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cowboycomedian

Please critique my Response to Request for Admission, Production of Documents and Interrogatories

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I recently received a summons to superior court in Georgia for a credit card I know nothing about.  The plaintiff is Cavalry SPV and the attorney is Hanna & Assoc.  I answered the summons, and now I am drafting responses to the Request for Admission of Facts, Request for Production of Documents, and Interrogatories.  I am listing the questions and my answers below -- I would sincerely appreciate any advice or critiques, as this process has a very steep learning curve.  Thank you in advance.

 

Request for Admission of Facts

 

1.  You applied for, and received, a credit card account No.XXXX from the Plaintiff.

Denied.  To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for nor receiving this card.

 

2.  You made purchases or received cash advances using the credit card, leaving a net unpaid balance on the account of $5,XXX.

Denied.  To the best of the Defendant's memory, and without any proof provided, Defendant does not remember using this card.

 

3.  When you applied for the credit card, you agreed to make at least the minimum payment due every month on the indebtedness owing by you on the credit card.

Defendant has already denied recollection of this card and therefore this question is improper.

 

4.  You received the credit card agreement attached to Plaintiff's Complaint, you understood its terms and conditions and you agreed to abide by the terms and conditions imposed thereby.

Denied.  There was no agreement attached to Plaintiff's Complaint.

 

5.  You made at least the minimum monthly payments owing on the credit card account for a period of time.

Denied.

 

6.  You ceased making the minimum monthly payments on the credit card.

Defendant has already denied recollection of this card and therefore this question is improper.

 

7.  You materially breached the terms and conditions of the credit card agreement, leaving you in material default on the credit card agreement.

Defendant has already denied recollection of this card and therefore this question is improper.

 

8.  You have refused to pay the principal balance due Plaintiff on the credit card.

Defendant has already denied recollection of this card and therefore this question is improper.

 

9.  You owe to Plaintiff the current past due principal balance of $5XXX.

Denied.

 

10.  You owe to Plaintiff interest on the past due balance of $4XXX.

Denied.

 

11.  You owe to Plaintiff contractual attorney's fees on the unpaid principal balance in the amount of $0.

Defendant has already denied recollection of this card and furthermore has not seen a contract spelling out any legal fees claimed by Plaintiff.

 

12.  You are legally and financially responsible to the Plaintiff for the indebtedness owing on the credit card.

Denied.

 

13.  You have benefitted, either directly or indirectly, from the use of the credit card.

Denied.

 

14.  You have not been released from liability by the Plaintiff for this debt.

Defendant has already denied recollection of this card and therefore this question is improper.

 

15.  You did not dispute any of the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement.

Defendant has already denied recollection of this card and therefore this question is improper.

 

16.  There is no legal or factual basis to support any defense, claim or contention asserted by you in your Answer.

Denied.

 

17.  You do not have any documents that support your contention that the amount claimed due in the Complaint is incorrect.

Admit.  Defendant has never had an account with the Plaintiff or any of the three entities referenced in the Complaint as an alleged "original creditor" and therefore has no documentation regarding any account for any purpose as defined in the complaint.

 

18.  You do not have any legal or factual basis for your contention that a different amount is owed than that claimed by the Plaintiff.

Denied.  See 17.

 

19.  You do not have any legal or factual basis for your defense of failure to state a claim upon which relief can be granted.

Denied.

 

20.  You do not have any legal factual basis for your defense of lack of standing.

Denied.  Defendant has never had an account with the Plaintiff or any of the three entities referenced in the complaint as an alleged "original creditor" therefore Plaintiff lacks standing to sue Defendant for recovery of non-existent debt.

 

21.  You do not have any factual basis for your claim that Plaintiff does not have a valid assignment.

Denied.  Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff.

 

22.  You do not have any legal or factual basis for your defense that within Complaint is not being prosecuted by the real party in interest.

Denied.  Defendant has never entered into any contractual agreement with Plaintiff for any reason and does not owe Plaintiff any money.

 

23.  You have no defense to this lawsuit.

Denied.  Defendant preserves their right to use any defense allowed by the laws of the state of Georgia in trial and appeal.

 

 

Any comments are welcome.  I will post the Interrogatories next.
 

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Plaintiff's First Interrogatories To Defendant

 

1.  State with factual particularity the basis for your denial of each allegation in the Complaint that you deny.

To the best of the Defendant's memory, and without any proof provided, Defendant does not remember applying for, nor receiving, nor using the credit card mentioned in the Plaintiff's Complaint.  Furthermore, Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the Plaintiff's Complaint that shows the alleged debt owing by the Defendant.  Statute of Limitations.

 

2.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

Defendant is unaware of any such documents.  See 1.

 

3.  Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf.

Defendant is unaware of any such payments.  See 1.

 

4.  Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter.

Defendant is unaware of any such documents or correspondence.

 

5.  Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Answer, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

Defendant is unaware of any such persons.

 

6.  Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document.

Defendant is unaware of any such documents.

 

7.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

See 1.

 

8.  State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute.

See 1.

 

9.  State the amount you contend you owe Plaintiff and describe how you calculated that amount.

$0.  See 1.

 

10.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant's answer.

Defendant is unaware of any such documents.

 

11.  State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff.

See 1.

 

12.  State with factual particularity the basis for your defense of failure to state a claim upon which relief can be granted.

Plaintiff has not attached any valid written contract, bill of sale, or assignment, to the Plaintiff's Complaint that shows the alleged debt owing by the Defendant.  See 1.

 

13.  State with factual particularity the basis for your defense of lack of standing.

Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff.  See 1.

 

14.  State with factual particularity the basis for your defense that Plaintiff does not have a valid assignment.

See 12 and 13.

 

15.  State each and every fact upon which Defendant claim that the Complaint is not being prosecuted by the real party in interest.

See 12 and 13.

 

16.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

None.

 

 

Again, any comments are welcome.  I am not sure if I am providing enough information, or the right kind of information.  Thank you.  I will post the Request for Production of Documents next.

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Request For Production of Documents and Notice to Produce to Defendant

 

1.  Produce copies of any and all correspondence which in any way pertain to this action sent to, or received from, Plaintiff.

Defendant is unaware of any such documents and therefore cannot produce said documents.

 

2.  Produce copies of any and all documents signed by you and/or the Plaintiff pertaining to this action.

Defendant is unaware of any such documents and therefore cannot produce said documents.

 

3.  Produce copies of any and all documents deemed by you to constitute a contract or agreement between the parties.

Defendant is unaware of any such documents and therefore cannot produce said documents.

 

4.  Produce copies of any and all checks or other forms of payment used to make payments on the underlying contract either made by you, or made by any other party on your behalf.

Defendant is unaware of any such documents and therefore cannot produce said documents.

 

5.  Produce copies of any and all documents that would support that you disputed the charges within sixty (60) days of their appearance on your monthly statement as required by your cardholder agreement.

Defendant is unaware of any such documents and therefore cannot produce said documents.

 

6.  Produce copies of any and all documents that you assert would support a denial of any Request for Admission of Fact that you deny.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

7.  Produce copies of any and all documents that would support any defense, claim or contention asserted by you in your Answer.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

8.  Produce copies of any and all documents that support your contention that the amount claimed by Plaintiff is incorrect.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

9.  Produce copies of any and all documents that support your defense of failure to state a claim upon which relief can be granted.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

10.  Produce copies of any and all documents that support your defense of lack of standing.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

11.  Produce copies of any and all documents that support your defense that Plaintiff does not have a valid assignment.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

12.  Produce copies of any and all documents that support your claim that the Complaint is not being prosecuted by the real party in interest.

Defendant is not in the possession, custody or control of any documents responsive to this request.

 

 

This one seems to be pretty straightforward, but am I missing anything?  Thanks again.

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Items in RED recommended deletions. Items in BLUE  recommended changes

 

1.  State with factual particularity the basis for your denial of each allegation in the Complaint that you deny.

To the best of the Defendant's memory, and without any proof provided, (delete this) Defendant does not remember applying for, nor receiving, nor using the alleged account referred to in the Plaintiff's Complaint.  Furthermore, Plaintiff has not attached any valid written contract, bill of sale, record of assignment, or forward flow affidavit, to the Plaintiff's Complaint that factually documents the alleged debt owing by the Defendant.  Any alleged account that plaintiff is attempting to collect on is beyond the Statute of Limitations.

 

2.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

Defendant is unaware of any such documents pertaining to the account alleged in the complaint. 

 

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

3.  Identify the number of payments and amount of every payment made toward the underlying contract by you, or made by any other party on your behalf.

Defendant has made no payments on any account alleged in the complaint.

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

4.  Identify all documents and/or correspondence either sent to, or received from, the Plaintiff or any of its agents or predecessors in interest relevant to this matter.

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

6.  Identify all documents, by title and date, which you contend evidence or tend to support the denials, assertions and allegations as set forth in your Answer, and provide the name, address and telephone number of the current custodian for each such document.

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. Plaintiff has attached no documents in support of their claim of alleged debt.

 

7.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

Answered in question 1 and is overly burdensome and not destined to reveal any new or relevant information.

 

8.  State with factual particularity any charges you disputed within sixty (60) days of their appearance on your monthly statement, the basis of any such dispute and identify all documents that support any such dispute.

Defendant denies every having applied, possessed, used, or made payments on any alleged account belonging to the plaintiff or any prior creditor that debt might have been purchased from.

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

9.  State the amount you contend you owe Plaintiff and describe how you calculated that amount.

$0.  Defendant denies every having applied, possessed, used, or made payments on any alleged account belonging to the plaintiff or any prior creditor and therefore owes no money to plaintiff.

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

10.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Defendant's answer.

Defendant has no documents in their possession related to the account alleged in the complaint. Plaintiff has no knowledge of any custodian of records regarding the account alleged in the complaint.   Plaintiff has attached no documents in support of their claim of debt.

 

OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

11.  State each and every fact upon which you based your denial of the indebtedness claimed owed by Plaintiff.

Answered in question 1 and is overly burdensome and not destined to reveal any new or relevant information.

 

12.  State with factual particularity the basis for your defense of failure to state a claim upon which relief can be granted.

Plaintiff has not attached any valid written contract, bill of sale, forward flow documentation, or assignment, to the Plaintiff's Complaint that shows the alleged debt is owing by the Defendant to plaintiff.  See 1.

OR add

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

13.  State with factual particularity the basis for your defense of lack of standing.

Plaintiff has attached no documents which demonstrate legal assignment of any debt that Defendant is personally responsible for to Plaintiff.  OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

14.  State with factual particularity the basis for your defense that Plaintiff does not have a valid assignment.

Defendant denies owing plaintiff any sum related to any alleged debt.  Plaintiff has attached no documentation by which defendant can determine the validity plaintiff's claim to standing to collect on any alleged debt.OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

15.  State each and every fact upon which Defendant claim that the Complaint is not being prosecuted by the real party in interest.

Defendant denies owing plaintiff any sum related to any alleged debt.  Plaintiff has attached no documentation by which defendant can determine the validity plaintiff's claim to standing to collect on any alleged debt.OR

 

Premature. Discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time.

 

16.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

None.

 

Just my thoughts.  Personally while it is easier to say See 1 or same as this and that I prefer to make a bottom feeder like Hanna REALLY work for it.

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@cowboycomedian

 

You seemed to say that you don't recognize the account for which you're being sued.  Did you have an account with Fleet at one time?   If you don't mind, would you state the allegations in the complaint?

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Thanks so much, Clydesmom.  I have made those changes.  One question -- I know I have to admit or deny the questions on the Request for Admission, but am I affirming or denying the questions on the Interrogatory as well?  Since some of the responses started with Denied I was just wondering.

 

If you have any comments on the Admission or Production of Documents that I posted, I would be glad to see those as well.

 

Thanks again!

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As far as I know, I have never had an account with Fleet or Bank of America or FIA Card Services. 

The Complaint says:

Complaint On Credit Card Account

Comes now Plaintiff in the above-styled action and states its complaints as follows:

1)  The Defendant, a resident of this county, is subject to the jurisdiction of this Court and can be served at his/her residence address of XXX.

2)  Defendant entered into a credit card agreement with the Original Creditor identified as credit card account number XXXX.  Defendant received and used the credit card at issue in this action.

3)  Defendant breached the credit card agreement by failing to pay as agreed and left an outstanding balance of $5XXX.

4)  All rights and title to Defendant's credit card account were legally assigned to Plaintiff in writing.

5)  Despite demand by Plaintiff, Defendant has failed to pay the amount due on the credit card account.

6)  Defendant is liable to Plaintiff for the sum of $5XXX plus court costs.

Wherefore, Plaintiff demands Judgment against Defendant in the principal sum of $5XXX, interest of $4XXX, plus court costs of $2XX.

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Thanks so much, Clydesmom.  I have made those changes.  One question -- I know I have to admit or deny the questions on the Request for Admission, but am I affirming or denying the questions on the Interrogatory as well?  Since some of the responses started with Denied I was just wondering.

 

If you have any comments on the Admission or Production of Documents that I posted, I would be glad to see those as well.

 

Thanks again!

 

The production of documents looks fine.  You deny ever having the account therefore you would have no discovery material to produce.

 

Remove "denied" in 7 and 11 and look for bolded statement changes in 8 and 9.  Add the word "of" after validity and before plaintiff in 14 and 15 for clarity and grammar.

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Here is my suggested list of RFAs and Documents for you to send to FJH.  While you will see some lists that have up to 20 of these many are repetitive and simply serve to tell the plaintiff's counsel what you don't know.  I have designed mine to paint his slimy behind into a corner.  Get feedback from others with experience though before you send.

 

1.  Admit that plaintiff lacks documentation/evidence to reasonably sustain their claim in a Georgia Court that the defendant owed/owes a debt to the plaintiff or any creditor identified in the complaint.

 

2.  Admit that plaintiff Cavalry LLC lacks standing to sue on the account alleged in the complaint.

 

3.   Admit that the plaintiff lacks sufficient documentation that Cavalry SPV is the true and rightful owner of the specific account alleged in the complaint as belonging to the defendant.

 

4.  Admit that the affiant(s) in any affidavit in the possession of the plaintiff lacks personal knowledge of the account in the complaint alleged to belong to the defendant.

 

5.  Admit that plaintiff added interest in the amount of $4XXX.

 

6.  Admit that plaintiff lacks documentation supporting their claim that defendant has ever owed a debt related to an account for which the Plaintiff is legally entitled to collect on.

 

7.   Admit that plaintiff Cavalry SPV has never contacted defendant via any correspondence regarding the alleged account.

 

8.  Admit that the plaintiff has never had a contract with the defendant on this or any other account alleged in the complaint.

 

9.  Admit that plaintiff does not employ anyone with personal knowledge sufficient to legally verify the accuracy of business records of Fleet Bank, BoA, and FIA Services.

 

10.  Admit that plaintiff added interest at a rate in violation of Georgia Law O.C.G.A. 7-4-2 and which the defendant was not contractually obligated to pay.

 

 

DOCUMENTS TO BE PRODUCED

1.  Provide the actual credit card contract at the time the alleged account was opened and upon which your complaint is based on including the contractual interest rate, grace period, finance charges, and specifically the State Laws that agreement and account are governed plus other important facts

2.  Provide the contract, agreement, assignment, or other means of demonstrating that Plaintiff has the authority and is legally entitled to collect specifically on the debt allegedly owed by the Defendant.

3.  Furnish the original or copies of the assignment agreement or assignments agreement, transferring the alleged contract and specifically the account alleged in the complaint from Fleet Bank, Bank of America, FIA Services and Cavalry SPV.

4.  Provide copies of specifically the alleged contract, between the Plaintiff and Defendant or any other instruments constructed solely for the purpose of creating a credit agreement between the Plaintiff and Defendant.

5.  Produce the contract that legally requires the Defendant to pay the amount entered into the complaint.

6.  Provide copies of the amount(s) paid in the debt purchase for the alleged account.

7.  Provide a document or document(s) that prove you sent the Defendant a notification of assignment of the account or assignment of rights.

8.  Attach any and all notices sent to Defendant by plaintiff in regards to this alleged account demanding payment.

9.  Attach copies of all statements generated in the first 3 months of account activity after inception and the last 6 months of alleged account activity prior to the alleged default.

10.  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 actual rates that were charged during this debt and the exact method of amortization.

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

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And lets use the bulk of Hanna's own rogs against him:

 

Defendant's First Interrogatories To Plaintiff

 

1.  State with factual particularity the basis for your claim that the defendant owes an alleged debt to the Plaintiff.

2.  Identify all documents that you assert constitute the contractual agreement(s) between the parties.

3.  Identify the number of payments and amount of every payment made toward the underlying contract by the defendant, or made by any other party on defendant’s behalf.

4.  Identify all documents and/or correspondence either sent to, or received from, the Defendant or relevant to this matter.

5.  Identify all persons whom you contend have knowledge of the facts which evidence or tend to support the denials, assertions and allegations as set forth in your Complaint, stating for each such person his or her name, address, telephone number, and provide a brief statement of the facts as to which each such person has knowledge.

6.  Identify all documents, by title and date, which you contend evidence or tend to support the assertions and allegations as set forth in your Complaint, and provide the name, address and telephone number of the current custodian for each such document.

7.  State with factual particularity the basis for your denial of any Request for Admission of Fact that you deny.

9.  State the amount you contend Defendant owes Plaintiff and describe how you calculated that amount.

10.  Identify all documents or other tangible things which you believe prove, support, or constitute evidence of any fact or circumstances supporting Plaintiff's answer.

11.  State each and every fact upon which you based your allegation of the indebtedness claimed owed by Defendant.

12.  State with factual particularity the basis for the assertion of plaintiff’s standing.

13.  State with factual particularity the basis for your assertion that Plaintiff has a valid assignment.

14.  State each and every fact upon which Plaintiff claims that the Complaint is being prosecuted by the real party in interest.

15.  Please identify by name and address all persons who provided information or other assistance in answer to these interrogatories.

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Oh, and does my Response to the Interrogatories have to be notarized?

 

That I don't know but a quick call to the clerk's office will answer that.  

 

Next you need to go to the court house for a morning or afternoon and watch at least 3-4 of the cases and see how they are run.  That will give you a clear idea of what works.  Once you get all this answered and filed we can discuss the pre-trial and trial if Hanna doesn't fold.

 

I still want you to call a consumer attorney, two or three before filing any of this though.  

 

PLEASE see my edit above.  I found a statement someone else used which I find VERY powerful.  Use what you think works best for you.

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