DJH715

Answered Petition 2 1/2 years ago - Discovery Request received now

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Thanks Shelli,

I will keep you posted on how this goes. Did you see my post about documentation answers #7 & #8 if I need to send copies to them or not.

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Yes, make copies, send one to the Attorney certified mail return receipt requested, you don't need to file this with the court, but you may need to file a verification that you sent your answers to the plaintiff. Make a copy for the court that you made need to give them at trial if it gets that far.  Keep a copy for yourself.  Same goes with your requests, you don't need to file the requests with the court, but may need to file a verification that you sent some, send everything to attorney for plaintiff CMRRR, and keep a copy for yourself.

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@DJH715

 

Oh by the way, in the original petition and any correspondence they have sent me they only reference their file number and never have referenced any account number supposedly that I had with GE Money. I don't think they even know a number.

 

If you don't mind, would you please post the allegations in the complaint?

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Sure BV80

Petition on Suit on Open Account

The petition of Precision Recovery Analytics, Inc. organized and doing business under the laws of the State of Texas shows:

1. [Name], and individual of the full age of majority, domiciled in the City of Slidell, State of Louisiana, is indebted unto Prescision Recovery Analytics, Inc. for the amount of $3,887.67 plus attorneys fees, interest, and the cost of these proceedings as more particularly set forth herein.

2. [Name] entered into an agreement with PRA (i'll abbreviate from now on) or its assignor whereby defendant was/were granted the right to obtain goods or services on open account through the use of a credit card. The original creditor is GE Money Bank Walmart Card. The agreement between the parties was further perfected by use of the credit card issued to defendant.

3. [Name] personally or through his or her authorized representative subsequently contracted for sales on open account and acquired goods and services on open account.

4. [Name] breached the Agreement by failing to make payments due on the Account pursuant to the terms of the Agreement.

5. PRA has met all requisites of LRS 9:2781 and the contract between the parties and is due attorney's fees for the prosecution and collection of this claim. Its is respectfully submitted that 25% is a minimum reasonable attorney's fee.

6. After all payments or credits the balance due, notwithstanding amicable demand is $3,887.67.

Wherefore petitioner prays for Judgment herein in favor of PRA and against defendant [Name] in the full sum of $3,887.67 plus legal interest from date of judicial demand, a minimum of 25% attorney's fees on the aggregate of principal and interest, for all cost of this suit and for all general and equitable relief.

[Attorney's Name & Address etc.

This was served with Requests for Admission of Facts by the Sheriff's office.

I answered the Petition where I acknowledged where I lives and lacked the knowledge or information to the truth of the allegation. I also stated my defenses and answered the Admission of Facts and filed these with the court.

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@DJH715

 

One more question (sorry).  What evidence have they provided so far?  It's possible you have some more objections.

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In August 2010 when I received the first collection letter from the attorney's office for their client PRA, I had no clue who this company was. They didn't even reference anything about GE Money Bank or Walmart or any account number, etc. only PRA and I supposedly owed $38XX to them. I had never heard of this company who is now asking me for $38XX. I wrote a DV letter right away and sent it CMRRR asking who they were and that I wanted copies of any documentation of what debt was owed to them, and how this amount was calculated and proof of ownership.

I received a letter back only stating the original creditor was GE Money Bank - Walmart card and an address. Nothing else and still no account number.

I wrote back again asking for validation again and referenced my original DV letter and once again asked for more proof which I sent CMRRR. Received nothing and then served with petition the next month by sheriff.

Every year since in February, I receive a collection letter stating if I'm due a tax refund to call and try to settle my account with them. They continue to computer call my home trying to collect for the past 3 years.

Prior to August 2010 I had not received one document from Precision Analytics and I'm wondering if the attorney's office (who is nationwide) doesn't in fact own the JDB.

They have never given me any documents. The only thing I get from them are collection letters and now the Discovery/Documentation request.

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@DJH715

 

@shellieh98 already pointed out that the validity of the account is in question, and she already pointed out that some of the requests assume facts not in evidence.

For #5 of the interrogatories, I might state:

Objection.  Assumes facts not in evidence. Plaintiff did not attach to its complaint any documentation establishing the existence of a GE Money Bank Walmart account and that any such account is allegedly owed by Defendant.  In addition, no original account number that was issued by GE Money Bank to the alleged account has been provided by Plaintiff either in their complaint or by documentation.

 

If I were the one being sued, I would include that objection to every request that references "your account" or "the account".

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Discovery and Production of Documents Web.pdf

Here are my Discovery questions and request for Documents that I have come up with so far. I have 10 Interrogatories and 9 Request for Documents. I need help I want to have alot more so its not easy for them. I've attached what I have so far.

Any help would be greatly appreciated on what else I can ask for.

Thanks all for what you've done.

I can request up to 35 of each.

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They look good to me. You will probably get a lot of objections to your requests, but that is expected, you may be able to use that against them later. They may send you a bill of sale, affidavit saying its true, one statement, a data sheet and affidavit saying its correct. Read some other threads on how you will dispute those so when the time comes you have an idea. Good job

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@DJH715

 

Look at interrogatory #6:

 

If you assert that the balance sued upon is incorrect, state the amounts you calculate is due, and state the facts that form the basis of assertion. Further, provide your calculation in your response. If you object to this Interrogatory or any portion of the Interrogatory, please state the specific details of your objection(s), and respond fully to any portion of the Interrogatory to which you do not object.

 

How can you answer a request about a balance when you don't know:

 

1.  To which account they're referring?  All you know is that this is ALLEGELY a GE Money Bank Walmart account but no account number has been provided.  What if you had more than one Walmart account?   What if you had an older Walmart account that might have been serviced by another bank instead of GE?   What if GE took over the accounts from that bank and new numbers and cards were issued?   Defendants need the last 4 numbers, at the very least.

 

2.  That the account exists?  What evidence have they provided?  They can't even provide an account number.

 

3.  That the alleged balance that they are claiming is actually recorded on any documentation?  Perhaps the amount they're claiming is the charge-off balance, but perhaps it's not.   The point is that you don't know because right now, all you have are their allegations that the account exists, is owed by you, and the balance is correct.

 

If it were me, I'd add "assumes facts not in evidence.  The existence and validity...etc.". 

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Limit is 35 questions and document requests.  Thanks so much for your help.

 

November 8th will be 3 years since they filed their suit.  SOL was 9/9/2009 but they filed suit in 2010 to preserve the SOL.  From what I understand this request from them for Discovery is to keep their suit from being abandoned for non activity over the past 3 years.  After I send them my answers and request discovery from them, what happens if they do not answer my request.  If after 30 days they do not respond do I then have to send a letter requesting they cooperate and if still no response do I have to file with the courts a Motion to Compel?  If they don't comply with that motion will I then be able to motion the court to dismiss the case with prejudice?

 

I would like to make sure I know the processes that I will need to do to get this thing thrown out.  I doubt they can produce any documents showing that they own this debt.

 

Be sure to ask them in writing for a 10.1 discovery conference prior to filing a motion to compel.  

 

Rule 10.1 Motions To Compel Discovery

 

(a) Before filing any motion to compel discovery, the moving party or attorney shall confer in person or by telephone with the opposing party or counsel for the purpose of amicably resolving the discovery dispute. The moving party or attorney shall attempt to arrange a suitable conference date with the opposing party or counsel and confirm the date by written notice sent at least five (5) days before the conference date, unless an earlier date is agreed upon or good cause exists for a shorter time period. If by telephone, the conference shall be initiated by the person seeking the discovery responses.

 

(
B)
No counsel for a party shall file, nor shall any clerk set for hearing, any motion to compel discovery unless accompanied by a ''Rule 10.1 Certificate of Conference'' as set forth below:

 

RULE 10.1 CERTIFICATE OF CONFERENCE

 

              I, the undersigned party or attorney, certify to the court as follows:

 

If discovery conference is held
:

 

              
The parties or    counsel personally conducted a conference on [insert date]. At this               conference,               there was a substantive discussion of every item presented to the court in this motion and,              despite their best efforts, the parties or counsel were unable to resolve the matters presented.

 

                                          Certified this ___ day of _________________, 20___.

 

                                          ___________________________________________

                                          Signature of Party or Attorney

 

 

If discovery conference is not held
:

              The moving party or counsel has personally attempted to contact the respondent or counsel             to arrange a conference to resolve the matters presented in this motion as follows:

 

              
[insert dates, times, methods of contact, and results here.]

 

              Respondent or counsel has failed to respond or failed to confer in good faith in an attempt             to resolve the matters presented.

 

                                          
Certified this ___ day of _________________, 20___.

 

                                          __________________________________________

                                          Signature of Party or Attorney

 

 © If the court finds that the parties or counsel have failed to confer in good faith, or have willfully failed to confer, the court may impose, at its discretion, sanctions on the non-conferring party, including attorney fees and costs.

Adopted April 1, 2002, effective April 1, 2002; amended November 20, 2009, effective January 1, 2010; amended November 21, 2011, effective January 1, 2012.

 

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Thanks Shelli, BV and CN for all your help! I will let everyone know how this goes. I'm hoping when I send my answers and my Discovery that they will realize that I'm going to fight them and they will just not answer my discovery. When they don't answer after 30 days I will send a certified letter asking them to answer and if after 30 days they don't answer still I will file a motion to dismiss with prejudice for lack of evidence. Crossing fingers!

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Holding the discovery conference in my opinion will help your case to dismiss.  It will show the courts that you have done all you could to get the information from them.  If they agree to the conference, write your uestions down ahead of time and make sure you keep the upper hand.  I believe they only have 15 days to respond to your discovery.  hold their feet to the fire and I bet you will get a dismissal. 

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