joe wilson

Being sued by JDB in kentucky, Need all the help i can get

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also my admissions to the plaintiff do these look good?????

 

 

 

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

 

6. Plaintiff holds to the contract set forth by the Original Creditor and to the statute of limitations of  3 Years as agreed by this contract.

___ADMIT ___DENY 

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DOCUMENTS TO BE PRODUCED

 

1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence.
2. The alleged credit application from Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999 bearing the defendant’s signature;

3. The alleged credit agreement from Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999 that states interest rate, grace period, terms of repayment, et cetera;

4. Itemized statements or credit card statements from Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999 that demonstrate how the alleged amount of $1000.00 was calculated;
5. A contract, agreement, assignment, or other means demonstrating that Midland Funding LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
6. Letter(s) sent to defendant by Midland Funding LLC, demonstrating an attempt to collect on the alleged debt, Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;
8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;
9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;
10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).
11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);
12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;
13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (MIDLAND Acct#) 99999999 and (XXXXX Acct#) 999999999999999;

14. Any and all documents, notes, memoranda, or likewise, be they handwritten, computerized, or typed, that the Plaintiff will bring forth as evidence for this suit.

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What happened to everyone??? I really could use some advise before I mail this and am running out of time?????

right or wrong good or bad It will have to be mailed today..

 

 

 

INTERROGATORIES

 

  1. State the names and addresses of all persons who have knowledge of any

facts relating to the case.

 

  1. Identify all documents that may relate to this action, and attach copies of

such document.

 

  1. 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.

 

  1. Identify all correspondence between plaintiff and the defendant or its

representatives, and attach copies.

 

 

  1. 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.

 

  1. 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; in addition, please consult R. 4:10-2(e)(1) concerning

withholding any information.]

 

 

  1. 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.

 

  1. Attach a copy of all Records in your possession concerning the Account.

 

  1. Identify each request you sent to either the Original Creditor or assignee of the

Account for either a Record or information about the Account.

 

  1. Attach a copy of each request identified in your response to Interrogatory #11.

 

  1. Attach a complete copy of the response you received for each request identified

in your response to Interrogatory #11.

 

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

 

  1. Explain any difference between the Account’s charge off balance and the balance

on the Account’s last billing statement.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. For each Sworn Statement, state whether you have the version which contains

the Declarant’s original signature.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. Were there written terms and conditions (card member agreement) which governed the Account.

 

 

  1. Was it agreed upon in the written agreement that it would only be governed by a specific state and there laws.

 

 

  1. 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.

 

  1. 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.

 

  1. 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.

 

  1. What is the full name, job title and work address of the Natural Person who

certified the answers to these interrogatories on your behalf?

 

 

REQUESTS TO ADMIT FACTS

The Defendant requests that the Plaintiff answer the following requests to admit facts pursuant to, and in accordance with, Kentucky Rules of Civil Procedure 36. If the Defendant objects to any requested admission, the reasons therefore shall be stated. The Defendant's answer shall specifically admit or deny the requested admission, or set forth in detail the reasons why the Defendant cannot truthfully admit or deny the requested admission. A denial shall fairly meet the substance of the requested admission, and when good faith requires that the Defendant qualify an answer or deny only a part of the matter of which an admission is requested, the Defendant shall specify so much of it as is true and qualify or deny the remainder, again detailing the specificity of the denial or the part thereof.

 

 

 

 

 

ADMISSION REQUESTS

 

Fact No. 1

 

1. Admit Plaintiff has no personal knowledge as to the mailing by the Original Creditor to

Defendant of any written agreement governing the Account.

___ADMIT ___DENY

 

Fact No. 2

 

2. Admit Plaintiff has no personal knowledge as to the mailing by the Original Creditor to

Defendant of any billing statement for the Account.

___ADMIT ___DENY

 

Fact No. 3

 

3. Admit 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

 

 

Fact No. 4

 

4. Admit 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

 

 

Fact No. 5

 

5. Admit 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

 

Fact No. 6

 

 

6. Admit Plaintiff holds to the contract set forth by the Original Creditor and to the statute of limitations of  3 Years as agreed by this contract.

___ADMIT ___DENY

 

Fact No 7

 

7.  Admit that you did not provide any Goods or Services to the Defendant.

___ADMIT ___DENY

 

Fact No. 8

 

8. Admit that Plaintiff is not the Original Creditor on the alleged account at issue.

___ADMIT ___DENY

 

Fact No. 9

 

9. Admit that Plaintiff did not enter into any contract with Defendant.

___ADMIT ___DENY

 

 

Fact No. 10

 

10. Admit that you obtained your rights to the alleged account at issue through an assignment.

 

___ADMIT ___DENY

 

 

Fact No. 11

 

11. Admit that you obtained your rights to the alleged account at issue through an assignment.

 

___ADMIT ___DENY

 

Fact No. 12

 

 

12. Admit that the account that is the subject of this lawsuit is governed by a written contract
between the original creditor and defendant.

___ADMIT ___DENY

 

Fact No. 13

 

13. Admit that the terms and conditions for that account that is the subject of this lawsuit are set forth in a card member  agreement.

___ADMIT ___DENY

 

Fact No. 14

 

14. Admit that no employee, agent or representative of Plaintiff is a custodian of records for the Original Creditor on the account at issue in this lawsuit.

___ADMIT ___DENY

 

Fact No. 15

 

15. Admit that the last payment received on this alleged account was received more than three years
before the date you filed suit.

___ADMIT ___DENY

 

 

Fact No. 16

 

16. Admit that the alleged breach of contract that is the basis of this lawsuit occurred more
than 
three years before the date on which you filed suit.

___ADMIT ___DENY

 

 

Fact No. 17

 

17. Admit that the original creditor sold or assigned the debt with a disclaimer of warranty.

___ADMIT ___DENY

 

Fact No. 18

 

 

18. Admit that you did not review the original creditor's business records associated with this
account prior to your decision to purchase the account.

___ADMIT ___DENY

 

 

 

 

 

 

 

 

 

DOCUMENTS TO BE PRODUCED

 

1. ALL documents evidencing any communication between Plaintiff and Defendant in connection with the Agreement described in Plaintiff’s Petition, including letters and correspondence.

2. The alleged credit application from Account (GE Retail Bank/Lowe's Consumer, Acct#)  xxxxxxxxxxx bearing the defendant’s signature;

3. The alleged credit agreement from Account  (GE Retail Bank/Lowe's Consumer,  Acct#)xxxxxx. that states interest rate, grace period, terms of repayment, et cetera;

4. Itemized statements or credit card statements from Account  (GE Retail Bank/Lowe's Consumer,  Acct#) 7xxxxxxxxxxx that demonstrate how the alleged amount of xxxxxx.90.00 was calculated;

5. A contract, agreement, assignment, or other means demonstrating that Cavalry SPV I LLC, had the authority and capacity, and was legally entitled to collect on the alleged debt from Account Number (GE Retail Bank/Lowe's Consumer,  Acct#) xxxxxxxxx.;

6. Letter(s) sent to defendant by Cavalry SPV I LLC,  demonstrating an attempt to collect on the alleged debt, Account Numbers (GE Retail Bank/Lowe's Consumer,  Acct#) xxxxxxxxx.;

7. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

8. Any and all further documents that you believe establish that plaintiff had an outstanding account or debt related to Account Numbers (GE Retail Bank/Lowe's Consumer,  Acct# xxxxxxxx;

9. Any further documentation, beyond what has been previously requested, that clearly establishes defendant’s liability and/or responsibility to the alleged debt;

 

 

10. Any and all written communication, received by the plaintiff and/or plaintiff’s attorney from the defendant, regarding the reporting of the alleged account to any credit reporting agency, as well as plaintiff’s and/or plaintiff’s attorney accessing of defendant’s credit report(s).

11. Any and all communications from plaintiff and/or plaintiff’s attorney to the defendant explaining why plaintiff and/or plaintiff’s attorney may have reported the alleged debt to any credit reporting agency, as well as obtaining defendant’s credit report(s);

12. Any and all credit report(s) plaintiff and/or plaintiff’s attorney obtained from any credit reporting agency concerning the defendant;

13. Any and all notes, memoranda, or likewise, be they handwritten, computerized, or typed, regularly kept in the normal transaction and business of collecting debts, that relate to the defendant and/or Account Numbers (GE Retail Bank/Lowe's Consumer,  Acct#) 7 xxxxxxxxx;

 

14. Any and all documents, notes, memoranda, or likewise, be they handwritten, computerized, or typed, that the Plaintiff will bring forth as evidence for this suit

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