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Portfolio Recovery/GE Money complaint


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Well, here I go again...not as freaked out as the last time thanks to the wonderful people here who helped me through the Cavalry suit last year as I know these things can be beat.  I'd sure appreciate it if anyone has the time to look over my answers to this new action before I send them off...1st, the forum questions. 

 

1. Who is the named plaintiff in the suit? PRA

2. What is the name of the law firm handling the suit? JM, (they're located about 450 miles from me, so I don't expect them to show up in person)

3. How much are you being sued for? under $2K


4. Who is the original creditor? G.E. Money Bank FSB

5. How do you know you are being sued? Served, in person, legally

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

·         Portfolio sent "Account Selected for Legal Review" collection letter, offering to settle balance of $2425.56 for lump sum of $1940.00.

·         JM sent letter "retained by Portfolio to collect" with Account balance as $1958.69. It also says "no attny at this time has reviewed...no decision ...to file lawsuit."

·         I sent DV

·         rcvd their DV letter 3 days later...In this it says, "Based on review, we have determined that you owe the amount stated on the attached statement." ($1958.69 principal/charge off balance)

·         served summons/complaint

 

9. What state and county do you live in? Idaho

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

11. What is the SOL on the debt? To find out: 6 yrs


12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or 
 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus No

 

14. Did you request debt validation before the suit was filed? Yes.

15. How long do you have to respond to the suit? 20 Days. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No interrogatory yet, see below for what they're claiming...

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing attached, just summons/complaint.

 

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CLAIMS/ANSWER

 

1. Defendant resides in this county and/or entered into the contract giving rise to this action in this county. Jurisdiction and venue are proper in this court.

 

In response to paragraph #1: Defendant admits to currently residing in ______county. Defendant does not have sufficient information to admit or deny entering any contract in this county, therefore denies. Defendant does not have any information in regards to proper jurisdiction and venue, therefore denies.

 

2. Defendant entered into a contract with GE Money Bank, F.S.B. opening an account ending in XXXXX5555, which contract was subsequently assigned to Plaintiff.

 

 

In response to paragraph #2: Defendant is without sufficient knowledge to either admit or deny the allegation contained within and therefore denies.

 

3. Defendant has defaulted on the obligation under the contract.

 

In response to paragraph #3: : Defendant is without sufficient knowledge to either admit or deny the allegation contained within and therefore denies.

 

4. The amount due and owing to the Plaintiff is $1958.69. In addition, Plaintiff is entitled to recover interest from the date of judgment at the legal rate.

 

In response to paragraph #4: Defendant denies owing the plaintiff any amount.

 

5. Written demand for payment of said sums was made upon Defendant more than ten (10) days before commencement of this action.

 

In response to paragraph #5: Defendant admits receiving a written demand for payment from Plaintiff.

 

6. Further, equity requires Defendant to pay the value of the benefits received.

 

In response to paragraph #6: Defendant denies receiving any benefits from Plaintiff.

 

Wherefore, Defendant prays for Plaintiff to take nothing from the suit, and for the court to grant costs of suit, and any relief the court deems proper. 

 

Dated:______

*************************************************************************************************************************************************************************************

 

#1, I am about 90% sure I lived in a different county when I opened the original account. 

 

#4, Portfolio's 1st letter stated I owed $2425 and offered a lump settlement of $1940. Johnson Mark's letter said account balance is $1958.69. Johnson Mark's DV letter says Balance sought is $1958.69. The claim is for $1958.69. This claim is for less then the original amount that was claimed. Should this be brought up at any point? Should I answer differently than above?

 

#6, I have no idea what that really means of if my answer is proper...

 

I want to send/file my answer next week if it looks okay. 

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       Portfolio sent "Account Selected for Legal Review" collection letter, offering to settle balance of $2425.56 for lump sum of $1940.00.

·         Johnson Mark sent letter "retained by Portfolio to collect" with Account balance as $1958.69. It also says "no attny at this time has reviewed...no decision ...to file lawsuit."

·         I sent DV

·         rcvd their DV letter 3 days later...In this it says, "Based on review, we have determined that you owe the amount stated on the attached statement." ($1958.69 principal/charge off balance)

 

 

So it's 2425.56 or 1958.69? I think you got an FDCPA violation, misrepresenting the debt, is either one or the other can't be both.

 

GE Money bank got binding arbitration on the card holder agreement, but I would rather fight it in a court with jury, so if you haven't done so read your court rules and demand jury trial.

 

You need to respond to that, as you might already know, attach those documents and countersue them for the violation.

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The first letter was from a collection agency. They usually "tack on" their commission . I had the same thing, then when it goes to the lawyer they know they can't add those fees, so they sue for the charge off amount and ask for the fees when they get the judgement.

Ah, that makes sense...

 

As for my answer, does anyone see anything I should change? 

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 Your answer looks good.

http://www.consumerfinance.gov/credit-cards/agreements/search/?q=GE+Money+Bank

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

 

 

 

PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED.

• What claims are subject to arbitration

1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or dealers/merchants/retailers that accept the card or program sponsors if it relates to your account, except as noted below.

2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

No Class Actions

YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.

How to start an arbitration, and the arbitration process

1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to GE Capital Retail Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.

2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.

3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control.

4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.

 

 

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I filed my answer and was told I shouldn't expect a court date before the end of July.

 

I'm looking through the court files and am shocked/saddened at how many people do not answer and have a judgment against them. Of those that I see filed an answer, most have been then dismissed for "inactivity" in the defendant's favor. 

 

Sure enough, the attny's for the Plaintiff have all requested appearance by phone if anyone does go any farther. So this time, I won't be surprised or as nervous knowing I more than likely will never see them face to face. All of those cases then show hearing "vacated", then dismissed. 

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Hi bmc100,

 

I'll have to search for a consumer law attorney as I'm in a really small town.  I did see an article on the web a few days ago about an attorney in Washington state that  has taken on one of the JDB attorney's for violations, who's name I came across in the batch of 91 cases filed in my county. I will try and find that article again...

 

I looked up Idaho civil procedure and find there aren't any limits/restrictions on asking for discovery. If anyone has time to take a peak/critique, I've compiled these from what I've found on this board and from my previous Cavalry SPV suit. I'm hoping to send them by Monday at the latest because I figure they won't get them back to me before any court date and I can walk in with a motion to compel or dismiss ready for the judge. 

 

 

INTERROGATORIES

 

INTERROGATORY NO. 1: Please identify yourself and what title you hold and who you are employed by, identify each and every person with whom you consulted, upon whom you relied, or who otherwise constituted a source of information for you in connection with the preparation of your answers to interrogatories, listing with respect to each and every such person, the numbers of the interrogatories to which he or she helped to prepare answers or with respect to which he or she was consulted, relied upon, or otherwise constituted a source of information.

            ANSWER:

INTERROGATORY NO. 2: Have you made such inquiry of your agents, servants, employees, representatives, and other persons available to you and have you made such examination of all documents relating to this matter so as to enable you to answer the interrogatories herein as completely and accurately as possibly can?

            ANSWER:

INTERROGATORY NO. 3: Identify all documents that may relate to this action, and attach copies of each such document.

            ANSWER:

INTERROGATORY NO. 4: Does the Plaintiff contend that the Defendant owes  $1958.69 as indicated in the Complaint served upon the Defendant?

            4.1 State in detail the facts upon which you base your contention;

            4.2 Identify all documents that support your contention in or contain any record or reference to or any indication of the facts stated in response to 4.1 above;

            4.3 Is it the Plaintiff's contention that the amount claimed owing in the Complaint served upon the Defendant is the balance sought in previous correspondence;

            4.3 Identify the manner and scope of the efforts that you have made in support of your contention in;

            4.4 State whether or not you will present any evidence at trial in support of your contention.

            ANSWER:

INTERROGATORY NO. 5: Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents.

            ANSWER:

INTERROGATORY NO. 6: Attach to your answers all affidavits, certifications in lieu of affidavit and declarations in lieu of affidavit which relate to this matter.

            ANSWER:

INTERROGATORY NO. 7: Identify all documents Plaintiff is in possession of bearing Defendant's signature.

            ANSWER:

INTERROGATORY NO. 8: State the names, addresses, and phone number of all witnesses you may call to testify at trial.  Please state:

                        a. The subject matter in which thee identified is expected to testify.

                        b. For each person identified, do they have firsthand knowledge of the record keeping procedures and/or practices of GE MONEY BANK, F.S.B.?

            ANSWER:

INTERROGATORY NO. 9: For each person whom you expect to call as an expert witness at the trial, providing his name, address and telephone number, please state:

                        a. The subject matter in which identified is expected to testify.

                        b. The substance of the facts and which each expert is expected to testify.

                        c. Give a summary of the grounds for each person set out above.

                        d. State the educational background, educational training, and experience of each person above which qualifies him as an expert, and identify the field of such expertise.

            ANSWER:

INTERROGATORY NO. 10:  Identify all Exhibits you intend to introduce in evidence at trial. Please attach a copy of all Exhibits to your Answers to these Interrogatories. If you will not do so, state the reason for your refusal.

            ANSWER:

INTERROGATORY NO.11: Do you state under oath that you have answered the above questions without reservations and as accurately and fully as possible?

            ANSWER:

INTERROGATORY NO. 12: Do you know that these interrogatories are continuing in character so as to require you to file supplementary answers if you, your representatives, or attorney obtain further or different information before trial?

            ANSWER:

 

REQUEST FOR PRODUCTION OF DOCUMENTS

 

1. The original signed application establishing the account.

 

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

 

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

 

4. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default.

 

5. A complete copy of the agreements that constitute the chain of title for the 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 Portfolio Recovery Associates, 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, Portfolio Recovery Associates, LLC may redact or otherwise omit information identifying any debtor other than the defendant.

 

6. All documents and tangible things Portfolio Recovery Associates, LLC received from assignee or assignor in connection with the account that is the subject of this lawsuit.

 

7. All documents containing any warranties or representations made by the originator or any assignee of the account at issue in this lawsuit to Portfolio Recovery Associates, LLC or any other assignee of the account.

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I filed my answer and was told I shouldn't expect a court date before the end of July.

 

I'm looking through the court files and am shocked/saddened at how many people do not answer and have a judgment against them. Of those that I see filed an answer, most have been then dismissed for "inactivity" in the defendant's favor. 

 

Sure enough, the attny's for the Plaintiff have all requested appearance by phone if anyone does go any farther. So this time, I won't be surprised or as nervous knowing I more than likely will never see them face to face. All of those cases then show hearing "vacated", then dismissed.

I would object to this. Make them travel. Courts are allowing more and more phone trials because defendants don't object.

@Seadragon has a great motion for objection to telephone discovery.

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Guys, it appears that it's the attorney who wants to appear by telephone.  It's not witnesses appearing by telephone.  If Seadragon's document is an objection to telephonic appearance by witnesses, the objection may not work.

 

I'm not saying the OP shouldn't object.  You just want to object to the right thing.

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I'm a female, LOL...

 

I still haven't even received the green card back from my "answer" to the complaint, let alone gotten a court date or their motion to appear by telephone. If it gets that far, I will really consider objecting. There's very little chance they're going to travel 450 miles to appear in person. It's just something I noticed with the few  people on the court website who actually filed answers, the Plaintiff attorney's then always motion to appear by telephone.

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  • 2 weeks later...

Where I'm at with this and a question:

 

I received their Request for Discovery on June 24th--the exact same interrogatories/request for docs/admissions that others on this board fighting Johnson Mark have received in the past. With all the awesome help that those before me have gotten in answering, I've been able to work through these. 

 

I re-did my own requests (above in post #11)  just to match their formatting as it was a little different then what I had, and I added a  "Certificate of Service of Discovery" since I noticed on the court website that they have an entry for that. 

 

On June 25th, I took a couple copies of my 1st set of discovery to the plaintiff to the clerk's office. She kept one copy for the file and stamped my other copy for me to mail to them. It turns out in Idaho, they do want a copy. Montana did not ask for copies. Website now reflects my "Certificate of Service" and "Discovery." 

 

Yesterday, I received the green return receipt card in the mail. It was signed by, "Johnson Mark." I somehow doubt that whoever signed for the documents I sent them is actually "Johnson Mark." From what I understand, the main office for Johnson Mark, LLC is in Utah, not Idaho. 

 

Has anyone had issues when the actual person who signed the CCMR card didn't use their real name? I'm wondering if this is a tactic to later say that they didn't receive my Discovery requests? 

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  • 3 weeks later...

I just received an envelope with answers to my interrogatories and request for documents. I've added their responses below; please let me know what you think about these answers of theirs...(I'm shortening the questions as it's the same ones I posted above). 

 

 

 

INTERROGATORIES

 

INTERROGATORY NO. 1: Please identify yourself ... Attorney for Plaintiff...

 

INTERROGATORY NO. 2: Have you made such inquiry of your agents, servants, employees, representatives, and other persons available to you ...yes

 

            INTERROGATORY NO. 3: Identify all documents that may relate to this action, and attach copies of each such document...Please see attached documentation. Further, as Discovery is still ongoing in this case, Plaintiff reserves the right to offer additional documentation into evidence as it becomes available. (they only attached some account statements, a bill of sale from GE Moneybank, and an affidavit of sale of account by original creditor. They did not attach anything with my name or any account #, etc.)

            

INTERROGATORY NO. 4: Does the Plaintiff contend that the Defendant owes ___ as indicated in the Complaint served upon the Defendant?

            4.1 State in detail the facts upon which you base your contention;

            4.2 Identify all documents that support your contention in or contain any record or reference to or any indication of the facts stated in response to 4.1 above;

            4.3 Is it the Plaintiff's contention that the amount claimed owing in the Complaint served upon the Defendant is the balance sought in previous correspondence;

            4.3 Identify the manner and scope of the efforts that you have made in support of your contention in;

            4.4 State whether or not you will present any evidence at trial in support of your contention.

Plaintiff objects as these questions are overly broad and unduly burdensome. Without waiving said objection, balance owing is stated in the Complaint, and please see the attached documentation. Further, as Discovery is still ongoing in this case, Plaintiff reserves the right to offer additional documentation into evidence as it becomes available.  

          

INTERROGATORY NO. 5: Attach a complete copy of any written records or documents that you have regarding defendant, along with a typed transcription of any handwritten records and documents. Plaintiff objects as these questions are overly broad and unduly burdensome. Without waiving said objection, please see the attached documentation. Further, as Discovery is still ongoing in this case, Plaintiff reserves the right to offer additional documentation into evidence as it becomes available.            

 

INTERROGATORY NO. 6: Attach to your answers all affidavits, certifications in lieu of affidavit and declarations in lieu of affidavit which relate to this matter. same answer as #5

 

            INTERROGATORY NO. 7: Identify all documents Plaintiff is in possession of bearing Defendant's signature.

Plaintiff's attorney is not currently in possession of any documentation bearing Defendant's signature at this time, however, as Discovery is still ongoing....

 

INTERROGATORY NO. 8: State the names, addresses, and phone number of all witnesses you may call to testify at trial.  Please state:

                        a. The subject matter in which thee identified is expected to testify.

                        b. For each person identified, do they have firsthand knowledge of the record keeping procedures and/or practices of GE MONEY BANK, F.S.B.?

Plaintiff may call one or more of the following witnesses at trial: Anita bray, David Sage, Larry Andrews, Meryl Dreano, Tanya Hollenbeck, and larry Whitaker c/o Portfolio Recovery Associates...Plaintiff also intends to call the Defendant, LL as a witness.

 

            INTERROGATORY NO. 9: For each person whom you expect to call as an expert witness...Plaintiff has not identified any expert witnesses at this time.

 

INTERROGATORY NO. 10:  Identify all Exhibits you intend to introduce in evidence at trial. See attached docs...

 

            REQUEST FOR PRODUCTION OF DOCUMENTS

 

1. The original signed application establishing the account. Plaintiff's attorney is not currently in possession of any documentation bearing Defendant's signature at this time, however, Discovery is still ongoing....

 

2. The original written agreement in which the defendant allegedly assented to the terms of the account. Plaintiff's attorney is not currently in possession of any documentation bearing Defendant's signature at this time, however, Discovery is still ongoing....

 

3. A complete history of the account from day one, establishing the legitimacy of the balance sought. Plaintiff objects as this request is overly broad and unduly burdensome. Without waiving said objection, please see the attached documentation...discovery ongoing....

 

4. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default. Please see the attached documentation...

 

5. A complete copy of the agreements that constitute the chain of title for the 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 Portfolio Recovery Associates, 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, Portfolio Recovery Associates, LLC may redact or otherwise omit information identifying any debtor other than the defendant.

Plaintiff objects to the entirety of the agreement as irrelevant and pertaining to trades secrets of Plaintiff. However, Plaintiff will provide relevant portions. As such, please see the attached documentation.

 

6. All documents and tangible things Portfolio Recovery Associates, LLC received from assignee or assignor in connection with the account that is the subject of this lawsuit. . Please see the attached documentation...

 

7. All documents containing any warranties or representations made by the originator or any assignee of the account at issue in this lawsuit to Portfolio Recovery Associates, LLC or any other assignee of the account. . Please see the attached documentation...

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The first letter was from a collection agency. They usually "tack on" their commission . I had the same thing, then when it goes to the lawyer they know they can't add those fees, so they sue for the charge off amount and ask for the fees when they get the judgement.

 

Generally, collection agencies cannot tack on their commission either...

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  • 1 month later...

Hi guys. I really need some help as I have a "Notice of Scheduling and Planning Conference" coming up on Sept. 6th. I'm right in the middle of the last few months of medical assisting school, doing an externship in a clinic and not getting home until late every night. I'm so exhausted! I just received answers to my 2nd set of discovery, "Request for Admissions." I know this is beatable, especially after getting the below replies -- my question is what do I go to the scheduling/planning conference with? 

 

The letter from the court says, "The attorneys/parties may not schedule any other hearings or motions on the above referred date and time." Does this mean I can't make any motions for summary judgement, dismissal, or to preclude anything such as signed applications, terms of agreement, complete history? 

 

What should be my next move? As you can see, they think applications/agreements/account history is irrelevant. I know this is to my advantage, but how's the best way to use what I've got?

 

On question #9, the attorney denied that there is no written agreement between Plaintiff and Defendant. I think he's forgetting that his client is Portfolio, not the OC.  Should I be requesting it to be produced? 

 

Thank you all for helping me so much up to now! I feel I hold the winning hand, just need to play it right!

 

1.  Admit that Plaintiff purchases defaulted debts as a regular course of business.

Admit

 

2.  Admit the Plaintiff has no original signed application establishing the account.

Plaintiff objects as this request is irrelevant.

 

3.  Admit the Plaintiff has no original written agreement in which the defendant allegedly assented to terms of the account.

Plaintiff objects as this request is irrelevant.

 

4.  Admit that Plaintiff does not have an application for an extension of credit from the Defendant exhibiting a Signature from the Defendant.

Plaintiff objects as this request is irrelevant.

 

5.  Admit the Plaintiff has no complete history of the account from day one, establishing the legitimacy of the balance sought.

Plaintiff objects as this request is irrelevant.

 

6.  Admit the Plaintiff is not the legal owner of the debt that is the subject of this lawsuit.

Deny.

 

7.  Admit that Plaintiff does not have access to all of the records created and maintained by GE Money Bank, F.S.B. that pertain to the alleged account that is the subject of this lawsuit.

Deny.

 

8. Admit that Plaintiff has submitted all documentation in Plaintiff's possession related to the alleged debt which is the subject of this lawsuit.

Deny, Plaintiff is still in the process of receiving documentation.

 

 

9.  Admit there is no written agreement between Plaintiff and Defendant.

Deny.

 

10.  Admit the Defendant does not owe the Plaintiff any amount.

Deny.

 

11. Admit the  potential witnesses listed by Plaintiff in Answer to Defendant's 1st set of Discovery are not now or have never been involved in the creation of any records originated by GE Money Bank, F.S.B.

Deny.

 

12. Admit that the Plaintiff does not have access to records created and maintained in the regular course of business of GE Money Bank, F.S.B. while such records are in the possession of that company.

Deny.

 

13. Admit that the Bill of Sale from GE Money Bank to Plaintiff (Exhibit "B") does not reference the name of the Defendant.

Deny, included by reference in "Receivables" and "notification files."

 

14. Admit that the Bill of Sale from GE Money Bank to the Plaintiff (Exhibit "B") does not reference the account number of the alleged debt that is the subject of this lawsuit.

Deny, included by reference in "Receivables" and "notification files."

 

15. Admit the Affidavit of Sale of Account By Original Creditor (Exhibit "B") does not reference the name of the Defendant.

Deny, included by reference in "Receivables" and "notification files."

 

16. Admit the Affidavit of Sale of Account By Original Creditor (Exhibit "B") does not reference the account number of the alleged debt that is the subject of this lawsuit.

Deny, included by reference in "Receivables" and "notification files."

 

17. Admit the "Blanket Cerificate [sic] of Conformity", p.4 (Plaintiff Exhibit "B") submitted by Plaintiff does not reference any document associated with the Defendant in this action.

Deny. 

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Those are good admits by the way.

 

I would start here:

 

7.  Admit that Plaintiff does not have access to all of the records created and maintained by GE Money Bank, F.S.B. that pertain to the alleged account that is the subject of this lawsuit.

Deny.

 

8. Admit that Plaintiff has submitted all documentation in Plaintiff's possession related to the alleged debt which is the subject of this lawsuit.

Deny, Plaintiff is still in the process of receiving documentation.

 

Well, which is it? You have them or you don't but you are getting them? It can't be both. Access to means you can get them immediately, not get them eventually. They have contradicted themselves. Every time you can point out where they lie, their credibility gets lower.

 

9.  Admit there is no written agreement between Plaintiff and Defendant.

Deny.

 

There is? Well, let's see this written agreement? Did they send you a written agreement?

 

17. Admit the "Blanket Cerificate [sic] of Conformity", p.4 (Plaintiff Exhibit "B") submitted by Plaintiff does not reference any document associated with the Defendant in this action.

Deny. 

 

Does it? Are they lying here? I haven't seen it but, if no document is referenced, call them on it.

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hi Flyerfan,

 

Should I be sending them a request for a 3rd set of discovery before the planning/scheduling conference? Asking them for these referenced documents, hit them another time on any inconsistencies? 

 

I'm only going to work a half day today, I'll have time to file something with the clerk before they close tonight if I hurry...

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I would. I would send them a request to produce any and all documents which they have access to currently regarding the debt (they said they can access them, right?).

 

I would definitely ask them for the agreement between the plaintiff and you. I would also make a note that an agreement between you and the OC to which they are claiming the rights to is not the same thing as an agreement between you and the plaintiff.

 

Then I would ask for the Blanket Certificate of Conformity to be sent and marked with a hilighter specifically where it references a document associated with the plaintiff.

 

I honestly don't know how far this will get you other than-

 

1  -  Laying a foundation for objection at trial

2  -  Letting the attorney know that the B/S answers and objections will not be unnoticed and unaddressed. 

 

But that's just me. Any opportunity to make them work and let them know I know what I'm doing and will fight to the end.

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