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abelincoln

Special Wisconsin rules in admission for Midland Kohn Wisconsin

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I think I may have found some important information for those dealing with JDBs in Wisconsin.

I've been reading the boards for a while and recently read a Marquette Law Review on responding to admissions, interrogatories and documents. I was hoping for some feedback on my answers with this new information.
 

    A denial should specifically deny the request for admission 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 an 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.
    See Id § 804.11(1)( B).


First questions: what is the criteria for determining the "specificity" of the denial? Are the denials that I give in the following post considered "specific"?


Many users on this board have cited lack of information or belief in refusing the admit or deny.
I am assuming that in states other than Wisconsin this is an acceptable response.

In my following post, you can see that I have not used this phrase.
 

    An answering party may not give lack of information or knowledge
    as a reason for failure to admit or deny unless the party states that he or
    she has made a reasonable inquiry and that the information known or
    readily obtainable by the party is insufficient to enable the party to ad-
    mit or deny.
    See Wis. STAT. § 804.11(1)( B)

    If the answering party responds to a request for admission
    by stating that he or she lacks sufficient information to answer, the
    response must set forth in detail the reasons why this is so.
    See WRIGHT & MILLER, supra note 13, § 2261, at 556-57. Attorneys formulating answers
    alleging the inability to admit or deny should provide details in their response of the sources
    consulted, the information obtained from those sources, and the reasons why that information
    is insufficient to permit an outright denial or admission.


I have, however objected to some of the requests, please see the following information
 

    Before identifying valid objections, it is worth noting that there are
    several objections that are insufficient. It is not a ground for objection that the
    request relates to a matter on which the requesting party has the burden of
    proof. It is also not a sufficient ground that the request is directed at the
    ultimate issue in the case, nor is it sufficient that the request seeks
    opinions or conclusions. The answering party may not object on the
    ground that he or she lacks personal knowledge of the matter so long as
    the information is readily available.


Second question: Are the objections I raised in the following post sufficient?
Third question: I put my defenses after all of my responses. Are my defenses formatted correctly?
I would like to use the defenses that TrueQ pointed out in Midland Funding / Kohn / Wisconsin
Mainly WI 425.104 & 105, WI 425.109, and WI 422.409

Fourth question: Considering that we are in Discovery now (I think), is it prudent to elect arbitration or JAMS?
Fifth question: Considering that we are in Discovery now (I think), should I file a MTD? And if so, on what grounds?

I hope this information is helpful to anyone dealing with JDB in Wisconsin, and any information would be most helpful!

 

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REQUESTS FOR ADMISSION

 

REQUEST NO. 1: You applied for, opened, and/or were otherwise granted a credit card

with the account number XXXXXXXXXXXXXXXX (hereinafter said account is referred to as the

account).

 

1. DEFENDANT denies: To the best of the Defendant's memory, and without any signed contract produced and/or provided, Defendant does not remember applying for the account. The Defendant leaves it to the Plaintiff to provide strict proof and the validity of document.

 

 

REQUEST NO. 2: You used the aforementioned credit card account issued to make

various purchases, charges, or other transactions to acquire various goods, services, or other valuable

consideration.

 

2. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of document.

 

 

REQUEST NO. 3: The balance due on this account is $XXXX.00.

 

3. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof of sums allegedly owed and the validity of documents.

 

 

REQUEST NO. 4: The account statements attached hereto as Exhibit A are true and

accurate copies of the credit card account statements for the account. (editor's note: the statements do not go back to zero)

 

4. DEFENDANT denies: The Plaintiff is asking Defendant to comment on the validity and accuracy of its own evidence. The Defendant leaves it to the Plaintiff to provide strict proof of sums allegedly owed and the validity of documents.

 

 

REQUEST NO. 5: Admit that you made payments to the account.

 

5. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of documents.

 

 

REQUEST NO. 6: Admit that you made a payment of$XXX.00 to the account on or about

XXXXXX ZZ, 2009.

 

6. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of documents.

 

 

 

REQUEST NO.7: Admit that the $XXX.00 payment made on or about XXXXXX ZZ, 2009

was the last payment you ever submitted on the account.

 

7. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of documents.

 

 

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REQUEST NO. 8: Admit that you have no records in your possession to substantiate that

you made any payments on the account subsequent to XXXXXX ZZ, 2009.

 

8. Defendant objects: The Plaintiff assumes facts of an account where one has not been identified. Without waiving objection, defendant states he had no records of a payment for any amount to any account.

 

 

 

REQUEST NO. 9: Admit that at the time you submitted your payment of XXX.00 on or

about XXXXXX ZZ, 2009, there remained an account balance of $XXXX.00.

 

9. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of documents.

 

 

 

REQUEST NO. 10: Admit that you went into default on the account by failing to submit

the minimum required payment.

 

10. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of documents.

 

 

REQUEST NO. 11: Admit that you resided and/or received mail at XXXX YYYY Street,

XXXXXX, WI ZZZZZ from XXXXX 2008 through UUUUU 2009.

 

11. DEFENDANT objects: The request is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

 

REQUEST NO. 12: Admit you resided and/or received mail at ZZZZZ VVVVV Street,

XXXXXX, WI ZZZZZ from YYYYY 2009 through ZZZZZ 2009.

 

12. DEFENDANT objects: The request is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

 

REQUEST NO. 13: Admit you resided and/or received mail at TTTTT BBBBB Street,

XXXXXX, WI ZZZZZ from PPPPP 2009 through QQQQQ 2010.

 

13. DEFENDANT objects: The request is not relevant to the subject matter of the pending action and is not reasonably calculated to lead to the discovery of admissible evidence.

 

 

REQUEST NO. 14: The numbers on all statements are accurate and undisputed.

 

14. DEFENDANT denies: The Defendant leaves it to the Plaintiff to provide strict proof and the validity of documents.

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INTERROGATORY NO. 1: List your full legal name, date of birth, and the last four
digits of your social security number.

1. XXXX XXXXX ZZ/YY/TTTT, OPQR


INTERROGATORY NO. 2: Please list all addresses at which you've resided
between January 2006 and the present date, including the dates applicable to each address.

2. DEFENDANT objects: Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence.


INTERROGATORY NO. 3: Please list all addresses at which you've received mail
between January 2006 and the present date, including the dates applicable to each address.

3. DEFENDANT objects: Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence.


INTERROGATORY NO. 4: If your responses to any of the Requests for Admission
were anything other than unqualified admissions, set forth the factual basis/bases for such a response.

4. DEFENDANT objects: Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not his response set forth and or legal basis for setting forth such a response. Calls for guesswork by the Defendant.


INTERROGATORY NO. 5: If you believe that anyone other than yourself is liable
for this debt, whether in whole or in part, state the name and address for each person that you believe
is wholly or jointly responsible.

5. DEFENDANT objects: This request calls for admission of matter defendant has denied, and thus it is improper.


INTERROGATORY NO. 6: List all bank accounts from which funds were drawn
to pay your bills, including but not limited to credit card accounts, between July 2008 and October
2009. This request includes all bank accounts regardless of whether your name was listed on the
account.

6. DEFENDANT objects: Plaintiff's request seeks information that is not relevant to the subject matter of this litigation and is not reasonable calculated to lead to discovery of admissible evidence.


INTERROGATORY NO.7: If your response to Request to Admit No.7 was
anything other than an unqualified admission, please state the following:
a. the date on which you believe you last submitted a payment on the account;
b. the amount of the payment;
c. the method of payment;
d. the address to which the payment was submitted.

7. DEFENDANT objects: Defendant has already denied knowledge of the account and would therefore have no such facts.

 

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INTERROGATORY NO.8: Please provide the following information relevant to
any billing disputes communicated by you or an authorized representative regarding the account:
a. to whom the dispute was communicated and/or directed;
b. list all parties involved in the communication;
c. the date of the communication;
d. the method of communication;
e. the substance of the dispute.

8. DEFENDANT objects: Defendant has already denied knowledge of the account and would therefore have no such facts.


INTERROGATORY NO. 9: If you acknowledge having this credit card account, but
your dispute is limited to the balance, please state what you believe the balance was at the time you
stopped making payments.
9. DEFENDANT objects: Defendant has already denied knowledge of the account and would therefore have no such facts.


INTERROGATORY NO. 10: Specify in detail all facts upon which your counterclaim
against Midland Funding LLC is based.
10. Defendant, not being a lawyer or trained in legal matters, has based his counterclaims off his interpretations and understanding of the Fair Debt Collection Practices Act:
        15 U.S.C. § 1692e(11), Plaintiff failed to disclose in the initial oral communication that
                     the debt collector is attempting to collect a debt and that any information obtained will
                     be used for that purpose;
        15 U.S.C. § 1692g(A)3-5, Plantiff failed to send the consumer within five days after the
                      initial communication a written notice containing --
                    3. a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
                    4. a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
                    5. a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
        15 U.S.C. § 1692i, Defendant is a resident of OTHER County.


INTERROGATORY NO. 11: State in detail all facts upon which your Counterclaim
for violations of the Fair Debt Collection Practices Act is based.
11. See 10.


INTERROGATORY NO. 12: If you dispute any of the particular transactions, please
itemize those transactions by date and amount and set forth the bases for those disputes.
12. DEFENDANT objects: Defendant has already denied knowledge of the account and would therefore have no such facts.


INTERROGATORY NO. 13: If you dispute any of the interest rates and/or charges,
itemize those disputes by date and specify the interest rates and/or charges that you believe should
have been applied.
13. DEFENDANT objects: Defendant has already denied knowledge of the account and would therefore have no such facts.


INTERROGATORY NO. 14: If you dispute any of the fees, itemize those disputes
by date and specify the fees that you believe should or should not have been applied.
14. DEFENDANT objects: Defendant has already denied knowledge of the account and would therefore have no such facts.


INTERROGATORY NO. 15: Itemize your claim for damages.
15. See 10. Three violations of FDCPA, monetary losses and emotional distress.

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REQUESTS FOR DOCUMENTS

REQUEST 1: Please provide copies of any payments which you feel were not appropriately
applied to your account, including fronts and backs of checks.

1. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.


REQUEST 2: Please provide copies of any written billing disputes that you submitted
regarding this account.

2. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.


REQUEST 3: Please provide copies of any documents that you intend on producing at trial.

3. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.


REQUEST 4: Produce copies of any documents in your possession regarding the account.

4. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.


REQUEST 5: Produce copies of any documents which you obtained and/or reviewed for
purposes of investigating the validity of this debt.

5. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.


REQUEST 6: If you dispute the terms of the account such as interest and/or fees, provide
a copy of the credit card terms and/or conditions that you believe should have applied to the account.

6. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.


REQUEST 7: Produce copies of any documents upon which your Counterclaim(s) is/are
based, or upon which you rely in asserting your Counterc1aim(s).

7. After a reasonable inquiry and diligent search, Defendant is unaware of any such documents and therefore cannot produce said documents. Defendant reserves the right to submit documents that may become applicable at a later date.

 

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DEFENSES

 

  1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fail to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

  2. Defendant claims Lack of Standing, as the Plaintiff has not provided a chain of ownership and, therefore, has not proven legal standing to sue.

  3. Defendant claims a Failure of Consideration, as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

  4. Plaintiff did not serve a "notice of Right to Cure" 15 days prior to suit as stated in WI Stat. 425.104 & 105.

  5. Plaintiff did not serve a “notice of assignment” as stated in WI Stat. 422.409.

  6. Plaintiff's Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

  7. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account nor provided writings evidencing all transactions of the alleged account as stated in The Wisconsin Consumer Act, Wis. Stat. 425.109(2).

  8. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

  9. Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time.

  10. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act.

 

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It says a party cannot deny on information and belief UNLESS it includes a statement that "he or she has made a reasonable inquiry and that the information known or readily obtainable by the party is insufficient to enable the party to admit or deny".

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Hello abelincoln... how did it go with your response to the request for admission, interrogatories, etc..?  We're in the same boat as of today, and I want to know how I should word my responses.

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