, on ____________________, 2013.

____________________________________

JEFFREY J. SOBECK, Esq. 0080076

CHRISTINE S. HILL, Esq. 75429

Attorneys for Plaintiff

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I'll look at them in a bit but I do want to stress to you how critical getting these answered ON TIME is. They included admissions which means if you are late with your response they will be deemed admitted and that makes them FACT. Very tough to overcome a case when admissions are deemed admitted. Mark your calendar, tie a string around your finger, whatever it takes to get these back on time and be able to prove it with a CMRRR.

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Okay Thanks! It says I have 28 Days from date delivered. I got the Discovery Packet today so I have 27 days left. What is a CMRRR?  It said on the last page that I need to get this packet notarized. Can I just take it to the bank for that? Do they watch me sign the documents then notarize it?

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It's hard to answer some of these question without seeing your answer or knowing the particulars of the case, but I gave it a shot.  It's really not that tough to answer these questions. 

 

Interrogatories and Requests

Interrogatory

1.         State the names and addresses of all individuals who assisted you in the preparation of the responses to these Combined Interrogatories, Request for Admissions, and Request for Production of Documents.

Answer:  N/A

 

Interrogatory

2.         State your full name, your current address, social security number and date of birth, and home phone number.

AnswerFill these out.  Option to object to SSN, date of birth and home phone number.  

 

 

Interrogatory

3.         State any other names which you have used or been known by.

AnswerAnswer truthfully

 

Interrogatory

4.         State your current employer, occupation and how long you have been so employed.

AnswerObjection: This question will not lead to admissible evidence. 

 

 

 

Interrogatory

5.         Please lists addresses where you have lived since October 01, 2004, giving specific dates for each address.

Answer:  Answer truthfully. 

 

 

Production of Documents

6.         Produce any documents that you plan to introduce at any trial, hearing or arbitration of this matter.

Answer:  If you plan to introduce any documents, list them here.  

 

Interrogatory

7.         State when you first obtained the credit card from CITIBANK SOUTH DAKOTA NA / CITIBANKwhose account # is XXXXXXXXXXXX-6003(hereinafter the “credit card”) and the circumstances surrounding how you came to obtain the credit card.

AnswerObjection - this question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by outcome of this case.  Defendant has no basis of evidence that he obtained a credit card with account XXXXXXXXXXXX-6003.

 

Interrogatory

8.         State when you last used the credit card and the balance due at that time.

AnswerObjection - this question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by outcome of this case.  Defendant has no basis of evidence that he obtained a credit card with account XXXXXXXXXXXX-6003.

 

 

 

Interrogatory

9.         State whether or not you have ever applied for the Account with CITIBANK SOUTH DAKOTA NA / CITIBANK, account # XXXXXXXXXXXX-6703which is the subject matter of this lawsuit (hereinafter “the account”), and if so, give the date of said application.

Answer:   If you ever applied at Citibank for a credit card say so, but say the account is paid in full, you were denied credit, etc. 

 

Interrogatory

10.       State with particularity the basis of any denials stated in your Answer to Plaintiff’s Complaint.

Answer:  Didn't see your answer, so hard to say. 

 

 

 

Interrogatory

11.       State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff Complaint.

AnswerDidn't see your answer, so hard to say. 

 

 

Request for Admission

12.       Admit that you used the credit card described herein to purchase items.

Answer: Deny.

 

Interrogatory

13.       If you deny Admission Number 12, state, with particularity, the basis for such denial.

Answer: Defendant to best of recollection, did not use "the account".  

 

 

Request for Admission

14.       Admit that you signed the credit card application for the account.

Answer: Deny

 

 

Interrogatory

15.       If you deny Admission Number 14, state, with particularity, the basis for such denial.

Answer: Defendent did not sign a credit card application. 

 

Request for Admission

16.       Admit that you were responsible to pay the credit card balance due on the account including the interest as prayed for in the Complaint.

Answer:  Deny.

 

Interrogatory

17.       If you deny Admission Number 16, state, with particularity, the basis for such denial.

Answer: Not responsible since Defendant never had the card. 

 

 

Request for Admission

18.       Admit that you failed to pay the total amount due on the account.

Answer: Deny.

 

Interrogatory

19.       If you deny Admission Number 18, state, with particularity, the basis for such denial.

Answer:  Defendant never applied for , was granted, or used "the account".

 

 

 

Request for Admission

20.       Admit that you received periodic statements of your Account.

Answer: Deny

 

 

 

 

Interrogatory

21.       If you deny Admission Number 20, state, with particularity, the basis for such denial.

Answer:  Defendant never received statements.  

 

Request for Admission

22.       Admit that the balance due and owing on the account, which is the subject matter of this lawsuit, is the amount set forth in Plaintiff's Complaint.

Answer:  Deny

 

 

Interrogatory

23.       If your answer to the Request for Admission No. 22 is in the form of a denial state the amount which you admit is currently due and owing on said account, and fully explain your reason(s) why this amount is due and owing instead of the amount set forth in Plaintiff's Complaint.

Answer:  Defendant never had possession of "the account", so no balance is owed.  In addition, no evidence has been presented to defendant showing how the amount due and owing was calculated.  

 

 

 

Request for Admission

24.       Admit that not all payments required were made in a timely manner.

Answer:  Deny with Objection:  Calls for conclusion that Defendant has already denied.   

 

Interrogatory

25.       If you deny Admission Number 24, state, with particularity, the basis for such denial.

Answer:  n/a

 

Interrogatory

26.       State the name and address of all individuals with direct knowledge of the within case and indicate which of those individuals you intend to call as a witness at trial.

 

Answer:  n/a

 

 

 

 

Request for Production of Documents

27.       You are hereby requested to produce, all written documents relative to the account in question currently in the possession of the Defendant and/or agent.  The term “written documents” includes, but is not limited to, letters, notes of telephone calls, cancelled checks, statements, agreements, or any other written correspondence or any other evidence that you do not owe the balance prayed for in Plaintiff’s Complaint.

Answer:    Defendant has no such documents. 

 

Request for Admission

28.       Admit that the account was opened in your name on October 01, 2004.

Answer:  Deny

 

 

Interrogatory

29.       If you deny Admission Number 28, state, with particularity, the basis for such denial.

Answer: Defendant never had possession of "the account". 

 

 

Request for Admission

30.       Admit that your last made a payment on this account on December 18, 2008.

Answer:  Deny with Objection:  Calls for conclusion that Defendant has already denied.  

 

 

 

Interrogatory

31.       If you deny Admission Number 30, state, with particularity, the basis for such denial.

AnswerDefendant never applied for , was granted, or used "the account".

 

 

 

 

 

 

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Okay Thanks! It says I have 28 Days from date delivered. I got the Discovery Packet today so I have 27 days left. What is a CMRRR?  It said on the last page that I need to get this packet notarized. Can I just take it to the bank for that? Do they watch me sign the documents then notarize it?

@jeff99gsx - CMRRR is certified mail, return receipt requested.  If you go to the bank to get it notarized, you don't have to sign it there, they will just look at your id to make sure you're the same person.  

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Thanks! What do you mean by "Option to object to SSN, date of birth and home phone number"  

should I just put my name and not my ssn, date of birth and home phone? 

 

Also on question number 4 I am currently unemployed should I answer that question?

 

Thanks again for all the help! 

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Thanks! What do you mean by "Option to object to SSN, date of birth and home phone number"  

should I just put my name and not my ssn, date of birth and home phone? 

 

Also on question number 4 I am currently unemployed should I answer that question?

 

Thanks again for all the help! 

 

Yes you actually type.

 

Answer:  Defendant's name is Jeff99gsx.

OBJECTION: Defendant objects to SSN, date of birth and home phone number as they are irrelevant and not likely to lead to admissible evidence.

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in question number 7 so i did apply for credit but my account is paid in full. ? this confuses me , would you have to prove you paid in full?

 

You would have to prove it but only if they can show a calculation of how they came up with their costs. THAT burden of proof is on THEM. If they have missing statements or "gaps" in the statements you can say you paid the card off and the balance is zero. Now it is up to them to prove the balance is correct. Now if you say you paid it off but they have an authenticated accounting from a $0 balance, then the burden may shift to you to prove a payment was missed.

 

Not sure what that has to do with #7 though?

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You would have to prove it but only if they can show a calculation of how they came up with their costs. THAT burden of proof is on THEM. If they have missing statements or "gaps" in the statements you can say you paid the card off and the balance is zero. Now it is up to them to prove the balance is correct. Now if you say you paid it off but they have an authenticated accounting from a $0 balance, then the burden may shift to you to prove a payment was missed.

 

Not sure what that has to do with #7 though?

I am sorry I meant 9 where it says to admit you applied for the card

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@jeff99gsx - CMRRR is certified mail, return receipt requested.  If you go to the bank to get it notarized, you don't have to sign it there, they will just look at your id to make sure you're the same person.  

okay thanks! If I was to post my answer to the complaint could you give me some suggestions on how to respond to questions 10 and 11

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Interrogatory

10.       State with particularity the basis of any denials stated in your Answer to Plaintiff’s Complaint.

Answer this question calls for the conclusion that debt is valid and due and this conclusion of fact will be decided by outcome of this case.  Defendant has no basis of evidence that he obtained a credit card with account Plaintiff's Alleged Assignor

 

 

Interrogatory

11.       State with particularity the basis of any affirmative defenses stated in your Answer to Plaintiff Complaint.

Answer:Did you plead an affirmative defense?  If so state why.  What was it?

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