pampamk

In need of some direction, served, answered, received interrogatories

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1692i(a)(2):

 

(a) Venue

Any debt collector who brings any legal action on a debt against any consumer shall—

 

 

(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity—

(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.

 

If you didn't open the account in the county in which you were sued (A), then the debt collection attorney committed an FDCPA violation.  It's possible that the violation could extend to Portfolio Recovery.

 

But you need to speak to an attorney.  I'm not sure if that violation could be waived if you don't bring up or object to the venue.  If the violation can't be waived, you might have an FDCPA counterclaim.

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Well then it looks like you may have a few options, and a bit of thinking to do. There usually is more than 1 option you have. You have to consider all options and try to determine the best way to win your case, or drive them away.

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@racecar,  they sent something quite similar ~ Exhibit 3 toForward Flow Receivable Sale Agreement dated June 30th , 2010

 AFFIDAVIT OF SALE
        OF ACCOUNT
BY ORIGINAL CREDITOR
Commonwealth of Virginia, County of Goochland.

Jonathan Stalls being duly sworn, deposes and says:

I am over 18 and not a party to this action. I am the Senior Vice President of Capital One Bank (USA), National Association. In that position I am a custodian of the creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records.

On or about March 14th, 2011, Capital One Bank (USA), National Association sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One Bank (USA), National Association.
I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge.
Signed this 14th day of March 201 1 .

(Name of Affiant)

County of Goochland, to wit:    
 Commonwealth of Virginia
SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, Jonathan Stalls, who acknowledged before me his/her signature to the foregoing Affidavit.
Given under my hand and seal this 14th day of March, 2011

 

this ~

 

Bill of sale ~ Exhibit 1 to
Forward Flow Receivable Sale Agreement dated June 30th, 2010
BILL OF SALE Closing Date: March 14th, 2011

     Capital One Bank (USA), National Association ("Seller"), in consideration of a Purchase
Price of .    and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled                 (which may be in
electronic form) to Portfolio) Recovery Associates, LLC ("Buyer"), without recourse or representation except as expres'sly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below).

     This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 30th, 2010, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement.

     The Cutoff Date for the Sale File was March 9th , 2011. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was

 

CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION

Name. Jonathan Stalls

Title:  Recoveries SVP
EXHIBIT

 

 

and this ~

 

EXHIBIT 5 to Forward Flow Receivable Sale Agreement dated June 30th, 2010

CERTIFICATE OF CONFORMITY
CERTIFICATE OF CONFORMITY MADE PURSUANT TO
CPLR2309© and RPL 299-a

 

I, Jonathan Campbell, an attorney-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify that the acknowledgment upon the annexed affidavit was taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to the laws thereof.

IN WITNESS WHEREOF, I have hereunto set my signature, this //    day of


,Esq.
Jonathan Campbell
Attorney at Law, Copmonwealth of Virginia
 

 

I find it intersting both "witnesses" have the same first name with the same exact spelling...

 

I also feel I need to work on the interrogatories and admissions. I have posted the questions, hoping for help with the answers.

 

@shellieh98 did I lose you?

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@ needabailouttoo!  I totally get what you are saying, but I am thinking KS set up Chapter 61 mainly for my type of case. This is what I found regarding changing to Chapter 60... of course I may be intreperting it all wrong.. 61-2703: Definitions. As used in this act:

      (a)   "Small claim" means a claim for the recovery of money or personal property, where the amount claimed or the value of the property sought does not exceed $4,000, exclusive of interest, costs and any damages awarded pursuant to K.S.A. 60-2610 and amendments thereto. In actions of replevin, the verified petition fixing the value of the property shall be determinative of the value of the property for jurisdictional purposes. A small claim shall not include:

      (1)   An assigned claim;

      (2)   a claim based on an obligation or indebtedness allegedly owed to a person other than the person filing the claim, where the person filing the claim is not a full-time employee or officer of the person to whom the obligation or indebtedness is allegedly owed; or

      (3)   a claim obtained through subrogation.

      ( B)   "Person" means an individual, partnership, limited liability company, corporation, fiduciary, joint venture, society, organization or other association of persons.

There are also rules limiting to 20 suits filed per year by a single plaintiff, and this one has many more than that. And, states no attorneys allowed, unless acting on own behalf...

 

I just don't know.... what say you?

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@BV80  ~ that is what I am wondering. If I were to file a motion to dismiss due to wrong venue and send an intent to sue letter to the plaintiff if that might help me....

 

of course like @Anon Amos said, I think I want to stay in the county I am in. I truly don't know if it will be any better, but I do know it can't be any worse! and I am afraid if I do file a motion to dismiss, the judge would just transfer.

 

 

Ugh ~ ... I truly don't know what to do. I'm thinking if I have up until start of trial to make a motion to dismiss due to wrong venue, I should just hold off for now and play their little games, call their bluff so to speak, with your help of course, and see how far they are willing to go...  

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According to post #30:   #'s 1 & 3 are reasons why the court cannot rule in favor of plaintiff, or should dismiss it's claim regardless, of any venue concern.

 

Filing over 20 cases as you said is another one.

 

Merry Christmas.

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If you are concerned about a motion to dismiss just landing you in the other court (a valid concern), you could just go to trial and at the very beginning challenge their standing to sue., as you have 3 reasons right there alone why they do not have legal standing to sue, at least in that court. 

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@BV80

 

The petition reads: The plaintiff states the following claim:

1. The defendant is indebted to the plaintiff in the amount of $1790.

2. The oc is Capital One, account #xxxxxx.

Then states  plaintiff demands the pincipal amount, interest before judgement 10% per year from 10/2011, interest after judgement as allowed by law and costs.

 

BV80 can Pam plead under Virginia Code 8.01-248 with the two year SOL?

This is from a Florida case http://webcache.googleusercontent.com/search?q=cache:U0u9O8sLcs4J:www.nclc.org/images/pdf/unreported/Gelsey_Order.pdf+&cd=1&hl=en&ct=clnk&gl=us

 

Kansas applies the lex loci contractus doctrine and applies the law of the state where the contract is made. 

 

The Capital One "Customer Agreement" contains a choice of law provision which reads "Applicable law. This Agreement will be governed by Virginia law and federal law."

 
Virginia law concerning the applicable statute of limitations to this case.Virginia Code Section §8.01-246(2) provides In actions on any contract which is not otherwise specified and which is in writing and signed by the party to be charged thereby, or by his agent, within five years whether such writing be under seal or not; Virginia Code Section §8.01-246(4) provides in pertinent part In actions based upon any unwritten contract, express or implied, within three years.
 
Virginia Code Section §8.01-248 provides Every personal action accruing on or after July 1, 1995, for which no limitation is otherwise prescribed, shall be brought within two years after the right to bring such action has accrued.
 
"Breach of Contract" is governed by Virginia's three year statute of limitations. See Virginia Code Section §8.01-246(4). Virginia law provides that the statute of limitations is five years for a written contract signed by both parties, however, in order to fall within this category a contract must show "mutual assent between the parties as to all material terms of the deal" and "the terms and conditions of a contract must be 'reasonably' certain." See Union Labor Life Insurance Company v. The Sheet Metal Workers National Health Plan, 1991 U.S. 13613 (D.C. Dis!. 1991) (court dismissed breach of contract claim for failure to state a cause of action and applied the three year statute of limitations for quantum meruit and unjust enrichment claims), ARCD Corporation v. Hogan; 656 So.2d 1371 (Fla. 4th DCA 1995) (Florida courts apply the statute of limitations for unwritten contract where the "written instrument is 'a link in the chain of evidence to prove the cause of action' but does not on its face establish all of the elements of plaintiffs claim."), See also Portfolio Recovery Associates. LLC v. Fernandes, 13 Fla.L.Weekly Supp. 506a (Circuit Court, 151h Judicial Circuit (Appellate) in and for Palm Beach County, Florida) (the Cardholder Account and Security Agreement alone introduced at trial would not be enough to establish liability and the action is not founded on a written instrument for purposes of the statutes of limitations).
 
"Account Stated" is governed by either Virginia's three year statute of limitations contained in Virginia Code Section §8.01-246(4) or the lesser two year statute of limitations because it is not a claim founded on a signed, written agreement as is provided above. See Virginia Code Section §8.01-248.
 
"Quantum Meruit" and is governed by Virginia's two year statute of limitations. See' Virginia Code Section §8.01-248. See also Tao of Systems Integration. Inc. v. Analytical Services & Materials. Inc. ;299 F.Supp. 2d 563 (E.D. Va. 2004), Union Labor; supra and Portfolio, supra.In RMT Tech, the Fourth Circuit Court of Appeal held pursuant to Virginia law the determination of the applicable statute of limitations is a procedural question and governed by Virginia law even when the parties contract to have the laws of another state apply to litigation. Therefore, if the parties contract to apply Virginia law, the Virginia courts have determined this is a procedural question to be determined by Virginia law.

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Nope didn't lose me. I would file the motion to dismiss for wrong venue. If the judge just transfers the case, I would then answer it with a counter claim for the fdcpa violation, giving you leverage. If the judge dismisses, you are free and clear, the sol is done.

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@racecar

 

That's a good case, Racecar, but it could be difficult to use a Florida case to determine Virginia law in a Kansas court. :-)

The only way I believe that 8.01-248 could apply here would be if there's no proof that the OP made payments on the account.  If the JDB can prove payments, you have a contract.

Also, this is noted in Footnote #2 in a VA Supreme Court Case (Flory Small Bus. Dev. Ctr. v. Commonwealth, 261 Va. 230, 541 S.E.2d 915 (2001)):
 
The Center's claims of express oral promise and account stated are contract claims, not claims based on theories of quasi-contract.

 

Now, the issue would be 5 year SOL (written contract) vs. 3 years (unwritten, implied contract).

8.01-246(2), the five-year limitation for contracts in writing specifies that the writing must be signed by the party to be charged.  Since credit card agreements are not signed, the logical conclusion would be that the 3-year SOL provided for in 8.01-246(4) would apply.

 

Where a written contract is silent on a matter controlled by statute, the statutory requirement becomes an unwritten term of the contract implied in law.  Harbour Gate Owners' a$$'n v. Berg, 232 Va. 98, 348 S.E.2d 252, 257 (1986)(citing Atlantic Coast Line R. Co. v. Va. Mfg. Co., 119 Va. 5, 8, 89 S.E. 103, 104 (1916)). Such unwritten implied contracts are governed by the three-year limitation of Code § 8.01-246(4) (former Code § 8-13).Id

 

8.01-246(2) is a statute.  I would argue that the credit card agreement is silent on the issue of a signature.  Therefore, the 3-year SOL became an unwritten term of the contract implied in law rendering the agreement an unwritten implied contract governed by § 8.01-246(4).

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Kansas applies the lex loci contractus doctrine and applies the law of the state where the contract is made. 

 Florida courts apply the lex loci contractus doctrine also.

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What if you attack the plaintiffs standing to sue and the court lacking subject matter jurisdiction?

Without standing to sue the court does not have subject matter jurisdiction.

If their affidavits and assignments are improper then they have so standing to sue. I have not seen their affidavits or other evidence but I bet it lacks subject matter.

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@racecar,  they sent something quite similar ~ Exhibit 3 toForward Flow Receivable Sale Agreement dated June 30th , 2010

 AFFIDAVIT OF SALE

        OF ACCOUNT

BY ORIGINAL CREDITOR

Commonwealth of Virginia, County of Goochland.

Jonathan Stalls being duly sworn, deposes and says:

I am over 18 and not a party to this action. I am the Senior Vice President of Capital One Bank (USA), National Association. In that position I am a custodian of the creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records.

On or about March 14th, 2011, Capital One Bank (USA), National Association sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One Bank (USA), National Association.

I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge.

Signed this 14th day of March 201 1 .

NOTHING in this affidavit specifically mentions that your debt was contained in said portfolio that was sold to the plaintiff, It is moot and establishes no facts that pertain to plaintiffs allegations.

(Name of Affiant)

County of Goochland, to wit:    

 Commonwealth of Virginia

SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, Jonathan Stalls, who acknowledged before me his/her signature to the foregoing Affidavit.

Given under my hand and seal this 14th day of March, 2011

 

this ~

 

Bill of sale ~ Exhibit 1 to

Forward Flow Receivable Sale Agreement dated June 30th, 2010

BILL OF SALE Closing Date: March 14th, 2011

     Capital One Bank (USA), National Association ("Seller"), in consideration of a Purchase

Price of .    and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled                 (which may be in

electronic form) to Portfolio) Recovery Associates, LLC ("Buyer"), without recourse or representation except as expres'sly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below).

     This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 30th, 2010, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement.

     The Cutoff Date for the Sale File was March 9th , 2011. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was

Again nothing in this shows as a matter of fact that your alleged debt was contained in the sale of of the portfolio mentioned, moot gives no viable facts that prove anything other than a sale of a portfolio took place.

CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION

Name. Jonathan Stalls

Title:  Recoveries SVP

EXHIBIT

 

 

and this ~

 

EXHIBIT 5 to Forward Flow Receivable Sale Agreement dated June 30th, 2010

CERTIFICATE OF CONFORMITY

CERTIFICATE OF CONFORMITY MADE PURSUANT TO

CPLR2309© and RPL 299-a

 

I, Jonathan Campbell, an attorney-at-law admitted to practice in the Commonwealth of Virginia, do hereby certify that the acknowledgment upon the annexed affidavit was taken in the manner prescribed by the laws of the Commonwealth of Virginia and conforms to the laws thereof.

IN WITNESS WHEREOF, I have hereunto set my signature, this //    day of

,Esq.

Jonathan Campbell

Attorney at Law, Copmonwealth of Virginia

 

 

I find it intersting both "witnesses" have the same first name with the same exact spelling...

 

I also feel I need to work on the interrogatories and admissions. I have posted the questions, hoping for help with the answers.

 

@shellieh98 did I lose you?

These affidavits fail to prove anything other than a sale of a portfolio took place.

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AFFIDAVIT OF SALE

        OF ACCOUNT

BY ORIGINAL CREDITOR

Commonwealth of Virginia, County of Goochland.

Jonathan Stalls being duly sworn, deposes and says:

I am over 18 and not a party to this action. I am the Senior Vice President of Capital One Bank (USA), National Association. In that position I am a custodian of the creditor's books and records, and am aware of the process of the sale and assignment of electronically stored business records.

On or about March 14th, 2011, Capital One Bank (USA), National Association sold a pool of charged-off accounts (the Accounts) by a Purchase and Sale Agreement and a Bill of Sale to Portfolio Recovery Associates, LLC. As part of the sale of the Accounts, electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One Bank (USA), National Association.

I am not aware of any errors in these accounts. The above statements are true to the best of my knowledge.

Signed this 14th day of March 201 1 .

 

 

The above affidavit from the OC states that "...electronic records and other records were transferred on individual Accounts to the debt buyer. These records were kept in the ordinary course of business of Capital One Bank (USA), National Association."

 

The JDB could try to use that to authenticate Cap1 billing statements as required by the business records exception in your rules of evidence.   However, the affidavit would only authenticate documents that were included at the time of sale of the portfolio.  It would not authenticate any records the JDB obtained from the OC after the sale.

 

1.  The bill of sale doesn't reference you or the alleged account.

 

2.  The affidavit does not specify WHICH records in connection with each account were transferred to the debt buyer at the time of the sale of the portfolio.  This would apply to any Cap1 billing statements the JDB tries to submit. 

 

3.  Since the bill of sale doesn't prove the account in question was included in the sale of accounts and doesn't specify which records were included with each account, I'd argue that any records submitted by the JDB are unauthenticated, inadmissible hearsay.

 

The  JDB would have to prove your account was included in the sale and that any billing statements they try to submit were included with sale of the account in order for those statements to be authenticated by Cap1's affidavit.

 

Bill of sale ~ Exhibit 1 to

Forward Flow Receivable Sale Agreement dated June 30th, 2010

BILL OF SALE Closing Date: March 14th, 2011

     Capital One Bank (USA), National Association ("Seller"), in consideration of a Purchase

Price of .    and other valuable consideration, the receipt of which is hereby acknowledged, hereby sells, assigns and transfers all right, title and interest in the Accounts identified in the Sale File entitled                 (which may be in

electronic form) to Portfolio) Recovery Associates, LLC ("Buyer"), without recourse or representation except as expres'sly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below).

     This Bill of Sale is delivered pursuant to that certain Forward Flow Receivable Sale Agreement, dated as of June 30th, 2010, by and between Seller and Buyer (the "Agreement"). All capitalized terms used, but not defined, in this Bill of Sale shall have the meanings assigned to such terms in the Agreement.

     The Cutoff Date for the Sale File was March 9th , 2011. The aggregate Unpaid Balance of the Accounts as of the Cutoff Date was

 

CAPITAL ONE BANK (USA), NATIONAL ASSOCIATION

 

 

That document references the forward flow agreement and the fact that the accounts are "without recourse or representation except as expres'sly provided herein or on the terms, and subject to the conditions, set forth in the Agreement (as defined below). " 

 

Without representation?  Does that mean that Cap1 does not represent that every account is valid or that the documentation in connection with each account is accurate?

 

Go back to the first affidavit.  The affiant does not state that the records that were included with the sale are correct.  In fact, he/she states "I am not aware of any errors in these accounts."  That's not a definite statement as to the accuracy of the accounts.

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Hello! I have been trying to get back here, we were hit with the ice storm. I still have only intermittent internet. I will probably lose service several times throughout my typing this. I am getting anxious as I know time is of the essence and I am not where I should be in getting things done. I think I will file a motion to dismiss for improper venue first. Maybe if the judge doesn't dismiss, I will have the option to just stay where I am. I have been searching and searching for the proper form to use. I came up with this: Motion to Dismiss(7/1/05)

[CAPTION]

MOTION TO DISMISS under K.S.A. 60-212( B)

The (plaintiff) (defendant) (third-party plaintiff) (third-party defendant) moves the Court to dismiss the (petition) (counterclaim), (cross-claim) (third-party petition) under K.S.A. 60-212( B), as follows:
The Court lacks jurisdiction over (the subject matter) (the person) because [state reasons why the Court lacks jurisdiction].
The venue is improper because {state reasons why the venue is improper}. (The process is insufficient) (The service of process is insufficient) because [state reasons why the process and/or service of process is insufficient].
The petition fails to state a claim upon which relief can be granted because [state reasons why the claim is insufficient].
Parties needed for just adjudication have not been joined as required under K.S.A. 60-219.
WHEREFORE, (plaintiff) (defendant) (third-party plaintiff) (third-party defendant) moves the Court to dismiss the (petition) (counterclaim), (cross-claim) (third-party petition) for the reasons stated.
(Signature of attorney)
(Name), Attorney for (party)
Bar Registration Number
Address
Telephone
[Facsimile number]
[Email address]
Authority
K.S.A. 60-212.

What do you think? I have no earthly idea as to the correct wording. I'm assuming I want to make mention of the FDCPA law concerning filing in correct venue? How about lack of due diligence in confirming correct venue, they were just tolling the SOL? I will try to get back on asap... Thanks so much for all of the help, it is sooooo appreciated!

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I also want to get to work on the interrogatories, the questions are posted in an earlier post, any help with the answers would be most appreciated....

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You would need to check your rules to see if you can file an amended answer, object to the venue, and file a counter claim for sol. While it is true they filed in 2012, that case was dismissed, reinstated over a year later when the sol was done. I do not believe the sol was tolled just because it was reinstated or the jdb's would be doing that all over the place, file, dismiss and reinstate at their leisure. If you do that it will also give you leverage.

You are getting a lot of differing opinions, I really don't know which way would be best, but I am not sure you can do a motion to dismiss after an answer, for improper venue, they may just transfer the case. If you amend your answer you could include the counter claim, gives you more leverage than filing it as a separate case.

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any and all exhibits.  Please see the accompanying letter addressed to debtor and/or counsel, identifying the full credit card account number which is the subject of this litigation.

INTERROGATORIES

1. Please provide the following information:
Full legal name and date of birth; Social security number; Current address, e-mail address, and telephone number;
Current place of employment, including address, and telephone number of employer; and Driver's License number and State issued from.
ANSWER:

 

2. Please state whether or not you have ever had a Capital One Bank, N.A. credil card with an account #xxxx xxxx xxxx 1234, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A".
ANSWER:

 

3. Please reply with either a "yes" or "no" answer as to whether or not you have made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx 1234. which is the subject of this litigation.
ANSWER:

 

 

4. Please reply with either a yes or "no" answer as to whether or not you have made any payments on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx 1234, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A".
ANSWER:

 

5. Please reply with either a "yes" or "no" answer as to whether or not you made at least your minimum monthly payment every month as required on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx 1234, which is the subject of this litigation.
ANSWER:

 

6. If you deny Request for Admissions No. 2 below, please state the amount you contend the balance should be on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx1234, which is the subject of this litigation.
ANSWER:

 

7.Please state the basis of your dispute of this claim?

8. Please respond with either a "yes" or "no" that you acknowledge that a letter of explanation addressed to you accompanied this discovery which set forth the entire credit card account number, which is the subject of this litigation.
ANSWER:

 

9. Please reply with either a "yes" or "no" answer as to whether or not the last payment you made on your Capital One Bank, N.A. credit card acct #xxxx xxxx xxxx 1234, which is the subject of this litigation, was in the amount of $00.00 on 07/15/2010, as evidenced by the statement dated Jun. 19 - Jul. 18, 2010, attached and marked as Exhibit "A".
ANSWER:

 

10. Please reply with either a "yes" or "no" answer as to whether or not you made any charges on your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx1234, which is the subject of this litigation, as evidenced by the statements, attached and marked as Exhibit
"A".
ANSWER:

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REQUEST FOR ADMISSIONS
Please take further notice, pursuant to K.S.A. 61-3101, that plaintiff serves upon the defendant these written Request for Admissions. The subject matter of each request is admitted unless, within fourteen (14) days after service of these requests, defendant serves upon plaintiff a written answer or objection thereto.
An answer to the Request for Admissions shall specifically admit or deny the matter 01 set forth in detail the reasons why defendant cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that defendant qualify an answer, or deny only a part of the matter of which the admission is requested, defendant shall specifically admit so much as true and qualify or deny the remainder. Defendant may not give lack of information or knowledge as a reason foi failure to deny unless defendant states that defendant has made reasonable inquiry and that the information known to or readily obtainable by defendant is sufficient to enable defendant to admit or deny.
Pursuant to Supreme Court Rule 123( B) only the last four digits of the credit card account number, which is the subject of this litigation, will be identified in this pleading and any and all exhibits. Please see the accompanying letter addressed to defendant and/oi counsel, identifying the full credit card account number which is the subject of this litigation.

REQUEST NO. 1
Admit that you currently have or have had in the past a Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx 1234, which is the subject of this litigation, as evidenced by the statements attached and marked as Exhibit "A". If you deny, please state your reasons.
ANSWER:

REQUEST NO. 2
Admit that you owe the sum of $1800 for your Capital One Bank, N.A. credit card debt incurred by you for account #xxxx xxxx xxxx 1234, as evidenced by the load data information sheet attached to the Bill of Sale, a copy of which is attached and marked as Exhibit "B". If you deny, please state your reasons
ANSWER:

 

REQUEST NO. 3
Admit that you have not paid the balance due and owing in the amount of $1800 on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx 1234, which is the subject of this litigation, to either Capital One Bank, N.A. or plaintiff. If you deny, please state your reasons.
ANSWER:

REQUEST NO. 4
Admit that pursuant to the Bill of Sale and Assignment of Assets and Affidavit of Sale of Account By Original Creditor, a copy of which is attached and marked as Exhibit "B", Capital One Bank, N.A. sold, assigned and conveyed your account to plaintiff, which is the subject of this litigation. If you deny, please state your reasons.
ANSWER:

REQUEST NO. 5
Admit that you understood from the time your Capital One Bank, N.A. credit card account was opened that you were required and obligated to repay all loans represented as charges, balance transfers and/or cash advances you incurred on said credit card account pursuant to the cardmember agreement, which accompanied the credit card. If you deny, please state your reasons.
ANSWER:

REQUEST NO. 6
Admit that because you used your Capital One Bank, N.A. credit card you could be subject to and responsible to pay finance charges (interest), over the limit and/or late charges under certain circumstances as stated in your cardmember agreement and monthly statements (Exhibit "A"). If you deny, please state your reasons.
ANSWER:

 

REQUEST NO. 7
Admit that you currently reside at or had an address in the past of xxxxxxxxxxxxx as listed on the statements attached and marked as Exhibit "A" If you deny, please state your reasons.
ANSWER:

REQUEST NO. 8
Admit that the last payment you made on your Capital One Bank, N.A. credit card, account # xxxx xxxx xxxx 1234, which is the subject of this litigation, was on or aboul 07/15/2010, in the amount of $25.00, as evidenced by the statement dated Jun. 19 - Jul. 18; 2010, a copy of which is attached and marked as Exhibit "A". If you deny, please state your reasons.
ANSWER:

REQUEST NO. 9
Admit that you used or authorized the use of your Capital One Bank, N.A. credit card, acct #xxxx xxxx xxxx 1234, which is the subject of this litigation. If you deny, please state your reasons.
ANSWER:

 

REQUEST NO. 10
Admit that you made charges on your Capital One Bank, N.A. credit card, account #xxxx xxxx xxxx1234, as evidenced by the statements, a copy of which is attached and marked as Exhibit "A". If you deny, please state your reasons.
ANSWER:

CERTIFICATE OF SERVICE
I, MB hereby certify that an original and two copies of the above and foregoing Plaintiffs First Combined Interrogatories and Request for Admissions to be answered by defendant was deposited in the U.S. Mail, postage prepared at Lyndon, KS on this 11th day of December, 2013, addressed to the following person:
My Name
 My Address
 Defendant Pro Se.
 

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Perhaps I'll just answer my rogs and see what happens, from what I can find on filing for improper venue I have up until start of a trial to make a motion...   or so I think...

 

61-3408: Time for objection to venue. Objection to the venue of an action shall not be allowed except on timely motion made and for grounds established before trial of the action is commenced on the merits.

      History:   L. 2000, ch. 161, § 44; Jan. 1, 2001.

 

So I guess I should send my answers as soon as I can...

 

What should I ask them for in return???  I know I should ask for complete contract but how should I word it?

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