Review: Request for Admissions

[Trapezius]

REQUESTS FOR ADMISSIONS
 

1.    Admit or Deny, Plaintiff is a debt collector.

2.    Admit or Deny, Plaintiff’s affiant has previous experience collecting debts.

3.    Admit or Deny, Plaintiff’s affiant, is the owner, co-owner, or employee of CONVERGENCE RECIVABLES, LC and an owner, co-owner, or employee “Litow & Pech P.C.”

4.    Admit or Deny, Plaintiff purchases large volumes of allegedly defaulted accounts during its regular course of business.

5.    Admit or Deny, Plaintiff has previously collected or attempted to collect debts in the State of Arkansas.

6.    Admit or Deny, Plaintiff has no physical address in the State of Arkansas besides its registered agent.

7.    Admit or Deny, Plaintiff’s suit against the Defendant seeks to recover a debt.

8.        Admit or Deny, that Plaintiff, is not the original creditor, which allegedly extended credit to the Defendant, which such extension of credit is the subject matter of this lawsuit against the Defendant.

9.       Admit or Deny, Plaintiff purchased the alleged account from another debt collector and not the original creditor.

10.   If #9 is admitted: Admit or Deny: Plaintiff purchased the alleged account from another debt collector, who in turn purchased it from another debt collector.

11.   Admit or Deny: Plaintiff is not the original debt collector the original creditor sold the alleged debt to.

12.   Admit or Deny: Plaintiff has not now, nor ever spoken to any official employee of US Bank, in regards to the alleged account.

13.   If #10 is admitted: Admit or Deny: Plaintiff does not have a bill of sale from the debt collector who the original creditor first sold the alleged debt to.

14.   Admit or Deny, Plaintiff does not know if the alleged account is a credit account or a deposit account

15.   Admit or Deny, there is a written assignment and or bill of sale or other written document, alleging to show the Plaintiff was transferred or assigned ownership of the alleged account which is the subject matter of the Plaintiff's lawsuit against the Defendant.

16.   If your answer to admission #2 is admitted, Admit or Deny, that such assignment and or bill of sale or other written document, as described in admission #2 and admitted to in admission #2, is currently, or will be, or is anticipated to be, in the possession, control, or readily obtainable possession of the Plaintiff prior to trial.

17.   Admit or Deny, that Plaintiff purchases alleged debts and/or accounts as a regular course of business

18.   Admit or Deny, that Plaintiff is not an affiliate or subsidiary of US BANK.

19.   Admit or Deny, that Plaintiff does not produce or originate any billing statement records on the behalf of US BANK.

20.    Admit or Deny, that the Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, had no records in their possession and/or immediate custody and/or control with Defendant's name, address, phone number, or social security number on any such record.

21.   Admit or Deny, that Plaintiff, at the time of the alleged default on the alleged account, which is the subject matter of this lawsuit, maintained no records that referenced the Defendant in any manner.

22.   Admit or Deny, that Plaintiff does not have in its custody, legible copies of any documents with Defendant's signature on it.

23.    Admit or Deny, Plaintiff’s Affiant has no direct, personal, firsthand knowledge of the record keeping procedures and/or practices of US BANK.

24.    Admit or Deny, Plaintiff’s witness has no direct, personal, firsthand knowledge that Defendant allegedly defaulted on the alleged account and debt which is the subject matter of this lawsuit.

25.   Admit or Deny Plaintiff’s witness does not have in their immediate possession, or custody and control, all records pertaining to the alleged account and debt of the Defendant, which is the subject matter of this lawsuit.

26.   Admit or Deny, Plaintiff’s Affiant does not maintain all the alleged business records for the alleged account and alleged debt, which is the subject matter of this lawsuit.

27.    Admit or Deny, Plaintiff’s witness has simply read information from a computer screen, spreadsheet, or computer generated document.

28.    Admit or Deny, Plaintiff’s witness is only advised of the alleged balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, firsthand knowledge of the alleged account and alleged debt as it was incurred.

29.   Admit or Deny, Plaintiff’s Affiant is not a business records custodian of US BANK

30.  Admit or Deny, Plaintiff’s Affiant is only able to testify in regards to the subject matter of this case, based on what “somebody else” advised them or what “somebody else’s” records indicate.

31.   Admit or Deny, Plaintiff’s Affiant has no direct, personal, firsthand knowledge if the information request/provided in the Defendant’s First Request to produce is in fact true and correct, only that Plaintiff’s witness believes the information is true and correct because “somebody else” said so. 

32.  Admit or Deny, Plaintiff is not licensed with the Arkansas State Board of Collection Agencies.

33.   Admit or Deny, Plaintiff’s Affiant cannot attest to the authenticity of the alleged records, in the immediate possession and/or custody of Plaintiff, that were allegedly provided to the Plaintiff by ORIGINAL CREDITOR which allegedly show that Defendant is legally indebted to Plaintiff in the amount of $X,XXX.XX.

34.   Admit or Deny, that all records allegedly held by Plaintiff, which allegedly prove Defendant is indebted to the Plaintiff, are not Plaintiff’s own business records which were originated by and kept in the regular course of business by Plaintiff.

35.   Admit or Deny, Plaintiff bought Defendant's alleged defaulted account as part of a bulk, sale transaction.

36.  Admit or Deny, Plaintiff, in its regular course of business does not purchase 1 single account at a time.

37.   Admit or Deny, that Plaintiff does not have in its custody, a written agreement or contract, signed by Defendant, between the Defendant and US BANK.

38.   Admit or Deny, that as of the date Plaintiff’s Complaint was drafted, Plaintiff had no evidence admissible at trial that proves Defendant owes the alleged debt.

39.   Admit or Deny, that Defendant owes no amount of money whatsoever to Plaintiff for the alleged account which is the subject matter of this action.

40.   Admit or Deny, that Defendant is not indebted in any way whatsoever to Plaintiff for any amount of money, for any debt of any type, from any source, as of the date of this request.

41.  Admit or Deny, Plaintiff has in its possession, or previously held in its passion, a copy of the Defendant’s credit report.

42.  If #31 is admitted: Admit or Deny, Plaintiff obtained the Defendant’s credit report with the intention of obtaining the Defendants address, or to make pre-litigation assessments or discussions.

43.  If #31 is admitted: Admit or Deny, Plaintiff has no “permissible purpose”, as defined under the Fair Credit Reporting Act, to obtain Defendant’s credit report

44.  If #31 is admitted: Admit or Deny, Plaintiff provided collections as a “permissible purpose”, as defined under the Fair Credit Reporting Act in order to obtain Defendant’s credit report.

45.  If #34 is admitted: Admit or Deny, Defendant provided collections as a “permissible purpose”, as defined under the Fair Credit Reporting Act, with full knowledge that Plaintiff is not licensed with the Arkansas State Board of Debt Collectors.

46.  Admit or Deny, Plaintiff’s first contact or communication with the defendant through any medium was when the Defendant was served a summons.

47.  Admit or Deny, Plaintiff has never sent the Defendant letters, or any other correspondence asking for payment of the alleged debt.

48.  Admit or Deny, Plaintiff did not have the Defendant’s current home address(as of October 2012) prior to obtaining the Defendant’s credit report

49.  Admit or Deny, CONVERGENCE RECEIVABLES, is owned and operated by Plaintiff’s affiant -- Charles Litow.

 

 

[racecar]

 

 

 

 

PROPOUNDING PARTY: Defendant, [DEFENDANT’S NAME]

RESPONDING PARTY: Plaintiff, [PLAINTIFF’S NAME]

SET NO.: ONE

 

 

The Propounding Party requests that the Responding Party respond to the following discovery requests in accordance with the Rules Governing the Courts of the State of Arkansas. The Propounding Party has used certain words with defined meanings as set forth in the Definitions section, below.

 

DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A) "Account" means the indebtedness alleged in the Complaint.

( B )"Business Record" means a Record which includes a statement of an act or event and was created by any business.

( C ) "Computer Record" means a Record which is an electronic recording of information as well as a printout which comes from such an electronic recording.

(D) "Declarant" means a Natural Person who made a Sworn Statement.

(E) "Immediate Assignor" means the Person from whom you purchased the Account.

(F) "Natural Person" means a human being.

(G) "Original Creditor" is the Person with whom the Account was originally created for Defendant.

(H) "Person" means any entity and includes, without limitation, a Natural Person, sole proprietorship, limited liability company, government or governmental subdivision, and any type of partnership, corporation, association, organization, institution, or firm.

(I) "Record" includes all recorded information, including "documents" and "writing" which concern or relate to the Account.

(J) "Sworn Statement" means a written statement relating to, concerning or regarding any fact involved in this lawsuit which was made under oath or permitted by court rule or statute to have the same effect as a statement made under oath including, without limitation, an affidavit, a declaration made pursuant to 28 U.S.C. § 1746.

(K) "You," "your", "yours", "yourself" refers to the Plaintiff.

 

 

 INTERROGATORIES TO PLAINTIFF

1. State the names and addresses of all persons who have knowledge of any facts relating to the case.

2. Identify all documents that may relate to this action, and attach copies of such document.

3. 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.

4. Identify all correspondence between plaintiff and the defendant or its representatives, and attach copies.

5. If you claim that the defendant made any admissions as to the subject matter of this lawsuit, state: (a) the date made; ( b )the name of the person by whom made; ( c ) the name and address of the person to whom made; (d) where made; (e) the name and address of each person present at the time the admission was made; (f) the contents of the admission; and (g) if in writing, attach a copy.

6. If you or your representative and the defendant have had any oral communication concerning the subject matter of this lawsuit, state: (a) the date of the communication; ( b )the name and address of each participant; ( c ) the name and address of each person present at the time of such communication; (d) where such communication took place; and (e) a summary of what was said by each party participating in the communication.

　

　

7. If you claim that the violation of any statute, rule, regulation or ordinance is a factor in this litigation, state the exact title and section.

8. Set forth a particular statement of the items of the claim, their amounts and dates, a calculation in figures of the amount of interest, the payments or credits, if any, and the net amount due.

9. If the Account was assigned by the Original Creditor, set forth the date and a description sufficient to identify each Record which reflects or memorializes each assignment beginning with the Original Creditor and ending with you. [Note that defense counsel anticipates that you will identify such things as forward flow agreements, purchase and sale agreements, bills of sale, and schedules of accounts;

10. Attach a copy of each Record identified in your response to Interrogatory #9.

11. With respect to each assignment of the Account, identify the name of each Natural Person who has personal knowledge as to whether the Account was described or identified in the assignment.

12. Identify all Records in your possession concerning the Account.

13. Attach a copy of each Record identified in your response to Interrogatory #12.

 

　

14. Identify each request you sent to either the Original Creditor or assignee of the Account for either a Record or information about the Account.

　

　

15. Attach a copy of each request identified in your response to Interrogatory #14.

16. Attach a complete copy of the response you received for each request identified in your response to Interrogatory #14.

17. What is the date on which the Account went into default?

18. What is the date of the Account’s last billing statement?

19. Explain any difference between the Account’s charge off balance and the balance on the Account’s last billing statement.

20. State the name of each Natural Person known to you or to your attorneys who can demonstrate that each Computer Record is what you claim it to be.

21. State the name of each Natural Person known to you or to your attorneys who is familiar with the record system used to create and store each Computer Record.

22. State the name of each Natural Person known to you or to your attorneys who can establish that it was the regular practice of the business which created each Computer Record to make it.

23. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made at or near the time of observation by a person with actual knowledge or from information supplied by such a person.

　

　

24. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was made by a business whose regular practice was make that type or kind of Business Record.

25. State the name of each Natural Person known to you or to your attorneys who has personal knowledge that each Business Record was in fact made in the regular course of the business which made it.

26. Attach a copy of each Sworn Statement and indicate in the space below that the requested item(s) are attached or state the reason why it is not attached.

27. For each Sworn Statement, state whether you have the version which contains the Declarant’s original signature.

28. Attach a copy of each Record relied on or used by each Declarant in preparing his or her Sworn Statement and indicate in the space below that the requested items are attached or state the reason why it is not attached.

29. State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by each Declarant on the same date as the Declarant’s Sworn Statement.

30. If you assert a claim for legal fees, attach your written retainer agreement with your attorney and indicate in the space below that the requested item is attached or state the reason why it is not attached.

　

　

31. Attach a copy of Defendant’s application in connection with the Account. If you do not have possession of that application, state whether you have requested a copy from anyone.

32. Were there written terms and conditions which governed the Account at the time the Account was opened?

33. Were the written terms and conditions which governed the Account at the time the Account was opened changed, modified, amended or replaced at any time after the Account was opened?

34. If you contend that Defendant’s payment obligations on the Account arose out of transactions other than transactions in which the money, property, insurance or services which are the subject of the transactions are primarily for personal, family or household purposes, then state the factual basis for your contention.

35. Identify and produce a copy of all documents reflecting that the information described in 15 U.S.C. § 1637(a)(1) through (8) (to the extent applicable) was disclosed to Defendant before the Account was opened.

36. Identify and produce a copy of all documents which you understand as constituting written notice of an increase in the Account’s annual percentage rate in accordance with 15 U.S.C. § 1637(i).

37. Do you have any claims against Defendant other than those arising out of the Account?

　

　

38. Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

39. What is the full name, job title and work address of the Natural Person who certified the answers to these interrogatories on your behalf?

　

　

　

[END OF INTERROGATORIES]

RESPONDING PARTY’S CERTIFICATION TO ANSWERS TO INTEROGATORIES

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment.

Date

Print Name and Title Below Signature ______________________________

_______________________________

　

　

[racecar]

ADMISSION REQUESTS

1. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any written agreement governing the Account.

___ADMIT ___DENY

2. Plaintiff has no personal knowledge as to the mailing by the Original Creditor to Defendant of any billing statement for the Account.

___ADMIT ___DENY

3. Plaintiff has no personal knowledge as to why the Original Creditor entered any transaction, debit, credit or charge on any billing statement for the Account.

___ADMIT ___DENY

4. Neither Plaintiff nor its attorney(s) possess an affidavit, certificate or other document executed by or on behalf of the Original Creditor which purports to authenticate the genuineness of any documents related to the Account.

___ADMIT ___DENY

5. Plaintiff’s right to acquire documents from the Original Creditor about the Account is governed by the written agreement under which Plaintiff acquired the Account.

___ADMIT ___DENY

Signed by Responding Party’s (CHECK ONE) ____ authorized representative or ____ attorney:

[Trapezius]

I appreciate the contribution..But I was hoping for critques on my post rather than additions

[Jimmy E]

I realize you are seeking a critique of your admissions, but as a 'seasoned' defendant in several JDB cases (if this is one), what you will receive as an answer from Plaintiff will amount to nothing more than a combination of admit, deny, and too ambigious.  Again, forgive and ignore this post if you only seek critiques of your RFA, but if you want to beat a JDB in Arkansas, say so, or PM me -- always glad to help a fellow Arkansan!

 

-J

[shellieh98]

You also need to check your rules, some states have a limit on the number of Rogs and admissions you can send.

Racecar's post covers about all of it, yours ask a lot of the same stuff, and some stuff that it not important. Ie they are a debt collector 10 different ways. Admit, yes we are. Ok they admitted it, how is that going to help you?

[Spikey]

That'll be a fun list for them to respond to, one thing you're missing is one admission that if they don't answer will completely kill their case. Some like " Admit or Deny, that the Defendant is not indebted to the Plaintiff for any sum of money." 

 

Anything relating to documentation, they'll deny and say that they requested those documents from the OC and will send them to you once they receive them.

[racecar]

You can send those admissions if you like, I don't see anything that's going to be a game changer. My 2 cents

[Jimmy E]

You can send those admissions if you like, I don't see anything that's going to be a game changer. My 2 cents

 

You're right 'racecar.'  And, 'Spikey' it won't be fun for them to answer, because they WON'T provide an admit or deny on that -- a lot of times it's a waste of paperwork, imo.  Sending a short 'Request for Production of Documents' usually results in a dismissal.  RFAs have their place, but a 'document' request cuts to the chase.  But, to each his own I say.

 

Btw, 'shellieh98,' there is no stated limit on the number of interrogs or admission requests in Arkansas (at least on the civil side) ARCP Rule 5(3)©.  In one of my cases, I had almost 60 RFAs -- the 'affiant' was in the cross-hairs of many of the requests.

 

Of course I don't know the particulars of the case, but if it is a JDB, send them this:

 

1.  Please provide original signed application establishing the alleged account.

2.  Please provide charge slips bearing defendant's signature which establish use of the alleged account.

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

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

5.  Please provide any document setting forth the choice of law provision.

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

7.  Please provide any document produced by Plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce.

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

9.  Please provide any cancelled checks or copies of cancelled checks, or other verified payments on the alleged account Plaintiff intends to introduce as evidence at trial.

10.  Please provide proof of mailing of monthly statements.

11.  Please provide any documents evidencing that Defendant retained monthly statements for an unreasonable amount of time.

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

13.  Please provide any documents establishing the chain of custody of the alleged debt, starting with the original creditor, each one to show in clear detail the manner in which the debt was allegedly transferred to subsequent assignees. These documents should show the account number and name of the account holder.

 

They can dance around an RFA, but they can either produce this nominal request or not.  Just me, but I would send the above, then follow it up a few days later with RFA if needed.

 

-J

[BV80]

10.  Please provide proof of mailing of monthly statements.

11.  Please provide any documents evidencing that Defendant retained monthly statements for an unreasonable amount of time.

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

 

In my opinion, the above 3 requests are not helpful.  They relate to TILA.  If this is a JDB, TILA will not apply.  One reason is that JDBs don't create and mail monthly statements.  They also don't have to have an explanation of a "reasonable amount of time" because that's a term in TILA which applies to OCs.

[Trapezius]

Thanks guys...will make adjustments

[Jimmy E]

In my opinion, the above 3 requests are not helpful.  They relate to TILA.  If this is a JDB, TILA will not apply.  One reason is that JDBs don't create and mail monthly statements.  They also don't have to have an explanation of a "reasonable amount of time" because that's a term in TILA which applies to OCs.

 

You are absolutely right, BV80.  Having just read the complete RFA from the OP, I see what's happening.  Thanks!

 

You know, it appears these JDBs are popping up all over the place -- just in the past year!  The formula seems to be an attorney setting up a debt collection company, with the ultimate goal of filing lawsuits and representing the 3rd party debt 'management' company -- maybe not entirely in that order, but lucrative nonetheless since the vast majority of these cases will be won by 'summary judgment.'

 

Ironing Board, having completely read your RFA -- send it!  Tweak as suggested perhaps, but looks fine.  My previous recommendation is based on what they will admit/deny in an RFA, as opposed to what they must PRODUCE to you during the 'discovery process.'  Your RFAs clearly puts them on notice of what to expect from you!  If you DO send a 'doc' request (minus #11, #12, & #13 as BV80 correctly points out), see what they can actually PRODUCE.  These goofballs aren't going to drive down to the Ozarks for this one.  You are a winner and they are LOSERS!

 

-J

 

Ps: I enjoyed some of the 'Coltfan-esque' admissions in your RFA.  GR8!

[Anon Amos]

I have not read much of these post but I am glad you mentioned the Request for Production of Documents.

[Jimmy E]

I have not read much of these post but I am glad you mentioned the Request for Production of Documents.

 

It does tend to shut down the JDB -- at least in my experience in Arkansas.    That's all it took for forum member, and fellow Arkansan, 'mom34' -- same JDB, same atty as my previous cases.

 

-J

[Anon Amos]

It does tend to shut down the JDB -- at least in my experience in Arkansas.    That's all it took for forum member, and fellow Arkansan, 'mom34' -- same JDB, same atty as my previous cases.

 

-J

State to State the strategy to beat a bottom feeder is the same, it's just the procedural methods that change.