WhiteMamba 12 Posted August 13, 2014 Report Share Posted August 13, 2014 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. merged.pdf Quote Link to post Share on other sites
BV80 2,819 Posted August 14, 2014 Report Share Posted August 14, 2014 @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). Quote Link to post Share on other sites
WhiteMamba 12 Posted August 14, 2014 Author Report Share Posted August 14, 2014 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? Quote Link to post Share on other sites
shellieh98 1,505 Posted August 14, 2014 Report Share Posted August 14, 2014 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. 2 Quote Link to post Share on other sites
shellieh98 1,505 Posted August 14, 2014 Report Share Posted August 14, 2014 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. Quote Link to post Share on other sites
BV80 2,819 Posted August 14, 2014 Report Share Posted August 14, 2014 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. 1 Quote Link to post Share on other sites
shellieh98 1,505 Posted August 14, 2014 Report Share Posted August 14, 2014 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. Quote Link to post Share on other sites
WhiteMamba 12 Posted August 14, 2014 Author Report Share Posted August 14, 2014 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? Quote Link to post Share on other sites
BV80 2,819 Posted August 14, 2014 Report Share Posted August 14, 2014 @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? Quote Link to post Share on other sites
WhiteMamba 12 Posted August 15, 2014 Author Report Share Posted August 15, 2014 I have already filed my answer to the suit with initial affirmative defenses. 1 Quote Link to post Share on other sites
BV80 2,819 Posted August 15, 2014 Report Share Posted August 15, 2014 @WhiteMamba You denied everything or stated that you didn't have enough information, right? Quote Link to post Share on other sites
WhiteMamba 12 Posted August 17, 2014 Author Report Share Posted August 17, 2014 In the answer to the suit I denied everything, I just wasn't sure I needed to answer the requests for admissions in the same way I did suit. Quote Link to post Share on other sites
BV80 2,819 Posted August 17, 2014 Report Share Posted August 17, 2014 @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. Quote Link to post Share on other sites
WhiteMamba 12 Posted August 18, 2014 Author Report Share Posted August 18, 2014 I denied them lacking sufficient evidence to form a belief as to the truth of the allegation. Quote Link to post Share on other sites
WhiteMamba 12 Posted August 18, 2014 Author Report Share Posted August 18, 2014 Can I copy what they sent me, edit and put my answers under they're questions? Quote Link to post Share on other sites
WhiteMamba 12 Posted August 18, 2014 Author Report Share Posted August 18, 2014 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. Quote Link to post Share on other sites
BV80 2,819 Posted August 18, 2014 Report Share Posted August 18, 2014 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? Quote Link to post Share on other sites
WhiteMamba 12 Posted August 18, 2014 Author Report Share Posted August 18, 2014 They filed suit at the county courthouse which is in a different city. The county covers the city I live in. Quote Link to post Share on other sites
WhiteMamba 12 Posted August 18, 2014 Author Report Share Posted August 18, 2014 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. Quote Link to post Share on other sites
BV80 2,819 Posted August 18, 2014 Report Share Posted August 18, 2014 @WhiteMamba I think your answer for that one was just fine. Quote Link to post Share on other sites
WhiteMamba 12 Posted August 25, 2014 Author Report Share Posted August 25, 2014 Got this in the mail today, does this mean case will be dismissed? Can I get it dismissed with prejudice? Quote Link to post Share on other sites
shellieh98 1,505 Posted August 25, 2014 Report Share Posted August 25, 2014 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. Quote Link to post Share on other sites
WhiteMamba 12 Posted August 25, 2014 Author Report Share Posted August 25, 2014 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. Quote Link to post Share on other sites
shellieh98 1,505 Posted August 25, 2014 Report Share Posted August 25, 2014 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 Quote Link to post Share on other sites
WhiteMamba 12 Posted September 17, 2014 Author Report Share Posted September 17, 2014 :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? Quote Link to post Share on other sites