clvd

HELP WITH REQUEST OF PRODUCTION !

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I been sue by Capital one bank , I got the request for productions , i have no idea how to answer any help will be appreciate thank you .

 

 

1. All DOCUMENTS containing proof of payments not properly credited to Defendant's  CAPITAL ONE BANK ( USA ) , N.A credit card account with Plaintiff which is the subject matter of this lawsuit.

 

2. All copies of cancelled checks , money orders or other payments made to Plaintiff made by Defendant or someone on her behalf but nor properly credited to the Defendant's CAPITAL ONE BANK ( USA ) , N.A credit card which is the subject matter of this lawsuit .

 

3. Any and all written communications and/or DOCUMENTS from Defendant or someone on his behalf to Plaintiff alleging to or relating to any dispute relating to or arising from any of the transactions included on monthly statements sent by Plaintiff for the subject account .

 

4. Any and all written communications and / or DOCUMENTS received by Defendant from Plaintiff in response to any alleged dispute relating or arising from any of the transactions included on monthly statements sent by Plaintiff for the subject CAPITAL ONE BAN ( USA )credit card 

 

5. Five signature samples which are more than one year old , accepted examples include , but are not limited to 

 

   a. A state driver's license

   b. A state Identification card ; and

   c. A voter's registration identification card 

 

 

6. DOCUMENTS providing Defendant[s addresses for the past ten years 

 

 

 7. Copies of any and all correspondence which in any way pertain to this action and that were sent to , or received from , plaintiff 

 

8. Copies of any and all documents signed by you and or Plaintiff pertaining to this action 

 

9. Copies of any and all documents deemed by your to constitute a contract or agreement between the parties 

 

10. Copies of any all documents that would support that you disputed the charges within sixty days of there appearance on your monthly statement as required by your cardholder agreement . 

 

11. Copies of any and all documents that would support any defense  , claim or contention asserted by your answer .

 

12. Please produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect 

 

13. Copies of any and all correspondence which is any way pertain to this action and that were sent to , or received from Plaintiff .

 

14. Copies of any and all documents your assert would support a denial of any Request for Admission of fact that your deny .

 

15. copies of your bank records for the four years prior to this lawsuit 

 

16. If you are disputing the amount owed , produce all DOCUMENTS to support your contention 

 

17. If your counted that Plaintiff is not the owner of the account , produce all DOCUMENTS that support your contention .

 

18. Produce your current credit report 

 

 

19 . Produce all documents you may rely upon as evidence in this action .

 

 

 

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thank you @BV80 for look at my questions i filed and AFFIDAVIT IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT 

 

________________________________________________________________________________________________

 

1. I am the defendant in this action

 

2. I filed and Answer and affirmative Defenses on or about December xx , 2xxx

 

3. In my answer , I denied that i entered into the credit card agreement attached to the plaintiff's complaint and I hereby continue to deny and dispute the existence of such agreement .

 

4. I further deny and dispute that i have failed to perform the terms of such agreement 

 

5. Any account relationship that i had with Capital one bank ( USA ) , N.A , was opened on or about April 1999 as shows on the credit card report attached hereto as EXHIBIT (A)  but the credit card agreement attached to the plaintiff's complaint is a 2005 form of and agreement .

 

6. I also deny and dispute that $9.460.68 is the current balance of any account agreement that I may have had with the plaintiff as the exhibit attached to the plaintiff's complaint shows a balance of $ 9.151,17 and there is not history of payments of allocation as to interest and attorney's fees to substantiate the total indebtedness , if any , owed on such account .

 

7. I also deny and dispute that the plaintiff has established that it is the owner of the subject account and that there has been no assignment of such account as the plaintiff has failed to file the original of the applicable credit card agreement in the court file .

 

8. I also continue to assert that the credit card agreement and related documents do not comply with the federal truth in lending regulations as I was never given the required disclosure documents 

 

9. As a result of the foregoing , it is the defendant's position that any pending motion summary judgment should be denied as there are clearly genuine issues of material fact and the plaintiff is not entitled to a judgment as a mater  of law .

 

 

 

_____________________________________________________________________________________________________

 

 

that was the answer then i had a hearing where capital one asked for a  PLAINTIFF'S MOTION FINAL JUDGMENT  this was DENIED 

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Here's my suggestions:

 

1.  None at this time.  Defendant is searching her records and will respond if any such records are located.

 

2.  Same as #1.

 

3.  Same

 

4.  None.

 

5.  Objection.  Plaintiff's request is rrelevant.

 

6.  Objection.  Plaintiff's request is overly burdensome and not likely to lead to the discovery of relevant information.

 

7.  Same as #1.

 

8.  None.

 

9.  None.

 

10.  Same as #1.

 

11  and 12.  Do you have any such documents?

 

13.  Isn't this one the same as #7?  If so, I might state "Asked and answered.  (See Request #7).

 

14.  Do you have any such documents.
 

15.  This request is relevant, and they could motion to compel your bank records.  Did they include any credit card statements that show payments?  If so, would those payments be reflected on your bank statements?

 

16.  Do you have any such documents.

 

17.  Are you sure you're being sued by the original creditor?  If this is the original creditor, there would be no documents to support that they don't own the account.

 

18.  What does your current credit report show for Citibank?  Is that the one you already provided?

 

19.  If you've already provided everything, say so.

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Clvd,

 

I am not from Florida so this should be considered general guidance.  Apparently you beat a Motion for Summary Judgement or Motion for Final Judgement, which means they didn't supply the court with enough authenticated evidence to support their claim.  In most instances the next step is to gather more evidence or ask for evidence from the otherside to make the case.  Thus they are asking for documents from you...

 

You will need to check your rules of civil procedure to understand timing and what objections could be available to you.

 

Generally, anything that starts with " All Documents or Any and All Documents" may be considers overly broad and burdensome as a possible objection. So in a good number of these you might object as to overly broad and burdensome, and after a diligent search the defendant has no documents at this time.  Discovery is ongoing.  (There are examples floating around for this type of objection, plus check RCP)

 

You do need to review each one carefully, because you reference your credit report and supply it as an exhibit in your answer, so this would need to referenced or given a second time.

 

Finally, anything that you can supply to bolster your contention you produce. It appears that there are some RFA's as they are mentioned in the RFPOD, so be mindful, of your answer to the RFA's.

 

Best of Luck

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@skippy1960 @BV80

 

i found yesterday one old document about this credit card and i noticed that the account number which one they are referring to in the lawsuit is  different to the one i have in my records  . they refer to this number as " Account number " so i am not sure if they are maybe referring to credit card number which one i had not any record at all .

 

so the account number is different to the statement to the one on the law suit and credit report .

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@clvd

 

Did they provide any credit card statements?   If so, what did they show?

 

What account number are they reporting on your credit report?  The one from your records or the one in the complaint?

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Congrats on  beating that MSJ. Are they suing on account stated?  They want to show you made payments on your credit card statements.  This is the leading  account stated case that FL trial courts rely on.  It was won by plaintiff.  

 

http://scholar.google.com/scholar_case?case=1033531272883273502&hl=en&as_sdt=40005&sciodt=4,10

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@clvd

 

Did they provide any credit card statements?   If so, what did they show?

 

What account number are they reporting on your credit report?  The one from your records or the one in the complaint?

 

They provided one statement, maybe was the last statement before write off, and the Account number they used on the complaint is the same as the credit report

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Congrats on  beating that MSJ. Are they suing on account stated?  They want to show you made payments on your credit card statements.  This is the leading  account stated case that FL trial courts rely on.  It was won by plaintiff.  

 

http://scholar.google.com/scholar_case?case=1033531272883273502&hl=en&as_sdt=40005&sciodt=4,10

 

I do not see that the complaint mentions 'account stated, says Breach of credit card agreement, and they included a agreement from 2005, when in fact the account was opened in 1999

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I would open a new bank account somewhere else.

 

I would answer most just like below for this reason.

You must make a good faith effort and make a diligent search and reasonable inquiry to obtain any documents requested.

 

You can not produce documents you don't have.

 

This covers it pretty well and gives them nothing.

 

Response: The Defendant has made a good faith effort in trying to obtain any documents responsive to the request. After a diligent search and a reasonable inquiry was made in an effort to comply with this Request, there are no documents within Responding Party's possession, custody, or control, Responding party is currently unable to comply with this demand because such documents have never been in the possession, custody, or control of Responding Party. Discovery is on going and defendant reserves the right to supplement this response should additional documents become available.
 

 

 

Objection, this request is not relevant to the subject matter involved in the pending action and is not reasonably calculated to lead to the discovery of admissible evidence. Without waiver of such objection the Defendant states he/she do not have the requested documents in his/her possession.

 

 

Objection, this request calls for the production of documents which are publicly available or otherwise equally available and/or uniquely available or equally available from third parties; insofar as it calls for the production of documents that do not specifically refer to the events which are the subject matter of this litigation; and insofar as it calls for the production of documents which are neither relevant to the subject matter of this litigation nor reasonably calculated to lead to the discovery of admissible evidence. Without waiver of such objection the Defendant states he/she do not have the requested documents in his/her possession.

 

 

 

 

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Here's my suggestions:

 

1.  None at this time.  Defendant is searching her records and will respond if any such records are located.

 

2.  Same as #1.

 

3.  Same

 

4.  None.

 

5.  Objection.  Plaintiff's request is rrelevant.

 

6.  Objection.  Plaintiff's request is overly burdensome and not likely to lead to the discovery of relevant information.

 

7.  Same as #1.

 

8.  None.

 

9.  None.

 

10.  Same as #1.

 

11  and 12.  Do you have any such documents?

 

13.  Isn't this one the same as #7?  If so, I might state "Asked and answered.  (See Request #7).

 

14.  Do you have any such documents.

 

15.  This request is relevant, and they could motion to compel your bank records.  Did they include any credit card statements that show payments?  If so, would those payments be reflected on your bank statements?

 

16.  Do you have any such documents.

 

17.  Are you sure you're being sued by the original creditor?  If this is the original creditor, there would be no documents to support that they don't own the account.

 

18.  What does your current credit report show for Citibank?  Is that the one you already provided?

 

19.  If you've already provided everything, say so.

 

 

15. The bank account in question was closed 4 years a go and my current bank account is only 1 year old , the one statement they sent me with the complaint , does not show any payments by me .

 

17.No i am not sure in fact there is a good possibility i am not even though the complaint shows the plaintiff as capital one , however the attorneys are known debt collectors 

 

18 . I produced 1 page of a credit report showing only the plaintiff's line " capital one " 

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@clvd

 

15. The bank account in question was closed 4 years a go and my current bank account is only 1 year old , the one statement they sent me with the complaint , does not show any payments by me .

 

Would your bank records for the bank at which the account was closed 4 years ago still be available? 

 

17.No i am not sure in fact there is a good possibility i am not even though the complaint shows the plaintiff as capital one , however the attorneys are known debt collectors

 

Check Cap1's entry on your credit report.  If it doesn't indicate that the account has been sold or transferred or if Cap1 is still updating, then Cap1 still owns the account.

 

  18 . I produced 1 page of a credit report showing only the plaintiff's line " capital one "

 

If that was from your current credit report, I'd answer that it's already been provided.

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