Hoosier46060

Help in Indiana with Answering Cavalary SPV Admissions

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In a similar and previous post, I stated that Cavalry SPV I, LLC is suing me.

I received a Request for Admissions about two weeks ago.

The Certificate of Service is dated December 27, 2013.

As stated in my previous post, my mail is currently being forwarded to an out-of-state address as I have been caring for my sick father.

Included was a cover letter and disc (pursuant to Indiana Trial Rule 26(A)).

Please find the information filed with the court, a list of submitted documents, and my first attempt at answering Admissions #1-10.

Once again,  I could really use reassurance and assistance.

Thank You in Advance,

Hoosier46060

 

 

PLAINTIFF’S FIRST REQUESTS FOR ADMISSIONS TO DEFENDANT(S)

 

     The defendant, Hoosier46060, is requested to admit the truth of each of the statements or facts hereinafter stated, or that each of the documents attached hereto, an as marked, are genuine.

     A. This request is made in pursuant to Rule 36 of the Indiana Rules of Trial Procedure and each of the matters of which admission is requested shall be deemed admitted, after the expiration of thirty (30) days, unless your statement in compliance with such rule is timely made. If you do not admit each of such statements, you must specifically deny each one not admitted or set forth in detail the reasons why you cannot truthfully either admit or deny each such matter.

     B. Your signed, written answers must be served upon the undersigned attorney of record for plaintiff within thirty (30) days after delivery proof.

     C. If you fail or refuse to admit the truth of any such statement of fact and the plaintiff thereafter proves the truth thereof, you may be required to pay the reasonable expenses incurred in making such proof, including attorney’s fees.

     D. If, in response to any of the following statements, it is your position that the statement is true in part or as to some items but not true in full or as to all items, then answer separately as to each part or item.

 

ADMISSIONS

 

1. You owned a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A..

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same. Plaintiff has not proven the account is owed by Defendant.  Defendant has denied liability for the account.

 

2. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. had a number of xxxxxxxxxxxx9554.

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

 

3. You contracted for and received credit from Bank of America/FIA Card Services, N.A., on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows:

     a. Bank of America statement, account ending in 9554, Payment Due Date:  09/04/10, 3 pages

     b. Bank of America statement, account ending in 9554, Payment Due Date:  12/4/10, 3 pages

     c. Credit Card Agreement, 44 pages

 

RESPONSE: DENIED.

 

4. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was opened on 11/27/2006.

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

 

5. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was charged-off on 11/03/2010.

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

 

6. You last made a payment on the revolving charge account (credit card) referred to above on 08/05/2010.

 

RESPONSE: DENIED.

Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

-or-

On the grounds that after reasonable inquiry the information known or readily obtainable is insufficient to accurately respond to this request. Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt and any agreement giving rise to the alleged debt. Defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this request for admissions. Defendant reserves the right to supplement answer to this request for admissions after plaintiff complies with its obligations under the Code. Based upon the foregoing, Defendant responds as follows: DENIED.

 

7. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 11/03/2010.

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

 

8. You used the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same

 

9. You never disputed in writing, any charges on the revolving charge account (credit card) with either Bank of America/FIA Card Services, N.A. or plaintiff.

 

RESPONSE: DENIED. Defendant lacks sufficient information and belief in order to admit or deny this request and on that basis denies same.

 

10. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 10/24/2013.

 

RESPONSE: DENIED. This statement calls for admission of matter defendant has denied and thus it is improper. Defendant denies owing this amount or any other amount due on the alleged account and has denied all allegations of plaintiff's complaint. 

 

 

Respectfully submitted,

INDIANA LAW FIRM

Signed by Attorney for Plaintiff

123 Address Road, Suite 456

City, Indiana, 46xxx

(123) 456-7890

Attorney for Plaintiff

 

Certificate of Service

The undersigned certifies that service of the foregoing pleading or document has been made by:

                  _ Delivering it, via hand delivery or courthouse mail

                  X Depositing it in the United States mail, postage prepaid

on the 27 day of December, 2013, to the following named persons:

 

Hoosier46060, 123 Address Ct., City, IN 46xxx

 

Signed by Attorney for Plaintiff

 

 

Attached Document List:

     1. Bank of America Statement dated July 9 – August 6, 2010 (3 pages)

     2. Bank of America Statement dated October 7 – November 5, 2010 (3 pages)

     3. Credit Card Agreement (44 pages)

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Review your admissions in light of Rule 36, Indiana Rules of Civil Procedure:

 

 

(A)   Request for admission. A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters within the scope of Rule 26(B) set forth in the request, including the genuineness of any documents described in the request. Copies of documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within a period designated in the request, not less than thirty [30] days after service thereof or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify his answer or deny only a part of the matter of which an admission is requested, he shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request; he may, subject to the provisions of Rule 37©, deny the matter or set forth reasons why he cannot admit or deny it.

The party who has requested the admissions may move for an order with respect to the answers or objections. Unless the court determines that an objection is justified, it shall order that an answer be served. If the court determines that an answer does not comply with the requirements of this rule, it may order either that the matter is admitted or that an amended answer be served. The court may, in lieu of these orders, determine that final disposition of the request be made at a pre-trial conference or at a designated time prior to trial. The provisions of Rule 37(A)(4) apply to the award of expenses incurred in relation to the motion.

(B)   Effect of admission. Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of Rule 16 governing amendment of a pre-trial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice him in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission b

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no you can't just put deny.  read again, especially this part.  

 

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny or that the inquiry would be unreasonably burdensome.

 

I can help you, but not today, maybe tomorrow night as I am working a night shift.

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This is the thing.  They have sent you a bunch of statements, so denying can get tricky.  I would deny it and make them prove every step of the account, but the judge may ask you point blank if this is your account.  You shouldn't lie to the judge, but if you deny the account, you could say something to the effect of I had an account once but thought it was paid and closed.  At that point I would dispute the balance, and ask for a full accounting.  You should send out a document request asking for things, like a complete accounting from a zero balance. and then if they gave you a bill of sale, you want the complete chain of assignment, the purchase agreement attached to the bill of sales, etc.  There is a laundry list of requests.  In admissions make sure you put something to the effect admit the bill of sale does not reference the account xxxxx.  And admit the purchase agreement for the bill of sale has no warranties or guarantees of the accuracy of the accounts in the sale. etc.

 

with that, here are your admits with the required verbiage for the court.

 

ADMISSIONS

 

1. You owned a revolving charge account (credit card) with Bank of America/FIA Card Services, N.A..

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

2. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. had a number of xxxxxxxxxxxx9554.

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

3. You contracted for and received credit from Bank of America/FIA Card Services, N.A., on the terms set forth in the document or documents attached hereto. Each document attached to these requests is an authentic copy of an original. These documents are as follows:

     a. Bank of America statement, account ending in 9554, Payment Due Date:  09/04/10, 3 pages

     b. Bank of America statement, account ending in 9554, Payment Due Date:  12/4/10, 3 pages

     c. Credit Card Agreement, 44 pages

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

4. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was opened on 11/27/2006.

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

5. The revolving charge account (credit card) with Bank of America/FIA Card Services, N.A., referred to above, was charged-off on 11/03/2010.

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

6. You last made a payment on the revolving charge account (credit card) referred to above on 08/05/2010.

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

7. As of this date, you do not have any evidence of a payment made since the date of the charge-off, said date being 11/03/2010.

 

RESPONSE: Admitted.  Defendant has denied this account, therefore would have no records of any payments.

 

8. You used the revolving charge account (credit card) with Bank of America/FIA Card Services, N.A. to purchase goods or services, or obtain cash advances

 

RESPONSE: Defendant states after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request, therefore denies

 

9. You never disputed in writing, any charges on the revolving charge account (credit card) with either Bank of America/FIA Card Services, N.A. or plaintiff.

 

RESPONSE: Admitted.  Defendant has denied this account, and would not dispute an account he does not have established.

 

10. You agree that you owe the plaintiff the amount alleged in the complaint that was filed on 10/24/2013.

 

RESPONSE: DENIED. This statement calls for admission of matter defendant has denied and thus it is improperDefendant denies owing this amount or any other amount due on the alleged account and has denied all allegations of plaintiff's complaint. 

 

 

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