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 I have question regarding the discover, so I recently received Interrogatories, Request of Admission, and Request of documents with a package that included Affidavit of debt, affidavit of sale/transfer, credit card agreement , bank statements and etc. How would I answer Interrogatories and Request of Admission when they are providing documents that support their request?  Can I still Object and Deny despite there “evidence/exhibits”?     

 

 

Please help in preparing answers J

 

 I have question regarding the discover, so I recently received Interrogatories, Request of Admission, and Request of documents with a package that included Affidavit of debt, affidavit of sale/transfer, credit card agreement , bank statements and etc. How would I answer Interrogatories and Request of Admission when they are providing documents that support their request?  Can I still Object and Deny despite there “evidence/exhibits”?     

 

 

 

 

Form Interrogatories

102.1 State Your name, any other names by which you have been known, and your ADDRESS

102.4 Sate each residence ADDRESS for the last five years and the dates you lived at each ADDRESS

115.2 Sate in detail the facts upon which you base your contention that you are not responsible, in whole or in part for plaintiff’s damages 

 

Request of Admission

Request No 1

GCFS is, and was at all times material to subject matter of this lawsuit, a corporation qualified to do business in California

Request No 2

GCFS is, and was at all times material to the subject matter lawsuit, the owner of hlder of all rights, title, and interest in the ACCOUNT

Request No 3

GCFS is the successor-in interest of the BANK

Request No 4

 The Agreement contains the terms and conditions that govern the ACCOUNT.

Request No 5

The AGREEMENT contains a provision that YOUR use of the CREDIT CARD is acceptance of the terms and conditions of the AGREEMENT.

Request No 6

BANK issued YOU the CREDIT CARD

Request No 7

YOU used the Credit Card to Purchase goods and/or services, including balance transfer, cash advances, and overdraft advances, on the ACCOUNT.

Request No 8

YOU E-Signed the Agreement by using the CREDIT CARD.

Request No 9

On or about 2/29/2012, YOU breached the AGREEMENT

Request No 10

The BANK preformed all obligations to YOU pursuant to the terms of the AREEMENT, except those obligations which they excused from preforming.

Request No 11

YOU made your last payment on or about 7-7-11

Request No 12

BANK suffered damages caused by YOUR branch of the AGREEMENT in the sum of $10,561.47

Request No 13

The AGREEMENT allowed BANK to charge at least 10.00 percent interest per annum on damages caused by breach.

Request No 14

YOU became indebted to BANK within the last four years.

Request No 15

An account was stated in writing between the BANK and YOU.

Request No 16

It was agreed that YOU were indebted to the BANK in the sum of $10,561.47

Request No 17

You have no valid affirmative defense to the causes of action in PLAINTIFF’S complaint.

 

 

Request of documents

All Corresponded sent by defendant regarding Wells Fargo Bank N.A Card services visa credit card account number xxxx-xxxx-xxxx-0887

 

All Documents correspondence, including billing statements, Defendant received regarding the above-stead credit card account.

 

All Documents showing that Defendant is not indebted to Plaintiff in the sum of $10,xxx.xx (pulse interest) or in any sum at all

 

Copies of any all documents support or evidence all affirmative defenses that Defendant intends to raise against plaintiffs complaint.

 

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On your admits, did you type them out exactly, or use shortcuts?

Example req. number 4

The Agreement contains the terms and conditions that govern the ACCOUNT.

Did they send you an agreement? Was it for the credit card? Was it for the bill of sale? Did they identify what agreement in their admit, or is that exactly what the admit says verbatim?

Answer: Denied. The information is not known or readily available. Plaintiff does not identify "the agreement" in his request. After a reasonable inquiry and diligent search defendant must deny.

That response is if you according to your states rules need to give a reason for a denial. If you don't, then a flat out deny will work.

Also, you would also deny all the stuff about the JDB having ownership, bringing in business, etc., you have no way of knowing its business or it's practices. You have never heard of them before this suit.

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Hi Shellieh98

 

Thier was a deffination attachemnt that had all the words deffined it was about 2 pages with or words. They did send me an agreement for a credit card but is not sepcific to my account, seems like a general disclousre dated sometime in 2012.
THanks

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What year was the card opened?

Did they send in the complaint the date the account was opened?

If it was not 2012you could say plaintiff sent a card agreement but was dated 2012. Plaintiff alleges account was opened in xxxx. Defendant has no way of knowing if this is the card agreement that governs the account, therefore denies.

Admits and Rogs can be tricky, but there is always a way to answer without perjuring yourself.

You should include definitions so we don't steer you wrong.

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I've seen some similar questions being asked from JDBs somewhere in these threats, i will see if i can find some samples for you to formulate your answers.

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 I have question regarding the discover, so I recently received Interrogatories, Request of Admission, and Request of documents with a package that included Affidavit of debt, affidavit of sale/transfer, credit card agreement , bank statements and etc. How would I answer Interrogatories and Request of Admission when they are providing documents that support their request?  Can I still Object and Deny despite there “evidence/exhibits”?     

They are providing hearsay documents that many were prepared for the sake of litigation. You may find them to be untrustworthy. You don't really know these people in the affidavits are who they claim or even know anything about it. Also, affidavits are inadmissible at trial if defended properly. If these people want to give testimony they can come to trial and do it, where you can see them and they can lay a foundation for themselves and be crossed examined. The bill of sale references other documents but doesn't provide them and doesn't prove an assignment to your account. You can object and deny. Theses are bottom feeders that are untrustworthy, and have not authenticated anything. 

 

 

 

 

 

Form Interrogatories

115.2 Sate in detail the facts upon which you base your contention that you are not responsible, in whole or in part for plaintiff’s damages 

Defendant has denied the allegations in the complaint and plaintiff  by it's own admission is not the damaged party (see plaintiff's RFA #12) Plaintiff alleges to have purchased known delinquent debts in an attempt to profit from them, and would have caused it's own damages, if any truly exist, for failure to mitigate it's own damage.

 

Request of Admission

Request No 12

BANK suffered damages caused by YOUR branch of the AGREEMENT in the sum of $10,561.47

 

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They are providing hearsay documents that many were prepared for the sake of litigation. You may find them to be untrustworthy. You don't really know these people in the affidavits are who they claim or even know anything about it. Also, affidavits are inadmissible at trial if defended properly. If these people want to give testimony they can come to trial and do it, where you can see them and they can lay a foundation for themselves and be crossed examined. The bill of sale references other documents but doesn't provide them and doesn't prove an assignment to your account. You can object and deny. Theses are bottom feeders that are untrustworthy, and have not authenticated anything. 

Defendant has denied the allegations in the complaint and plaintiff  by it's own admission is not the damaged party (see plaintiff's RFA #12) Plaintiff alleges to have purchased known delinquent debts in an attempt to profit from them, and would have caused it's own damages, if any truly exist, for failure to mitigate it's own damage.

Nice! I didnt even see that one. I did however notice that in

Request No 11 says

YOU made your last payment on or about 7-7-11 and

Request No 9 Says

On or about 2/29/2012, YOU breached the AGREEMENT

If i didnt last payment was made on 7/7/11 how did i breach the agreement in 02/29/2012...???

 

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Defendant has denied the allegations in the complaint and plaintiff  by it's own admission is not the damaged party (see plaintiff's RFA #12) Plaintiff alleges to have purchased known delinquent debts in an attempt to profit from them, and would have caused it's own damages, if any truly exist, for failure to mitigate it's own damage.

 

But are they not legally standing int he shoes of OC therefore the alleged damages to OC are seen in the eyes of the laws as damaged to plaintiff???

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But are they not legally standing int he shoes of OC therefore the alleged damages to OC are seen in the eyes of the laws as damaged to plaintiff???

That's for the judge to decide. They haven't proven an assignment. They have not proven standing. They have the burden of proof and are far from it at this time.

 

Also, they will claim to be standing in the shoes of the OC and now a party to the terms, and that all rights have been assigned to them. But you can't really assign damages to someone else. On that note; the bottom feeder bought the debt for a fraction of what is being claimed damage, so if it truly was damaged it would be by the amount paid. Profit should not be counted as damage. And they bought debts that they knew were bad, in hopes of profiting from it. So they caused their own damage if any exist, which is failure to mitigate damages.

 

This is not your strongest argument or focus by any means, they just asked why you are not responsible for their damage, and this is just part of the answer, pointing out that they have none. Plaintiff damage is usually a non issue as most people here win anyway.

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If i didnt last payment was made on 7/7/11 how did i breach the agreement in 02/29/2012...???

 

Good question. So it is untrustworthy, lacks authentication / foundation, as are the majority of their statements. Not to mention hearsay.

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Nice! I didnt even see that one. I did however notice that in

Request No 11 says

YOU made your last payment on or about 7-7-11 and

Request No 9 Says

On or about 2/29/2012, YOU breached the AGREEMENT

If i didnt last payment was made on 7/7/11 how did i breach the agreement in 02/29/2012...???

So if last payment is alleged in 2011, they cannot show user of the account agreed to the terms of the credit card agreement they sent you dated 2012.

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So if last payment is alleged in 2011, they cannot show user of the account agreed to the terms of the credit card agreement they sent you dated 2012.

Thats is my point but how do i fight that? Discover? Trail? MSJ? 

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So if last payment is alleged in 2011, they cannot show user of the account agreed to the terms of the credit card agreement they sent you dated 2012.

And they cannot fix the problem and send the correct set and now swear this is the one, and not be viewed as less trustworthy

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Thats is my point but how do i fight that? Discover? Trail? MSJ?

 

You fight them, and keep pressure on them. You do it in stages. Right now you are in the discovery stage. Answers theirs, send them yours (RFP's). You get the evidence, and poke holes in it (with the rules of evidence) and motion to strike it at the proper time (pre trial - trial stage).

 

Learn how to fight evidence, find out what evidence they plan to introduce, and object and motion to strike what they plan to introduce and then fight whatever is left at trial (there's more to it then that but you get the idea).

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And they cannot fix the problem and send the correct set and now swear this is the one, and not be viewed as less trustworthy

 

 

So if last payment is alleged in 2011, they cannot show user of the account agreed to the terms of the credit card agreement they sent you dated 2012.

Just to make sure im not mistaken can you guys jump over and take look to make sure im correct in this matter? Its for 2012 right?

http://www.creditinfocenter.com/community/index.php?app=core&module=attach&section=attach&attach_id=2622

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