loribellag

JDB backed off, now what should I do?

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The Plaintiff junk debt buyer seems to have backed off. Wondering if I should just let it be or do something to prevent future action and to prevent reselling of the debt to another JDB.


 


Summary of events and circumstances:


 


1.  I live in Utah which is pro-creditor and where it's not as easy for defendant to win, sometimes even when plaintiff has no docs, or so I hear.


 


2.  The alleged debt is a credit card still within statute of limitations.


 


3.  JDB has only one supporting doc which is a one pg summary of the original creditor's charge off statement. This statement has my name and address and the alleged debt amount, but no agreements, signatures or records of detail.


 


4.  They first sent me a summons with no underlying docs at all. To which I answered all complaints thoroughly, according to advice I found on this site and a few others, admitting only my name and state of residence, denying all else and asking plaintiff for docs to support their claim, such as detailed statements, signed agreements, contract of assignment between original creditor and plaintiff, etc. I followed the answers with my affirmative defenses, and asking finally that the case be dismissed with prejudice.


 


5.  Plaintiff immediately responded with Initial Disclosures which only stated my name and address, nothing else, no supporting docs or info and asking for more time to present requested docs at a later time.


 


6.  I did not respond as there were no requests for me to answer or produce anything.


 


7.  Shortly after, they called trying to extract info from me. I refused to answer anything and informed them to contact me in writing only.


 


8.  They sent me a Set of Request for Admissions and Request for Production of Documents, trying again to get me to admit the loan, the amounts, etc., and asking me to produce documents.


 


9.  A few days after that they sent Plaintiff's Supplemental Initial Disclosures which contained the one pg summary of the original creditor's charge off statement. This statement had my name and address, the alleged charge-off amount and a balance of zero, but no agreements, signatures or records of detail.


 


10.  I filed an answer to the Set of Request for Admissions and Request for Production of Documents denying everything, stating I have no docs because I have no such account and that the burden of proof lies with Plaintiff.  In my answers, I also pointed out that Plaintiff has had ample time to produce supporting docs requested by Defendant and have failed. I sited a Utah case which set a precedent that any summary of a credit card account is inadmissible under Rule 803(6) of the Utah R. of Evid., unless the underlying records have been produced. I restated Affirmative Defenses and asked again that the case be dismissed with prejudice.


 


Now more than a month has gone by with no response from Plaintiff or the courts. I would like to get this resolved once and for all without wondering what might happen in the future. On the other hand, I DO NOT WANT TO GO TO COURT to try and get it dismissed. I hate courtrooms. They make me feel ill.


 


Is there anyway to get permanent resolution of this case without going to court? And sometimes I wonder if taking further action will make things worse instead of better. What should my next move be, if any at all?

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You are still in the discovery stage and nothing to date, except for the initial filing of the lawsuit, has been entered with the Court. It is not uncommon for periods of inactivity. Who is the Plaintiff? The lawsuits in Utah are often filed without the Plaintiff having documentation as many of the Lawsuits filed simply go to default without the Plaintiff having to do any work at all. Oftentimes the counsel for the Plaintiff is waiting on further documents from the Plaintiff when these lapses occur.

 

Keep studying!! 

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Either you move for the case to be dismissed with prejudice, or you continue waiting. Did you have another avenue in mind?

 

I don't like courtrooms, either. I, too, get nauseated and the adrenaline makes me shaky, with my fight or flight in full on mode.

 

But I'd rather go to a courtroom on MY terms, and get it done, than sit at home and wait for the JDB to drop the other shoe.

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I've heard that if I file a Motion to Dismiss, it's quite likely that I will have to go to court. I was hoping to avoid that and just curious if there were any other avenues I could take besides just waiting. Sounds like not?

 

Do you think if I file a Motion to Dismiss now, I would be more likely to win because they will have more time to get more docs if I wait to see what happens?

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I've heard that if I file a Motion to Dismiss, it's quite likely that I will have to go to court. I was hoping to avoid that and just curious if there were any other avenues I could take besides just waiting. Sounds like not?

 

Do you think if I file a Motion to Dismiss now, I would be more likely to win because they will have more time to get more docs if I wait to see what happens?

 

While the court could grant a motion without an appearance that would be if the other party does not oppose the motion.  Otherwise there usually is some type of hearing on the matter.

 

There is no way to predict whether you win.  The plaintiff could simply oppose your motion stating they need more time to pull documents.  Of course the court can take the position they should have had the documents BEFORE they filed and rule against them but there is no way to predict how it will go.

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Why can't you file a Motion of summary Judgment? This is a stronger motion than a MTD.. Please look into that. its a motion that states that Defendants hasn't produced any docs, and haven't responded to your Discovery's, and therefore the courts needs to grant you're MJS.  Look  at how to draft a MJS. I am learning on MSJ as we speak. I am not filing for that as it's to soon into my discovery. 

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@

 

Why can't you file a Motion of summary Judgment? This is a stronger motion than a MTD.. Please look into that. its a motion that states that Defendants hasn't produced any docs, and haven't responded to your Discovery's, and therefore the courts needs to grant you're MJS.

 

 

No.  An MSJ is awarded if the moving party shows that there's no issue left to resolve, the other party has no argument,  and that a trial is not necessary.   Ongoing discovery might be an issue that can prevent an MSJ from being granted.

 

Also, courts have discovery procedures.  If requests are not answered, rules might require a "meet and confer".   You want to show the court that you did your best to get responses but the other party was uncooperative.

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Agreed. I was under the impression that she did her discovery and they didn't compel. So, if the discovery process hasn't started then i guess a MSJ will not be appropriate.  

 

On a side note, if the plaintiffs did't response to Defendant's request for production, or request for admission,  then would it be appropriate to request a "compel" or should you file the MSJ, and then place they didn't respond, thus they admit?  

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@loribellag

 

Have you sent your own discovery requests to the Plaintiff?

In my answers and affirmative defenses I stated that the Plaintiff has not provided any documentation to prove that any of these claims are true or accurate, but I did not file a Request for Production of Documents. They filed one on me. Should I file one on them? I guess it's not enough that I stated in my answers they have not provided supporting docs and asked court to dismiss based on that fact?

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In my answers and affirmative defenses I stated that the Plaintiff has not provided any documentation to prove that any of these claims are true or accurate, but I did not file a Request for Production of Documents. They filed one on me. Should I file one on them? I guess it's not enough that I stated in my answers they have not provided supporting docs and asked court to dismiss based on that fact?

Yes, you need to send your two request out and send them via certified mail and start you're own discovery. Make sure you copy the format they sent you will all the disclosures, as they required to in-order for them to be valid. Each states have their own disclosures, so I would copy right from theirs. GLTU

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Yes, you need to send your two request out and send them via certified mail and start you're own discovery. Make sure you copy the format they sent you will all the disclosures, as they required to in-order for them to be valid. Each states have their own disclosures, so I would copy right from theirs. GLTU

FYI, in my original answers, in one of my Affirmative Defenses, Burden of Proof, I did state "Defendants insist that Plaintiff produce said written agreement with Defendant's signature, and detailed account statements dated from beginning of alleged agreement to present time, and all detailed purchase receipts, and an Assignment Contract between the Plaintiff and the Original Creditor to prove the validity and amount of the debt."

 

I wish I knew more about what I was doing. I tried reading all the UT court rules and FDCPA but still couldn't ever seem to find all the answers to my questions or see a clear outline of each step I should take. Just flying by the seat of my pants here.

 

I have never done anything like this before, so it's all new to me. I guess I will also specifically file my own requests. When you say "two" requests, could you elaborate on that? Two different kinds of requests? A Request for Admissions and Request for Production of Documents? That's what they sent me, all in one doc. So, I should just send them the same kind of doc?

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Okay So Per Bob, as I am not familiar with the state of Utah, you can only file for Request for Productions and request for Admissions and you are limited to only 5 each.  Per his link....http://www.utcourts....cp/urcp026.html. So, I will give you an example of mine. Please note, you will need to see the format that they sent over to you and make sure you copy all of the required information for their request to be valid. 

 

 

This is my request for Production.. In my state of Oregon...  you are only limited to 5, so pick an choose what best applies to you, and you're case. 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

UNIFUND CCR, LLC, assignee of pilot Receivables Management, LLC,

 

                                    Plaintiff,

vs.

xxxx,

                                    Defendant.

 

 

CASE NO.:  xxxx

 

 

 

 

REQUEST FOR PRODUCTION

 

 

 

  Defendant xxxxx request that Plaintiff UNIFUND CCR, LLC, assignee of Pilot Receivable Management, LLC, produce the following documents in connections with this matter. If objections is made, please state the reason for the objection. If denying the matter, please set forth in detail the reasons why the answering party cannot produces such documentation.

                                    DOCUMENTS TO BE PRODUCED

1.      Please provide the actual credit card contract upon which your complaint is based on.

2.      Please provide a contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and was legally entitled to collect on the alleged debt.

3.      Please furnish reasonable proof, such as original, or copies of the assignment agreement or assignments agreement, transferring the alleged contract and/or account in .question from Citibank N.A over Unifund CCR, LLC, assignee of pilot Receivables Management, LLC to show and Assignment has been made and that Unifund CCR, LLC assignee of Pilot Receivables Management, LLC are the real party in interest.

4.      Please provide a copy of the Assignment between Unifund CCR, LLC assignee of Pilot Receivables Management, LLC and Citibank, N.A.

5.      Please provide evidence/proof of the Defendant’s alleged debt to Plaintiffs, including specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a loan agreement between the Plaintiff and Defendant bearing Defendant’s signature and/or Please produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.      Please provide the original or copy of the account agreement that states interest rate, grace period, fiancé charges, assignment and specifically the State Laws that agreement and account are governed plus other important facts.

7.      Please provide copies of the amount paid and/or the consideration due for the alleged contract/account.

8.      Please provide evidence of authorization of plaintiff to do business, create loans, issue or extend credit, collect debts, and/or operate in the state where the Plaintiff conducts their business.

9.      Please provide evidence of authorization of Plaintiff & Attorney to do business, create loans, issue or extend credit, collect debts and/or operate as a financial business in the State of Oregon.

10.  Please provide a document or document(s) that prove you did send the Defendant a notification of assignment of the account or assignment of rights.

11.  Please attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

12.  Please attach copies of all statements generated while this alleged account was open with Plaintiff.

13.  Please attach a complete and accurate history of the interest charged on this alleged account with Plaintiff. Show the exact dates those interest rates changed and list the various rates that were charged during this debt and the exact method of amortization.

14.  Please attach any and all notices sent to Defendant by Plaintiff announcing changes in the Defendant’s debt and the dates of each such report.

15.  Please Identify each Credit Reporting Agency (Credit Bureau) to which the Plaintiff reported Defendant’s debt and the dates of each such report.

16.  Please attach any and all notices sent to Defendant by Plaintiff in regards to account announcing transfer and/or assignment of credit card account from Plaintiff to any collect agency or collection attorney.

17.  Please attach a copy of the agreement with Plaintiff that grants Daniel N. Gordon, P.C the authority to collect this alleged debt.

                                    CERTIFICATE OF SERVICES

I hereby certify that a copy of the foregoing was mailed on the 11th day of March, 2014.

                              Daniel N. Gordon, P.C

                                                            Attorney and Counselor at Law

                                                            4023 W 1st Ave/PO Box 97402

                                                            Eugene, OR 97402.

 

                                                ____________________________

                                                            xxxxxxxx

 

cc: State of Oregon For Washington County Clerk’s office

 

 

 

 

 

 

 

Okay, this my request for admission. Pick 5 that applies to you're case. Change what needs to be changed. Read the link provided above, and familiar you're self with the appropriate format. WHAT I WOULD DO IF I WAS YOU... I would grab the two requests that they sent you, an draft it up just like theirs on the top of the disclosures, make sure all your requests read DEFENDANT and pick the top 5 you want to request.. 

 

 

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR WASHINGTON COUNTY

UNIFUND CCR, LLC, assignee of pilot Receivables Management, LLC,

 

                                    Plaintiff,

vs.

xxxxxx,

                                    Defendant.

 

CASE NO.:  Cxxxxx

 

 

 

 

 

REQUESTS FOR ADMISSION TO BE ANSWERED BY THE PLAINTIFF

 Defendant xxxx request that the Plaintiff admit to the following points of facts within thirty (30) days of service of these request. FAILURE TO SERVE A WRITTEN OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45 B WILL RESULT IN AN ADMISSON OF THE FOLLOWING REQUESTS. Each matter is admitted unless, within 30 days after service of the request, 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 the party's attorney.  If objection is made, the reasons for the objection shall be stated.  If not admitted, your 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 the answer or deny only a part of the matter of which an admission is requested, the party 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 stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial.  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 but may, subject to the provisions of Rule 46 C, deny the matter or set forth reasons for not being able to admit or deny.

                                       DEFINITIONS

The following words, when used with the initial letter capitalized, has the designated meaning:

(A)  “Account” means the indebtedness alleged in your Complaint.

(   “Original Creditor” is the person with whom the alleged Account was originally created for Defendant.

                       ADMISSION REQUESTS

1.      Admit Plaintiff does not own the Account alleged in this suit.

Answer:                      

2.      Admit Plaintiff does not have the authority to collect the Account alleged in this suit.

Answer:

3.      Admit Plaintiff has not seen an accounting of the debt alleged in this suit.

Answer:

4.      Admit Plaintiff does not have a full Account history of the debt alleged in this suit.

Answer:

5.      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.

 

Answer:

6.      Admit Plaintiff has no personal knowledge as to why the alleged Original Creditor entered any transaction, debit, credit, or charge on any billing statements for the Account.

Answer:

 

 

_________________________

Defendant ,Pro Se

 

   I hereby certify that I mailed a REQUEST FOR ADMISSION to the Plaintiff’s attorney Daniel N. Gordon P.C. Attorney and Counselor at Law at the following address:  4023 W 1st Ave/P.O. Box 22338 Eugene, OR 97402, on this 13th day of March, 2014.

                                   

                                                ____________________

                                                            xxxxxxx         

                                                            Defendant, Pro Se

 

CC: Circuit Court State of Oregon For Washington County civil clerks

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@

 

 

Agreed. I was under the impression that she did her discovery and they didn't compel. So, if the discovery process hasn't started then i guess a MSJ will not be appropriate.  

 

On a side note, if the plaintiffs did't response to Defendant's request for production, or request for admission,  then would it be appropriate to request a "compel" or should you file the MSJ, and then place they didn't respond, thus they admit?  

 

One must read their rules.  Some courts require a meet and confer.  Those courts that don't make such a requirement seem to prefer that you send a reminder letter.   After that, it may be necessary to file a motion to compel the responses.   

 

There was a recent case here on the boards in which the poster argued that the plaintiff had not provided all the documents he requested, but the judge pointed out that the poster had not compelled responses.   Therefore, he placed no weight on the poster's argument.  So that may depend on the judge as to whether one MUST compel responses.  However, judges do prefer that you attempt to get responses/documents if you really want them.

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@loribellag

 

If you don't send requests for discovery, you have no argument that they didn't provide certain details or documents.  That's the purpose of discovery.

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@

 

 

 

One must read their rules.  Some courts require a meet and confer.  Those courts that don't make such a requirement seem to prefer that you send a reminder letter.   After that, it may be necessary to file a motion to compel the responses.   

 

There was a recent case here on the boards in which the poster argued that the plaintiff had not provided all the documents he requested, but the judge pointed out that the poster had not compelled responses.   Therefore, he placed no weight on the poster's argument.  So that may depend on the judge as to whether one MUST compel responses.  However, judges do prefer that you attempt to get responses/documents if you really want them.

Can I take you to court with me? LOL

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@

 

My sons tell me that I can give "THE look" like no one else.  They don't call it "the LOOK".  Their emphasis is on the word "the".  They're in their 30's now but still tell people about "THE look".  :-) 

 

If I lived nearby, I'd be happy to flash "THE look" as often as possible.  ::devillaugh::

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For discovery procedures, read the following:

 

http://www.utcourts.gov/resources/rules/urcp/urcp026.html

 

In Utah, you are not allowed interrogatories and only 5 requests for admissions and 5 requests for documents, so consider them well before requesting!

In these UT rules of discovery, I was trying to find a timeline for when I should send the Request for Docs to make sure it's not too late.  In the Initial Disclosures section it says, "(a)(2) Timing of initial disclosures. The disclosures required by paragraph (a)(1) shall be served on the other parties:

(a)(2)(A) by the plaintiff within 14 days after filing of the first answer to the complaint; and

(a)(2)(B) by the defendant within 42 days after filing of the first answer to the complaint or within 28 days after that defendant’s appearance, whichever is later."

 

But I can't find any timeline for discovery requests. Honestly, it's hard for me to understand everything in these rules. Is there usually a time limit on sending those? The original complaint was filed in the middle of Nov 2013, my answer was filed 28 days later, their Initial Disclosures were sent one week after that, their Request for Admissions & Request for Docs was sent about a month later, my answer to that was filed about 3 weeks after that (which was about 5 weeks ago). Is it too late for me to send the Plaintiff my Request for Admissions & Request for Docs?

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FYI, in my original answers, in one of my Affirmative Defenses, Burden of Proof, I did state "Defendants insist that Plaintiff produce said written agreement with Defendant's signature, and detailed account statements dated from beginning of alleged agreement to present time, and all detailed purchase receipts, and an Assignment Contract between the Plaintiff and the Original Creditor to prove the validity and amount of the debt."

 

In no state can you submit your discovery in your answers.  

 

They do not have to produce a written agreement with your signature because no credit card has one.  All you will get is the card holder agreement for your account.  In the era of online applications virtually no one has an application with the signature and the creditor is not required to keep it even if they did.

 

They do not have to produce every statement on the account since inception either.  They only need the last 3 statements and up to 6 months prior to that to prevail because ANY statement earlier than that would not be disputable by you under the card agreement.  Their approach will be that if you did not dispute the charges when you received your statements then they are valid.

 

Nor do they have to produced detailed purchase receipts since those would have been given to YOU as the consumer at the time of the transaction.  The last thing you want them to produce is those anyway because that will convince the court more than ever it is your card.

 

You want to attack assignment and standing and demand the card agreements for the account.  If you waste time doing discovery on irrelevant materials it reduces your credibility and actually informs the plaintiff about what you don't know.  Educate yourself on arbitration as well.  In some cases compelling arbitration will cause a plaintiff to fold up and dismiss to avoid the expense.

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In no state can you submit your discovery in your answers.  

 

They do not have to produce a written agreement with your signature because no credit card has one.  All you will get is the card holder agreement for your account.  In the era of online applications virtually no one has an application with the signature and the creditor is not required to keep it even if they did.

 

They do not have to produce every statement on the account since inception either.  They only need the last 3 statements and up to 6 months prior to that to prevail because ANY statement earlier than that would not be disputable by you under the card agreement.  Their approach will be that if you did not dispute the charges when you received your statements then they are valid.

 

Nor do they have to produced detailed purchase receipts since those would have been given to YOU as the consumer at the time of the transaction.  The last thing you want them to produce is those anyway because that will convince the court more than ever it is your card.

 

You want to attack assignment and standing and demand the card agreements for the account.  If you waste time doing discovery on irrelevant materials it reduces your credibility and actually informs the plaintiff about what you don't know.  Educate yourself on arbitration as well.  In some cases compelling arbitration will cause a plaintiff to fold up and dismiss to avoid the expense.

 

Clydesmom, this is the most helpful advice I've received so far. Too bad some of the ineffective things I did I learned on this website. Could you elaborate on some of this? By attacking Assignment, do you mean demanding to see the Assignment Agreement? By attacking standing, do you mean demanding to see evidence of sufficient bond and incorporation as required by UT law to be a debt collector? Also, I would love to have an arbitrator but that would cost money, wouldn't it? I have no extra funds to spend on that right now.

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In these UT rules of discovery, I was trying to find a timeline for when I should send the Request for Docs to make sure it's not too late.  In the Initial Disclosures section it says, "(a)(2) Timing of initial disclosures. The disclosures required by paragraph (a)(1) shall be served on the other parties:

(a)(2)(A) by the plaintiff within 14 days after filing of the first answer to the complaint; and

(a)(2)( B) by the defendant within 42 days after filing of the first answer to the complaint or within 28 days after that defendant’s appearance, whichever is later."

 

But I can't find any timeline for discovery requests. Honestly, it's hard for me to understand everything in these rules. Is there usually a time limit on sending those? The original complaint was filed in the middle of Nov 2013, my answer was filed 28 days later, their Initial Disclosures were sent one week after that, their Request for Admissions & Request for Docs was sent about a month later, my answer to that was filed about 3 weeks after that (which was about 5 weeks ago). Is it too late for me to send the Plaintiff my Request for Admissions & Request for Docs?

 

In Utah, the maximum time for discovery is 180 days unless Judge rules it can go longer. Your discovery requests can occur at any point during this time. My suggestion is to mention when serving requests, that discovery is ongoing and there may be additional requests. In that vein, my suggestion would be to submit only 4 requests for admission and 4 requests for documents. This way you reserve a request as things become clearer in the discovery process.

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In Utah, the maximum time for discovery is 180 days unless Judge rules it can go longer. Your discovery requests can occur at any point during this time. My suggestion is to mention when serving requests, that discovery is ongoing and there may be additional requests. In that vein, my suggestion would be to submit only 4 requests for admission and 4 requests for documents. This way you reserve a request as things become clearer in the discovery process.

 

What 4 docs should I ask for? According to member Clydesmom above I should "attack assignment and standing and demand credit card agreements" and forget about detailed statements, signatures, purchase receipts, etc. Should I ask for Credit Card Agreement, Assignment Contract and also Bond and Certificate of Corporation (as required by UT law to be a debt collector)? What 4 docs would you ask for? And what 4 admissions would you ask for? I have no idea what to ask them to admit.

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You can certainly combine document demands. Instead of having each demand be a line item, demand "All documentation related to this account, from inception."

 

Ask for "All records pertaining to the sale of the alleged debt."

 

The way you get EVERYTHING (or, more likely, an objection that the demand is too burdensome) is to use your DEFINITIONS to define, for example, the records pertaining to the sale…as The Bill of Sale, the entirety of the Sales Contract and Forward Flow Agreement, and the documentation for this specific alleged debt.

 

Others may have other ideas.

 

My belief, though, is that you can go to court on the attack, or on the defense, but you are, most likely, going to court either way. Which do you prefer?

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What 4 docs should I ask for? According to member Clydesmom above I should "attack assignment and standing and demand credit card agreements" and forget about detailed statements, signatures, purchase receipts, etc. Should I ask for Credit Card Agreement, Assignment Contract and also Bond and Certificate of Corporation (as required by UT law to be a debt collector)? What 4 docs would you ask for? And what 4 admissions would you ask for? I have no idea what to ask them to admit.

 

@loribellag  By attacking standing you are disputing their right to sue you as the creditor.  They will want to introduce a vague robo-signed affidavit stating they bought your account.  Problem is it won't list YOUR account it is a generic bill of sale with redacted information removed that does not specifically identify you or your account in any way.  They will have generic statements of a credit account you might have owned but that does not mean they as a JDB have the legal right to collect from YOU.  You want specifics as was said such as  the records pertaining to the sale…as The Bill of Sale, the entirety of the Sales Contract and Forward Flow Agreement, and the documentation for this specific alleged debt.  

 

You need the card agreement to see if arbitration is a possibility.  If you are going to go that route you have to compel arbitration before going to trial or you waive the right.  Not everyone agrees you should use this I mention it because it is an option.  Some agreements specify that the creditor will pay the arbitration fees up front so it might not cost you but without the card agreement you won't know.

 

The stronger your discovery motion is without asking for irrelevant impossible and unneeded things the more likely they are to fold and dismiss because you are not "low hanging fruit" that will pay up or agree to a consent judgment.

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