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Disclosure Statement-Input?


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I am still unsure about "II" below.  I don't know if I have included the proper legal theories based on all of my responses.  If anyone could offer input, I'd appreciate it.

 

I.          FACTUAL BASIS OF DEFENSE:

 

1.  The Plaintiff cannot prove a claim on an account, account stated or otherwise under Arizona rules of civil procedure because the Defendant never received, personally or for the benefit of any other person, any goods, wares or merchandise, personal services, labor, or labor and materials from the Plaintiff or its assignor(s). The account stated doctrine does not suspend the rules of evidence to convert a bare assertion of indebtedness into liability.

 

2.  The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.

 

3. Defendants dispute that they entered into a contract with Plaintiff as Plaintiff has failed to produce any contract signed or otherwise.

 

4. The Plaintiff lacks standing to sue the Defendants, since at no time did the Defendants cause any harm to the Plaintiff. Furthermore, persons seeking redress in Arizona courts must first establish standing to sue. Bennett v. Napolitano, 81 P. 3d 311 -Arizona Supreme Court 2003.

 

 

 

II.        LEGAL THEORIES UPON WHICH DEFENSE IS BASED

 

The defenses of _________________ asserted in this action are grounded on the following legal theories and Arizona statutory requirements:

 

 

 

III.       NAMES, ADDRESSES AND TELEPHONE NUMBERS OF ANY WITNESSES EXPECTED TO BE CALLED BY DEFENDANTS AT TRIAL

 

1.  Custodian of Records (the name of the witness will be sought in Discovery, prior to trial).  The Custodian of Records will be questioned as to what personal knowledge they could possibly have of ____________________ business and billing practices, and why this testimony should not be considered heresay.

 

2. Any and all witnesses revealed to Defendants through Discovery.
 

3. Any and all witnesses listed or utilized by Plaintiff.
 

 

IV.       NAMES AND ADDRESSES OF ALL PERSONS BELIEVED TO HAVE KNOWLEDGE OR RELEVANT INFORMATION
 

1. See III above. Defendants will supplement prior to trial if necessary.
 

 

V.        NAMES AND ADDRESSES OF ALL PERSONS WHO HAVE GIVEN STATEMENTS EITHER WRITTEN OR RECORDED, SIGNED OR UNSIGNED AND THE CUSTODIAN OF THE COPIES OF THOSE STATEMENTS
 

1. The names of these individuals are unknown at this time. Defendants will seek these names through Discovery. Defendants will supplement prior to trial if necessary.
 

VI.       NAMES AND ADDRESSES OF EACH PERSON EXPECTED TO BE CALLED AS AN EXPERT WITNESS AT TRIAL
 

1. None known at this time. Defendants will supplement prior to trial if necessary.
 

VII.     COMPUTATION OR MEASURE OF DAMAGES

 

1.  Defendants will compute damages according to work missed at hourly wages, travel costs to and from court, time spent responding to Complaint and Discovery requests, office supplies and postage, filing fees for motions, if applicable.  FDCPA and FCRA statutory and/or actual damages will be sought later in Federal court, if applicable.
 

VIII.    DESCRIPTION OF EVIDENCE OR RELEVANT DOCUMENTS PLANNED TO BE USED AT TRIAL
 

1. The Defendants anticipate utilizing the following Exhibits at trial, assuming they are available through Discovery. Defendants will supplement as other Exhibits become available. Defendants’ Exhibits include, but are not limited to the following:

A.        Certified billing statements from the original creditor

B.        Full chain of assignments of account from original creditor to current owner of account

C.        Date of original default on this account

D.        Date the account was charged off

E.         Any and all correspondence between Plaintiff and Defendant relevant to this action

F.         Any and all responses to Uniform and/or Non Uniform Interrogatories of any party and  attachments    thereto

G.        Any and all Exhibits revealed to Defendants through further Discovery

H.        Any and all Exhibits listed or utilized by the Plaintiff
 

As to other documents or categories of documents not being produced herewith, they shall be requested through Discovery.  Defendants have no account records in possession.

IX.       EXISTING DOCUMENTS RELEVANT TO THIS ACTION

1. None known at this time. Defendants will supplement prior to trial if necessary.

 

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