WhiteMamba

Help with Admissions and Production

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Received my Admissions and Production requests with no statements of any kind.  Is a lawyer allowed to sign a date on a certificate of service that is not true?  Mine is signed 23rd of July being mailed from Puyallup, Washington but is postmarked the 18th of July from San Diego, California.  Any help with this would be great.

 

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@WhiteMamba

 

Here are my suggestions.

 

You can admit to some of the admissions.  For instance, if 1 - 7 are correct, you can admit them. 

 

Since PRA provided no credit card statements, I'd deny #8. 

 

9.  Objection.  Plaintiff's request is irrelevant to the this action.  Without waiving the foregoing objection, Defendant _______ (admit or deny).

 

10.  Objection.  Plaintiff's request is irrelevant to the this action.  Without waiving the foregoing objection, Defendant _______ (admit or deny).

 

11.  Objection.  Plaintiff's request is irrelevant to the this action.  Without waiving the foregoing objection, Defendant _______ (admit or deny).

 

12 - 26.   To date, Plaintiff has provided no documentation from Credit Company.   After a reasonable search, Defendant has insufficient information to admit or deny.  Without waiving the foregoing, Defendant denies.

 

27.  To date, Plaintiff has provided no documentation from Credit Company.   Therefore, Defendant denies.

 

28.  To date, Plaintiff has provided no documentation from Credit Company.  Defendant has denied knowing that she owes any amount to Credit Company.  Based upon the foregoing, Defendant denies.

 

29 & 30.  Your call.

 

Production of documents

 

1.  After a reasonable search, Defendant has not located any such documentation.

 

2.  Defendant has no such documents.

 

3.  Defendant has no such documents.

 

4.  None at this time.

 

5.  Same as #1

 

6.  Same as #1

 

7.  Need some suggestions for this one.

 

8. Same as #1

 

9.  Objection.  It should be within Plaintiff's knowledge as to whether or not it has placed a negative notation on Defendant's credit report.  In addition, any notation by Plaintiff on Defendant's credit report is irrelevant to this lawsuit.   Without waiving the foregoing, Defendant does not have a copy of her credit report.

 

10 - 13.  None at this time (if that's the case).

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Thanks, does them perjuring the dates on this paperwork give me something to hold on to later if this gets to trial, as it looks like here it says it will be jury?

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7. Objection on the grounds it is overbroad , and unduly burdensome. Plaintiff has not proven standing in above action. Without waiving foregoing objection after a diligent search and reasonable inquiry defendant does not have any of the requested documents in his possession. If such documents exist, they should be available to plaintiff from plaintiff's own records.

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I would use that for requests that say "all documents" any request that would require you to find anything you wouldn't normally have or keep.

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7. Objection on the grounds it is overbroad , and unduly burdensome. Plaintiff has not proven standing in above action. Without waiving foregoing objection after a diligent search and reasonable inquiry defendant does not have any of the requested documents in his possession. If such documents exist, they should be available to plaintiff from plaintiff's own records.

 

 

Good job, @shellieh98 and thank you!

 

I'd add a little more to it.  Since no credit card statements have been provided:

 

"Absent documentation, Plaintiff has not shown the existence of the account in question or its standing to sue in this action."

 

@WhiteMamba

 

You did say they haven't provided any documentation, correct?

 

Also, regarding the certificate of service, this is a weird one.  The attorney is licensed in OR (he provides his OR bar number on the certificate).  If you look him up on the OR Bar Assoc. website, his address is in WA.   But you said the postmark was 3 days earlier from CA.   I honestly don't know that this would be an issue.  The attorney could claim he just made a mistake when he wrote the date.   Try contacting some attorneys in your state to see if one will answer that question.

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Thanks, does them perjuring the dates on this paperwork give me something to hold on to later if this gets to trial, as it looks like here it says it will be jury?

Only if it prejudices you. For instance, if they were able to get anything deemed admitted because they said you were late in your responses.

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yes, I have received no documentation as far as statements affidavits or otherwise to support they're claim for payment,  Do i need to respond on pleading paper and do I also need to submit a copy of my answers to the court?

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@WhiteMamba

 

Study your court's rules of civil procedure.  In my state, a proper answer to a complaint looks just like the complaint itself.  It contains the court header, names of the parties, case number, etc.  We also have to file our answer with the courts and send a copy to the attorney for the plaintiff.

 

Have you thought about affirmative defenses?

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@WhiteMamba

 

 

If you outright denied their allegations in the complaint, I don't know if it would be considered inconsistent to do anything other than deny most of the admissions.

 

I'm very careful about suggesting that certain allegations and admissions be outright denied.  If you denied opening the account, what would you do if they come up with credit card statements that show your name and address?  If the statements show charges, and payments, would your bank records show that you made those payments?  ?  If the account is not yours, that's one thing.  If you can get the evidence thrown out, that helps.  But if it is your account and the evidence is admissible, it could be a problem.  

 

That's why I like the "insufficient information" response. They haven't provided any evidence that supports what they claim so you're telling the truth when you say that don't have enough information to admit or deny.  Do you know that credit card number by memory?   Without any documentation, how do you know the account is the one that you opened?  It could be, but it might not be.  You just don't know.

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Can I copy what they sent me, edit and put my answers under they're questions?

 

Sure.

 

 

1st one asks me to admit if i am a resident of the city in which the suit was filed,  I denied that as suit was filed in a different city.

 

You were correct to deny. 

 

They filed in the wrong court?  Or does that court also cover your city?

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Here is one I answered differently, Admit that you are not alleging identity theft regarding the Credit account at issue.     Since I am disputing account and all I answered it, Defendant Admits to not alleging identity theft regarding the alleged credit account at issue.   I believe as it was worded you could be said to be admitting to the account just not claiming identity theft.

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Yay, you just need to be sure it is dismissed in the 28 days. No you can't get it with prejudice, that is usually preserved for cases won't on merit, or if they do it voluntary . But a win is a win.

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Do I get to file back for my court costs?  It just shows they either weren't committed or had what it took to prove anything,  It really is a drain for these companies to clog up courthouse just looking for the default summary judgements.

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Look in your rules. Most courts have something you have to file and pursue to get your costs back. Each state is different, but almost all make you jump thru hoops

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:UPDATE:    I am still going to arbitration the notice of dismissal it turns out is only if they don't get they're act together and schedule it.  It gets better, so you get notice of dismissal but if they schedule hearing you will get no  further notice telling you that arbitration is on.

 

Can someone point me in direction of what I need to do as I think I need to do admissions and productions to them?

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