fight2win

Won before, but here we go again....

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The only thing I would do is add the "Defendant's will supplement..." line to section I and III.  Otherwise, you're good to go!

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The only thing I would do is add the "Defendant's will supplement..." line to section I and III.  Otherwise, you're good to go!

Ok, will do.  Thank you!

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@fight2win

 

Harry:

 

I was getting my Disclosure printed, and I decided to just reference back to the Disclosure Statement form the court sent to, which I'm not using, but wanted to make sure I had all the right info. on my document...

 

but there are three areas required to be completed 1) The following facts support my side of this case, 2) If I am claiming that the other side should pay me money, the following facts support that claim:, and 3) The following law supports my side of this case

 

 

 

I know you said that those areas need only be completed if it's a case for a different court, but the court form template does include them.  

 

Should I include, at least, 1 and 3?  

 

I.          FACTUAL BASIS OF DEFENSE:

 

1.  The Plaintiff cannot prove a claim on an account, account stated or otherwise under Arizona rules of civil procedure because the Defendant never received, personally or for the benefit of any other person, any goods, wares or merchandise, personal services, labor, or labor and materials from the Plaintiff or its assignor(s). The account stated doctrine does not suspend the rules of evidence to convert a bare assertion of indebtedness into liability.

 

2.  The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.  not sure about this one.... 

 

3. Defendants dispute that they entered into a contract with Plaintiff as Plaintiff has failed to produce any contract signed or otherwise.

 

4. The Plaintiff lacks standing to sue the Defendants, since at no time did the Defendants cause any harm to the Plaintiff. Furthermore, persons seeking redress in Arizona courts must first establish standing to sue. Bennett v. Napolitano, 81 P. 3d 311 - Arizona Supreme Court 2003.

 

As for the law that supports my side of the case, what might I use there?  I didn't have any laws referenced other than what was listed above.  I'm a bit confused by that.

 

 

Thank you! 

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It's your call. The rules don't require it and I don't like to do more than necessary for fear that I might make a mistake which could come back to bite me later in the case. In my opinion, factual basis is one of those things. If you say "my case is based on a, b and c" and later find out d, e and f can also apply, the plaintiff will argue you said it was only a, b and c and will fight you on using d, e and f.

To that end, I don't want to give advice on what to say in your factual basis because if it's bad advice it could cost you your case, where this would not likely be the case if you do only what the rules require.

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@fight2win

 

1.  The Plaintiff cannot prove a claim on an account, account stated or otherwise under Arizona rules of civil procedure because the Defendant never received, personally or for the benefit of any other person, any goods, wares or merchandise, personal services, labor, or labor and materials from the Plaintiff or its assignor(s). The account stated doctrine does not suspend the rules of evidence to convert a bare assertion of indebtedness into liability.

 

 

If the JDB provided credit card statements that showed charges and payments, that's prima facie evidence that you did receive a benefit from the OC.

 

 

2.  The Plaintiff cannot prove a claim for breach of contract because it does not have evidence of offer, acceptance and consideration given for the original contract between the Defendant and the card issuer and any amendments to that contract.

 

 

 

Charges and payments evidence an acceptance. 

 

In my opinion, you'd have to show that the credit card statements are not admissible under the business records exception. 

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It's your call. The rules don't require it and I don't like to do more than necessary for fear that I might make a mistake which could come back to bite me later in the case. In my opinion, factual basis is one of those things. If you say "my case is based on a, b and c" and later find out d, e and f can also apply, the plaintiff will argue you said it was only a, b and c and will fight you on using d, e and f.

To that end, I don't want to give advice on what to say in your factual basis because if it's bad advice it could cost you your case, where this would not likely be the case if you do only what the rules require.

@Harry Seaward

 

Ok, I understand what you're saying, and after looking at Rule 121 again, I see that I am including what is required.  I think what I have is sufficient and will go ahead and send it off.

 

Thanks :)

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Happy Turkey Day - I imagine (and hope) no one is on this forum today (except me, just to post this up for later response...).

 

My RFAs and Rogs are due next Friday.  What they sent to me was an exact duplicate of what I received last year for the other case, with the exception of a few questions.

 

Could I get some feedback, once again, just to ensure these questions are answered properly?  

 

I will be working to prepare my own RFAs and Rogs.  I'll post those up for feedback when I'm done.

 

Thanks!  ::daisy:: 

 

 

Interrogatory No. 1:

Identify all persons who participated in the preparation of the answers to these interrogatories.

 

Response to Interrogatory No.1:

Answer: _______________ and ________________

 

RFA No. 1:

You are a resident of the county in which this suit was filed.

 

Response to RFA No. 1:

Answer: ADMIT

 

RFA No. 2:

You signed the original application for the Card.

 

Response to RFA No. 2:

Answer: DENY

 

Interrogatory No. 2:

If Defendant does not admit signing the original application for the Card, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 2

Answer: DENY

To the best of the Defendant's memory, and without any proof provided, Defendant does not remember signing an application for the Card.

 

RFA No. 3:

You used the Card to make purchases or obtain extensions of credit in the State in which this suit was filed.

 

Response to RFA No. 3

Answer: DENY

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.  Furthermore, this request should be accessible to the Plaintiff from the Plaintiff’s own files, from documents or information already in Plaintiff’s possession. 

 

Interrogatory No. 3:

If you contend or believe that venue of this action is not proper in the county in which this suit was filed, state the factual basis of any such contention or belief.

 

Response to Interrogatory No. 3:

Answer: OBJECT

Defendant, not being a lawyer or trained in legal matters, cannot determine whether or not this is true.  Calls for guesswork by the Defendant.

 

RFA No. 4:

Defendant applied to Issuer for issuance of the Card.

 

Response to RFA No. 4

Answer: DENY

 

RFA No. 5:

The Card was issued to Defendant.

 

Response to RFA No. 5

Answer: DENY 

 

RFA No. 6:

Defendant received the Card.

 

Response to RFA No. 6

Answer: DENY

 

RFA No. 7

Defendant accepted the Card.

 

Response to RFA No. 7

Answer: DENY

 

Interrogatory No. 4:

If Defendant does not admit to having received the Card, identify all persons whom Defendant believes may have received the Card.

 

Response to Interrogatory No. 4

Answer: OBJECT

Defendant objects to Interrogatory No. 4 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

RFA No. 8:

Defendant signed the back of the Card.

 

Response to RFA No. 8

Answer: DENY

 

RFA No. 9:

Defendant used the card to make purchases.

 

Response to RFA No. 9

Answer: DENY

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.   Furthermore, this request should be accessible to the Plaintiff from the Plaintiff’s own files, from documents or information already in Plaintiff’s possession. 

 

RFA No. 10:

Defendant used the Card to obtain extensions of credit.

 

Response to RFA No. 10

Answer: DENY

 

Interrogatory No. 5:

If Defendant does not admit having used the Card, identify any persons whom Defendant believes may have used the Card and state whether each such person was authorized by Defendant to use the Card.

 

Response to Interrogatory No. 5

Answer: OBJECT

Defendant objects to Interrogatory No. 5 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

RFA No. 11:

Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card.

 

Response to RFA No. 11

Answer: DENY

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.   Furthermore, this request should be accessible to the Plaintiff from the Plaintiff’s own files, from documents or information already in Plaintiff’s possession. 

 

RFA No. 12:

Defendant accepted each such advance on the Account.

 

Response to RFA No. 12

Answer: DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Interrogatory No. 6:

If Defendant denies having accepted each advance on the Card, identify each advance or charge on the Card that defendant disputes.

 

Response to Interrogatory No. 6

Answer: DENY

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

RFA No. 13:

Subsequent to activation of the Card, Defendant failed to make timely payments on the Account.

 

Response to RFA No. 13

Answer: DENY

 

Interrogatory No. 7:

If Defendant has refused to admit RFA No. 13, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 7

Answer: DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 14:

Subsequent to activation of the Card, Defendant defaulted under the terms of the Cardmember Agreement (“Agreement”) between Issuer and Defendant applicable to the Account.

 

Response to RFA No. 14

Answer:  DENY

 

Interrogatory No. 8:

If Defendant has refused to admit RFA No. 14, State the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 8

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 15:

By using the Account, Defendant became bound to the terms of the Agreement and became bound to pay the amounts owed, plus any additional charges provided for in such Agreement including court costs and attorney’s fees.

 

Response to RFA No. 15

Answer:  DENY

 

Interrogatory No. 9:

If Defendant has refused to admit RFA No. 15, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 9

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 16:

Plaintiff is the current owner of Account.

 

Response to RFA No. 16

Answer:  OBJECT

Defendant objects to this request on the grounds that the Defendant has insufficient information to affirm or deny and leaves Plaintiff to provide proof.

 

Interrogatory No. 10:

If Defendant has refused to admit RFA No. 16, state who Defendant believes to be the owner of the Account and the reason for forming such belief.

 

Response to Interrogatory No. 10

Answer:  OBJECT

Defendant objects to this Interrogatory No. 10 on the grounds that the Defendant has insufficient information to affirm or deny and leaves Plaintiff to provide proof.

 

RFA No. 17:

Until at least the Charge-off date Issuer sent to Defendant on a monthly basis a statement of charges and balance due on the Account.

 

Response to Interrogatory No. 17

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 18:

Defendant did not, within sixty days of the date of any billing statement on the Account send to Issuer a written dispute of the billing statement.

 

Response to RFA No. 18

Answer:  OBJECT

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 19:

Defendant has failed to repay all of the advances made my Issuer on the Account.

 

Response to RFA No. 19

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

RFA No. 20:

The balance due, owing, and unpaid on the Account, after allowing all just and lawful payments, credits and offsets, was $________ as of ______________, 20___.

 

Response to RFA No. 20

Answer:  DENY

 

Interrogatory No. 11:

If Defendant has refused to admit RFA No. 20, state the balance that the Defendant believes to have been due on the Account as of __________, 20___ and explain how such balance was calculated.

 

Response to Interrogatory No. 11

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Furthermore, Defendant has not seen any authenticated records showing how alleged balance was calculated. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative. 

 

RFA No. 21:

Defendant, __________________, was married to Defendant, _____________________, at the time the charges were made to the Account in question.

 

Response to RFA No. 21

Answer:  DENY

 

Interrogatory No. 12:

If Defendant has refused to admit RFA No. 21, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 12

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

RFA No. 22:

At least forty-five days prior to the date on which you were served with the Original Complaint in this case you received a letter from Plaintiff’s attorney requesting payment of the Account.

 

Response to RFA No. 22

Answer: DENY

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

 

RFA No. 23:

Defendant negotiated a transaction on the account with ________ on our about _____, 20__, in the amount of $______.

 

Response to RFA No. 23

Answer:  DENY

 

Interrogatory No. 13:

If Defendant has refused to admit RFA No. 23, state the factual basis of any such refusal to admit.

 

Response to Interrogatory No. 13

Answer: DENY

Defendant has no such documents in his possession at this time. Defendant reserves the right to amend his responses per the rules of civil procedure if such documents become available.

 

RFA No. 24:

Defendant made a payment on the Account in question on or about ______, 20___, in the amount of $___________.

 

Response to RFA No. 24

Answer:  ___________

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

RFA No. 25:

Defendant is indebted to Plaintiff for the amounts asserted in Plaintiff’s Original Complaint in this case.

 

Response to RFA No. 25

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Interrogatory No. 14:

What is Defendant’s current address?

 

Response to Interrogatory No. 14

Answer:

 

Interrogatory No. 15:

Has Defendant lived at different addresses than Defendant’s current address in the past five (5) years and if so, which addresses?

 

Response to Interrogatory No. 15

Answer:  OBJECT

The Defendant objects to Interrogatory No. 15 as it is overly invasive of the Defendant’s privacy rights, and not relevant to this case, and is not reasonably calculated to lead to the discovery of admissible evidence.

 

Interrogatory No. 16:

If Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than Defendant, identify such other persons or entities and state the facts on which that contention or belief is based.

 

Response to Interrogatory No. 16

Answer:  OBJECT

Defendant objects to Interrogatory No. 16 because it is irrelevant and not reasonably calculated to lead to relevant or discoverable information.

 

Interrogatory No. 17:

Identify all persons whom you intend to call as witnesses at trial, other than rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial.

 

Response to Interrogatory No. 17

Answer:  NONE

 

Interrogatory No. 18:

Identify all persons whom you may call as expert witnesses at trial and state the subject matter of each such person’s anticipated testimony and the opinions of each such person concerning the subject matter of this litigation.

 

Response to Interrogatory No. 18

Answer:  NONE

 

Interrogatory No. 19:

Identify all persons whose mental impressions or opinions have been reviewed by any person whom you may call as an expert witness at trial.

 

Response to Interrogatory No. 19

Answer:  NONE

 

Interrogatory No. 20:

If you are disputing only a portion of the Account, please identify which portions of the Account are disputed and which are not and state the reasons for any such disputes.

 

Response to Interrogatory No. 20

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Interrogatory No. 21:

Does Defendant have any documents that prove that the account in question has been paid in full?

 

Response to Interrogatory No. 21

Answer:  DENY

Defendant denies the Plaintiff’s request as it assumes there is an account being sued upon where no account has been identified as of yet by the Plaintiff or it’s attorney’s. Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request. Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession. The Plaintiff did not attach a copy of the Alleged Contract to the Complaint, thus the probity of the requested information is speculative.

 

Interrogatory No. 22:

Did Defendant receive statements at Defendant’s current and/or past addresses sent from the Issuer?

 

Response to Interrogatory No. 22

Answer:  DENY

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

Interrogatory No. 23:

Does the Defendant have any record of sending the Issuer a dispute letter?

 

Response to Interrogatory No. 23

Answer:  DENY

Defendant is unable to comply because there are no documents in Defendant’s possession, custody, or control responsive to this request.

 

1.  If you responded to any of the foregoing Requests for Admission with anything other than an unqualified admission, for each such response:

            (a) State the basis for such denial or qualification.

           

( B) State all facts that support your denial or qualified admission; and

                       

                        (i.) Identify each person having knowledge of each such fact; and

                       

(ii.) Identify every document which refers to, relates to, or evidences such fact.

 

© Set forth a complete and detailed exposition of what you contend to be the true statement of fact respecting the subject matter of each such denied or qualified request for admission.

 

 

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Here are my RFAs; I'll post up my Rogs next.

 

These are the ones I sent last year.  I added one (it is not numbered) in that references the differing dates of the Loan Sale Agreement (Bill of Sale references one date, the Affidavit references another).  I would like to mention that in my RFAs/Rogs just to bring it to their attention.  I am unsure of the appropriate wording.  I imagine there are a couple that need to be discarded....

 

Thank you!

 

REQUESTS FOR ADMISSION OF FACTS

 

 

RFA No. 1:

 

Plaintiff has no personal knowledge as to the mailing by the Issuer to Defendant of any written agreement governing the alleged Account.

 

___ADMIT ___DENY

 

RFA No. 2:

 

Plaintiff has no personal knowledge as to the mailing by the Issuer to Defendant of any billing statement for the alleged Account.

 

___ADMIT ___DENY

 

RFA No. 3:

 

Plaintiff has no personal knowledge as to why the Issuer entered any transaction, debit, credit or charge on any billing statement for the alleged Account. 

 

___ADMIT ___DENY

 

 

RFA No. 4:

 

Plaintiff’s right to acquire documents from the Issuer for the alleged Account is governed by the written agreement under which Plaintiff acquired the alleged Account.

 

___ADMIT ___DENY

 

 

RFA No. 5:

 

Plaintiff purchased the alleged Account from the Issuer on an "AS IS" and "WITH ALL FAULTS" basis, without recourse and without representations or warranties of any type, kind, character, nature, express or implied.

 

___ADMIT ___DENY

 

 

RFA No. 6:

 

Plaintiff does not have a written agreement or contract, signed by Defendant, between the Defendant and the Issuer.

___ADMIT ___DENY

 

 

RFA No. 7:

 

Plaintiff cannot state which date the contract sued upon was entered into.
 

___ADMIT ___DENY

 

 

RFA No. 8:

 

You have no written agreement, signed by Defendant, incorporating the terms and conditions of any agreement you allege exists in this case.
 

___ADMIT ___DENY

 

 

RFA No. 9:

 

Admit that Plaintiff purchases charged-off debts for not more than 8 cents on the dollar.
 

___ADMIT ___DENY

 

 

RFA No. 10:

 

Plaintiff has never exchanged goods, services, and/or money with the Defendant.

 

___ADMIT ___DENY

 

 

RFA No. 11:

 

Admit that there is no written agreement between you and Defendant.
 

___ADMIT ___DENY

 

RFA No. 12:

 

Admit that as of the date you drafted your Complaint, you had no evidence admissible at trial that proves Defendant owes the debt.

___ADMIT ___DENY

 

 

RFA No. 13:

 

Plaintiff did not originate any records regarding the creation of the alleged debt.

 

___ADMIT ___DENY

 

 

RFA No. 14:

 

Plaintiff has no personal knowledge of the creation of the alleged debt.

 

___ADMIT ___DENY

 

 

RFA No. 15:

 

Plaintiff does not have access to all of the records created and maintained by F.I.A. Card Services, N.A. that pertain to the alleged Account that is the subject of this lawsuit.

 

___ADMIT ___DENY

 

 

RFA No. 16:

 

When it acquired the alleged debt of Defendant, all Plaintiff obtained was a computer printout of alleged debtors, addresses and identifying information, and the supposed balances owed.
 

___ADMIT ___DENY

 

 

RFA No. 17:

 

Admit that the Bill of Sale from the Issuer to the Plaintiff does not reference the name(s) of the Defendant.
 

___ADMIT ___DENY

 

RFA No. 18:

 

Admit that the Bill of Sale from the Issuer to the Plaintiff does not reference the account number of the alleged debt that is the subject of this lawsuit.

 

___ADMIT ___DENY

 

 

RFA No. ___

 

Admit that the Bill of Sale and Assignment of Loans “Exhibit C” claims a different date for the Loan Sale Agreement than the Affidavit of Sale and Certification of Debt.

 

___ADMIT ___DENY

 

 

RFA No. 19:

 

Admit that you are unable to provide a complete accounting for the amount you are claiming from a zero balance to the alleged amount charged off.
 

___ADMIT ___DENY

 

 

RFA No. 20:

 

Plaintiff does not have in its custody, legible copies of any documents bearing Defendant's signature.

 

___ADMIT ___DENY

 

 

RFA No. 21:

 

Plaintiff’s Affiant is only advised of the alleged balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, firsthand knowledge of the alleged account and alleged debt as it was incurred.

 

___ADMIT ___DENY

 

 

RFA No. 22:

 

Plaintiff’s Affiant does not have in his/her immediate possession, or custody and control, all records pertaining to the alleged account and alleged debt of the Defendant, which is the subject matter of this lawsuit.

 

___ADMIT ___DENY

 

 

RFA No. 23:

 

All records allegedly held by Plaintiff, which allegedly prove Defendant is indebted to the Plaintiff, are not Plaintiff’s own business records which were originated by and kept in the regular course of business by Plaintiff.

 

___ADMIT ___DENY

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Ok, here are my ROGs.  Your input is greatly appreciated.

 

Interrogatory No. 1:

 

Identify all persons involved in the preparation of the answers to the interrogatories.  For each such person, provide their address and telephone number.  For each such person, also identify which interrogatory that person responded to.  Please also include their title with the Plaintiff and length of time of employment, if applicable to that person.

 

Interrogatory No. 2:

 

Identify each person who has knowledge or claims to have knowledge of information or events related to this lawsuit.  For each such person, give their name, address, telephone number, and a summary of that person’s knowledge or involvement in this matter.

 

Interrogatory No. 3:

 

Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

 

Interrogatory No. 4:

 

Identify all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the alleged account that contribute to the balance.

 

Interrogatory No. 5:

 

Identify the Bill of Sale demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant.

 

Interrogatory No. 6:

 

Identify all documents and tangible things Plaintiff received from Issuer in connection with the alleged Account that is the subject of this lawsuit.

 

Interrogatory No. 7:

 

Identify all documents Plaintiff is in possession of bearing Defendant's signature.

 

Interrogatory No. 8:

 

Identify any cancelled checks or copies of cancelled checks, or other verified payments on the alleged Account Plaintiff intends to introduce as evidence at trial.

 

Interrogatory No. 9:

 

Who signed the Affidavit of Debt? What is the Affiant’s name, job title, and work experience history?

 

Interrogatory No. 10:

 

State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by the Affiant on the same date as the Affiant’s Sworn Statement.

 

Interrogatory No. 11:

 

Please describe the Affiant’s process or correction of errors while reviewing documents related to consumer debt.

 

Interrogatory No. 12:

 

How does the Affiant know that the documents provided to him/her for verification of a debt are accurate and authentic? How much time does the Affiant spend verifying a debt before signing an Affidavit of Debt?

 

Interrogatory No. 13:

 

List all procedures that the Affiant used to verify the accuracy of the alleged debt owed to Issuer.  What documents were given to the Affiant for verification of this alleged debt? Were these same documents sent to the Defendant with the Complaint?

 

Interrogatory No. 14:

 

Does the Affiant have authorized access to original signed documents from the Issuer?  If so, list the individuals who gave the Affiant such authorization.

 

Interrogatory No. 15:

 

Does the Affiant use a computer to fill out Affidavits of Debt? How did the Affiant obtain the name and amount of debt allegedly owed by the Defendant?  Describe this process in detail.

 

Interrogatory No. 16:

 

Does the Affiant have personal knowledge of the alleged debt, as it was constituted?

 

Interrogatory No. 17:

 

Was the Affidavit of Debt created at or near the time of sale of the assets? 

 

Interrogatory No. 18:

 

On what date did the Affiant sign the Affidavit of Debt?  On what date was the Bill of Sale signed?

 

Interrogatory No. 19:

 

Does the Affiant have personal knowledge of the original alleged contract between the Defendant and the Issuer?  If so, what amendment terms were written on the contract?

 

Interrogatory No. 20:

 

How do Affidavits of Debt get notarized by the Affiant?  Does the Affiant personally take the Affidavits of Debt to the Notary to be notarized?  Does the Affiant watch the Notary authenticate each affidavit?

 

Interrogatory No 21.

 

For each Sworn Statement, state whether you have the version which contains the Affiant’s original signature.

 

Interrogatory No. 22:

 

Does the Bill of Sale state that FIA Card Services, N.A. sells the alleged Account on an “AS IS" and "WITH ALL FAULTS" basis, without recourse and without representations or warranties of any type, kind, character, nature, express or implied?

 

The exact verbiage is:  "without recourse and without representation or warranty of any type, kind, character or nature, express or implied, except as specifically provided in the Agreement, and subject to Buyer's and Seller's repurchase rights as set forth in the Agreement."  Should I use the exact words from the Bill of Sale here?

 

Interrogatory No. 23:

 

Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

 

1.  If you responded to any of the foregoing Requests for Admission with anything other than an unqualified admission, for each such response:

           

(a) State the basis for such denial or qualification.

           

( B) State all facts that support your denial or qualified admission; and

                       

                        (i.) Identify each person having knowledge of each such fact; and

                       

(ii.) Identify every document which refers to, relates to, or evidences such fact.

 

© Set forth a complete and detailed exposition of what you contend to be the true statement of fact respecting the subject matter of each such denied or qualified request for admission.

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I should have some time this evening to go over these, but at first glance, this statement you made several times jumped out at me:

"Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession."

 

When I read that it sounds like you're admitting the request and that Plaintiff already has the evidence.

 

I would leave that statement out entirely or say something like:

"Prior to bringing its breach of contract action, Plaintiff should have already had in its possession any evidence it needs to support its claims."

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I should have some time this evening to go over these, but at first glance, this statement you made several times jumped out at me:

"Plaintiff’s request should be accessible through Plaintiff’s own files, from documents or information already in Plaintiff’s possession."

 

When I read that it sounds like you're admitting the request and that Plaintiff already has the evidence.

 

I would leave that statement out entirely or say something like:

"Prior to bringing its breach of contract action, Plaintiff should have already had in its possession any evidence it needs to support its claims."

Hi - Ok, I see what you're saying.  I will make those changes.  I may need to hand deliver my answer doc's - would I need to get some sort of signature from them so I can prove that it was received?  My answers are due in a few days.  

 

Thank you-thank you~ 

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Another thing I see is that you deny several of their requests but then say you are not able to "comply".  I would think that a denial is a denial with no further explanation needed but if you are not able to comply, it would actually be an "objection" as opposed to a denial.

 

RFA # 5 says "as is" and "with all faults".  Does the bill of sale actually use these exact phrases?  I would only use language that appears in the bill of sale because otherwise you are asking them to agree to your definition of the other terms and you will miss the desired result of your RFA.

 

You make reference a few times to a "signed agreement".  (E.g. RFA #8).  Credit card debts are not required to be accompanied by a signed contract. 

 

RFA #9 is nonsense.  It's impossible to calculate how much they pay for each debt, and more importantly, what they pay is irrelevant to their claims.

 

RFA #12 I would make reference to specific documents, like "admit that at the time you filed your lawsuit you were not in possession of the bill of sale."  I would do a separate RFA for each document they have produced or may produce like account statements, affidavit, etc.  The reasoning is that documents prepared for the purposes of litigation are generally considered to have a lack of trustworthiness.  It probably won't help you because they will argue the original documents (with the exception of the JDB's affidavit) will have been created "at or near the time" of the events they describe.

 

RFA #16 is too general.  I would ask them to admit they did not receive specific documents, like I explained for RFA #12.

 

RFA #20 see my comments re: RFA #8.

 

RFA # 21 how is this different from RFA #14?

 

RFA #23 How is this different from RFA #13?

 

 

 

Rogg #5: "identify any document demonstrating..."

 

Rogg #17 eliminate because they will say it was and you are requesting the actual info you need in rogg #18

 

Rogg #21 signatures are not required for credit card debts.

 

Rogg #22 see my comments on RFA #5

 

I would add a rogg asking them to identify with specificity each piece of evidence they intend to introduce at trial.

 

 

I would also make a request for production and ask for, at a minimum, the "agreement" that is referenced in the bill of sale.  Something like this:

"The bill of sale you produced in this case references an "Agreement" that allegedly defines buyer's and seller's repurchase rights with regard to the account you claim in this case was sold to you by [insert OC name here].  Produce in it's entirety the "Agreement" referenced in the bill of sale."

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Another thing I see is that you deny several of their requests but then say you are not able to "comply".  I would think that a denial is a denial with no further explanation needed but if you are not able to comply, it would actually be an "objection" as opposed to a denial.

 

RFA # 5 says "as is" and "with all faults".  Does the bill of sale actually use these exact phrases?  I would only use language that appears in the bill of sale because otherwise you are asking them to agree to your definition of the other terms and you will miss the desired result of your RFA.

 

You make reference a few times to a "signed agreement".  (E.g. RFA #8).  Credit card debts are not required to be accompanied by a signed contract. 

 

RFA #9 is nonsense.  It's impossible to calculate how much they pay for each debt, and more importantly, what they pay is irrelevant to their claims.

 

RFA #12 I would make reference to specific documents, like "admit that at the time you filed your lawsuit you were not in possession of the bill of sale."  I would do a separate RFA for each document they have produced or may produce like account statements, affidavit, etc.  The reasoning is that documents prepared for the purposes of litigation are generally considered to have a lack of trustworthiness.  It probably won't help you because they will argue the original documents (with the exception of the JDB's affidavit) will have been created "at or near the time" of the events they describe.

 

RFA #16 is too general.  I would ask them to admit they did not receive specific documents, like I explained for RFA #12.

 

RFA #20 see my comments re: RFA #8.

 

RFA # 21 how is this different from RFA #14?

 

RFA #23 How is this different from RFA #13?

 

 

 

Rogg #5: "identify any document demonstrating..."

 

Rogg #17 eliminate because they will say it was and you are requesting the actual info you need in rogg #18

 

Rogg #21 signatures are not required for credit card debts.

 

Rogg #22 see my comments on RFA #5

 

I would add a rogg asking them to identify with specificity each piece of evidence they intend to introduce at trial.

 

 

I would also make a request for production and ask for, at a minimum, the "agreement" that is referenced in the bill of sale.  Something like this:

"The bill of sale you produced in this case references an "Agreement" that allegedly defines buyer's and seller's repurchase rights with regard to the account you claim in this case was sold to you by [insert OC name here].  Produce in it's entirety the "Agreement" referenced in the bill of sale."

Thank you for going through all of those! 

 

I pulled my answers to the Rogs and RFAs from the last lawsuit because they were exactly the same for this one.  I knew there were some that needed to be taken out or revised.  I'm going to work on this tonight, but am I pretty good to go on my answers to their ROGs and RFAs?  Aside from that one verbiage that you recommended taking out?  From what I understand I have more time to get my discovery questions out to them.  

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[i'm referencing the following RFA as an example], but if I don't have any documents or recall any of these transactions, I should "OBJECT" instead, and then answer with the "After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.  Prior to bringing its breach of contract action, Plaintiff should have already had in its possession any evidence it needs to support its claims"? or, should I just simply deny?  

 

I am unclear on this because these were my prior answers.

 

 

 

RFA No. ___:

Issuer made cash advances to Defendant, either as actual cash or in payment for purchases Defendant made from third parties by using the Card.

 

Response to RFA No. ___:

Answer: DENY or OBJECT?

After engaging in diligent search and reasonable inquiry, Defendant is unable to comply because there are no documents in Defendants possession, custody, or control responsive to this request.  Plaintiff should have in its possession any evidence it needs to support its claims.

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Sorry, when I posted what I did I thought your responses were based on them asking you to produce documents for them.

For the RFA you quoted, I think something like this should be good:
"Answer: DENY

After conducting diligent research, defendant has determined she has in her possession no records nor independent recollection to enable her to admit Plaintiff's Request for Admission #1 and therefore denies the same."

 

 

Edit:  I just read the rules on answering RFAs and it seems you were more on the right track before I got involved.  lol

As you know, you can admit, deny or object to the RFAs.  You do not have to give an explanation if you admit or deny.   You do have to give an explanation if you object, but you cannot object on the "insufficient knowledge or information" grounds unless you state that you have made a "reasonable inquiry" to obtain knowledge or information.

 

So there you go.  Until you get into discovery, you won't know what all they actually have.  I suppose I would object with the "reasonable inquiry" language.

 

 

 

Edit #2: The other thing I'm just realizing is they co-mingled their RFAs and roggs and have them referencing each other.  And then there is not the same number of RFAs as roggs so rogg #7 relates back to RFA #13 (or whatever).  VERY CONFUSING!

 

With roggs, it seems you can object on any grounds and you don't have to make the "reasonable inquiry" statement.  You do have to affirm at the end of your answers that you answered all questions truthfully and that you have good faith basis for any objections that you made.

 

I'm reading Rule 124 and 126 so you can follow along to see if you come away with the same understanding as I.

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Sorry, when I posted what I did I thought your responses were based on them asking you to produce documents for them.

For the RFA you quoted, I think something like this should be good:

"Answer: DENY

After conducting diligent research, defendant has determined she has in her possession no records nor independent recollection to enable her to admit Plaintiff's Request for Admission #1 and therefore denies the same."

 

 

Edit:  I just read the rules on answering RFAs and it seems you were more on the right track before I got involved.  lol

As you know, you can admit, deny or object to the RFAs.  You do not have to give an explanation if you admit or deny.   You do have to give an explanation if you object, but you cannot object on the "insufficient knowledge or information" grounds unless you state that you have made a "reasonable inquiry" to obtain knowledge or information.

 

So there you go.  Until you get into discovery, you won't know what all they actually have.  I suppose I would object with the "reasonable inquiry" language.

 

 

 

Edit #2: The other thing I'm just realizing is they co-mingled their RFAs and roggs and have them referencing each other.  And then there is not the same number of RFAs as roggs so rogg #7 relates back to RFA #13 (or whatever).  VERY CONFUSING!

 

With roggs, it seems you can object on any grounds and you don't have to make the "reasonable inquiry" statement.  You do have to affirm at the end of your answers that you answered all questions truthfully and that you have good faith basis for any objections that you made.

 

I'm reading Rule 124 and 126 so you can follow along to see if you come away with the same understanding as I.

@Harry Seaward

 

Yes, their format for RFAs and Roggs was very confusing indeed!

 

I pretty much just used my original answers.  My new baby is sick, and with the holidays, etc. - I just need this done.  I should have requested an extension, but didn't want to appear weak.  These answers are due Friday, so I need to overnight them, I suppose.  Our pretrial conference is next week.  I really want to focus on my RFAs and Roggs to them, and make sure they are received before our conference.

 

I am including the preliminary statement below.  Do I need to include the definitions that they gave me?  I did last time - just curious if I should.

 

PRELIMINARY STATEMENT

 

It should be noted that this responding party has not fully completed investigation of the facts relating to this case and discovery is continuing in this action.  All responses contained herein are based only upon such information and documents which are presently available to and specifically known to this responding party. 

 

It is anticipated that continuing discovery, independent investigation, legal research and analysis will supply additional facts resulting in further information and documents.  The following responses are given without prejudice to this responding party’s right to produce evidence of any subsequently discovered facts or documents.  The responses contained herein are made in a good faith effort to supply information and documents presently in this responding party’s custody, control and/or possession, or within his knowledge, but should in no way be to the prejudice of this responding party in relation to further discovery, research and analysis.

 

 

thanks again~

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@Harry Seaward

 

Question:

 

The Bill of Sale indicates:  "This Bill of Sale and Assignment of Loans is made and entered into between CACH, LLC (Purchaser) and FIA..... (Seller), pursuant to the Loan Sale Agreement dated April 12, 2013 (the "Agreement") entered into between Purchaser and Seller.

 

The Affidavit of Sale and Cert. of Debt indicates:  "Said agreement and account was, on 04/16/2013, sold, transferred..."

 

So, that does clearly show two different dates for the Loan Sale Agreement, correct?  I am so tired -  I want to make sure I'm reading that right.  Both of those documents referencing the Loan Sale Agreement should be consistent.   I don't want to make a stupid error along the way here.

 

What are the most important documents to ask for in RFP besides the Agreement referenced in the Bill of Sale? 

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You can include the definitions.  They are lawyers and shouldn't need them, but if you do include them it narrows down their options to object.

 

Your preliminary statement looks good.

 

Re: the two different dates, I don't see them as being mutually exclusive.   April 12, 2013 is when the Loan Sale Agreement was "dated" and "entered into".  Then the sale transaction took place on April 16, 2013 under the terms of the Loan Sale Agreement that was signed 4 days before.  Think of it like this:  You want to buy a car, so you first go to your bank and enter a "pre-approval" agreement where they tell you how much they will loan at what interest rate and for how long.  <--- this is analogous to the Loan Sale Agreement.  Then 4 days later you go pick out a car from a dealer for the "sale" of the car, which, in the JDB comparison, would be the same as the actual transaction that included the debts.

 

I'm not saying that's exactly what happened, but it seems that way to me, and there isn't anything that I know of that mandates the debts have to be sold on the same day as the Loan Sale Agreement is signed by the parties.  If I'm not mistaken, JDBs and OCs often have standing agreements where they enter a Loan Sale Agreement for a year, say, and then several transactions are conducted under the terms of that one agreement over the course of the year.

 

For RFPs, there's not much you really need to ask the JDB to produce.  With the exception of the Loan Sale Agreement, they will want to get all of their evidence disclosed so they can use it at trial.

 

I had a couple more thoughts for things to ask for in your roggs.

- Ask them if they records they claim originated with BofA were transmitted to any third parties before being received by the JDB.

 

- Ask them to describe with specificity and detail the process by which they came into possession of the records they claim originated with BofA.

 

If you have some RFAs to burn, maybe explore their knowledge of BofA's record keeping processes.  You want to know if they have any personal knowledge of BofA's computer system, if it has ever been compromised by hacker or virus, etc, how data is entered and retrieved and what measures are in place to verify correct data entry.

 

You want to know if there are any weak links in that chain where the reliability of the records may have been compromised.  Unless you have a judge interested in accurate evidence, these things probably won't help you much, but it may turn up something, and if you are lucky enough to get to trial and request a jury, you might find a jury interested in the possibility of inaccurate data.

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You can include the definitions.  They are lawyers and shouldn't need them, but if you do include them it narrows down their options to object.

 

Your preliminary statement looks good.

 

Re: the two different dates, I don't see them as being mutually exclusive.   April 12, 2013 is when the Loan Sale Agreement was "dated" and "entered into".  Then the sale transaction took place on April 16, 2013 under the terms of the Loan Sale Agreement that was signed 4 days before.  Think of it like this:  You want to buy a car, so you first go to your bank and enter a "pre-approval" agreement where they tell you how much they will loan at what interest rate and for how long.  <--- this is analogous to the Loan Sale Agreement.  Then 4 days later you go pick out a car from a dealer for the "sale" of the car, which, in the JDB comparison, would be the same as the actual transaction that included the debts.  Ok, I was hoping they made a mistake and had wanted to include it in my RFAs or Roggs, but it looks like it's possible that it's irrelevant.  

 

I'm not saying that's exactly what happened, but it seems that way to me, and there isn't anything that I know of that mandates the debts have to be sold on the same day as the Loan Sale Agreement is signed by the parties.  If I'm not mistaken, JDBs and OCs often have standing agreements where they enter a Loan Sale Agreement for a year, say, and then several transactions are conducted under the terms of that one agreement over the course of the year.  Yeah, I was just wondering why the Affidavit said the accounts were sold on one date, and the Bill of Sale said another.  i would assume they both refer to the same document - the "Agreement".  I thought if the Affiant mistakenly referenced an incorrect Agreement date, that it could discredit her trustworthiness .... I was just looking for anything they might have slipped up on.

 

For RFPs, there's not much you really need to ask the JDB to produce.  With the exception of the Loan Sale Agreement, they will want to get all of their evidence disclosed so they can use it at trial.

 

I had a couple more thoughts for things to ask for in your roggs.

- Ask them if they records they claim originated with BofA were transmitted to any third parties before being received by the JDB. Could you explain why I would ask for this? I just want to know what I' putting in my Roggs and why I'm asking certain questions. 

 

- Ask them to describe with specificity and detail the process by which they came into possession of the records they claim originated with BofA.  

 

If you have some RFAs to burn, maybe explore their knowledge of BofA's record keeping processes.  You want to know if they have any personal knowledge of BofA's computer system, if it has ever been compromised by hacker or virus, etc, how data is entered and retrieved and what measures are in place to verify correct data entry.

 

You want to know if there are any weak links in that chain where the reliability of the records may have been compromised.  Unless you have a judge interested in accurate evidence, these things probably won't help you much, but it may turn up something, and if you are lucky enough to get to trial and request a jury, you might find a jury interested in the possibility of inaccurate data.  Ok.  Lucky enough to get to trial and have a jury!  Lucky is a letter in the mail dismissing this annoyance in my life! :)

 

Can I give the JDB attorney my Roggs and RFAs at the pre-trial conference?  Does it matter the manner in which they are delivered?

 

Is there anything I should know about prior to the pretrial conference?  Last time, we ended it before it started because my husband was not present (didn't know he had to be) - oops.  We set a new date and shortly after I received a letter dismissing without prejudice.  Initially, the JDB attorney asked me if I wanted to settle and when I told him no, he seemed to lose interest - not sure why he just dropped it.  

 

Thanks for the suggestions.  I'll be working on my doc's this weekend.

 

 

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@Harry Seaward

 

My pretrial conference is in a couple of days; is there anything I should know about it?  My last one ended early, so we didn't get to continue through the whole process.  We did sit down in an office (just the JDBA and me), but it ended before it started.  

 

I intend to give the Plaintiff my RFAs and Roggs while I am there.  Is there any reason you would advise against this?  

 

Thank you!!

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@Harry Seaward

 

I wanted to give the Plaintiff my RFAs and Roggs tomorrow at the pretrial conference.

 

I have worked on these a little, but most of these are from my last lawsuit.  Harry, i made a few changes you suggested, but these probably are not (overall) as strong as they could be (meaning:  I didn't put as much time as I would have liked into preparing them), but I greatly appreciate your assistance.  

 

I honestly just don't have hours and hours a day to dedicate to this, so I just need to know if they are ok, or if any should simply be removed because they are not helpful to me.  Either the JDB is going to want to continue because they believe a) they can win and B) making a thousand bucks is worth their time and effort.  If that is the case, I'll know if they decide to set a trial date.  I think it also gives me a good idea of the stance of the judge - I don't think the JDBA would even bother continuing if they know the judge might err on the side of Defendant simply because we're fighting back.  

 

If you, or anyone else, is around and have time, could you just quickly review these and let me know of they're alright?  I'll post up the RFA's later this morning.  

 

Interrogatory No. 1:

 

Identify all persons involved in the preparation of the answers to the interrogatories.  For each such person, provide their address and telephone number.  For each such person, also identify which interrogatory that person responded to.  Please also include their title with the Plaintiff and length of time of employment, if applicable to that person.

 

 

Interrogatory No. 2:

 

Identify each person who has knowledge or claims to have knowledge of information or events related to this lawsuit.  For each such person, give their name, address, telephone number, and a summary of that person’s knowledge or involvement in this matter.

 

 

Interrogatory No. 3:

 

Identify all documents or other tangible evidence that support your contention that the Defendant, for valuable consideration received, entered into a contract promising to pay the Plaintiff or the Plaintiff’s assignor.

 

 

Interrogatory No. 4:

 

Identify all documents showing the calculation or assessment of interest, finance charges, fees and charges on the alleged debt sued upon in this action, and all documents relating to the payment history of the alleged account that contribute to the balance.

 

 

Interrogatory No. 5:

 

Identify any document demonstrating that Plaintiff has the authority and standing, and is legally entitled to collect on the alleged debt from Defendant.

 

 

Interrogatory No. 6:

 

Identify all documents and tangible things Plaintiff received from Issuer in connection with the alleged Account that is the subject of this lawsuit.

 

 

Interrogatory No. 7

 

Please identify at which address the card for the alleged Account was mailed to.

 

 

Interrogatory No. 8

 

Please identify the date on which the alleged Account became active.

 

 

Interrogatory No. 9

 

Identify each address Defendant received statements on the alleged Account. 

 

 

Interrogatory No. 10:

 

Identify all documents Plaintiff is in possession of bearing Defendant's signature.

 

 

Interrogatory No. 11:

 

Identify any cancelled checks or copies of cancelled checks, or other verified payments on the alleged Account Plaintiff intends to introduce as evidence at trial.

 

Interrogatory No. 12:

 

Who signed the Affidavit of Debt? What is the Affiant’s name, job title, and work experience history?

 

 

Interrogatory No. 13:

 

State the number (or, if unknown, a reasonable estimate of the number) of affidavits, declarations and certifications made by the Affiant on the same date as the Affiant’s Sworn Statement.

 

 

Interrogatory No. 14:

 

Please describe the Affiant’s process or correction of errors while reviewing documents related to consumer debt.

 

 

Interrogatory No. 15:

 

How does the Affiant know that the documents provided to him/her for verification of a debt are accurate and authentic? How much time did the Affiant spend verifying the alleged debt before signing an Affidavit of Debt?

 

 

Interrogatory No. 16:

 

List all procedures that the Affiant used to verify the accuracy of the alleged debt owed to Issuer.  What documents were given to the Affiant for verification of this alleged debt? Were these same documents sent to the Defendant with the Complaint?

 

 

Interrogatory No. 17:

 

Does the Affiant have authorized access to original signed documents from the Issuer?  If so, list the individuals who gave the Affiant such authorization.

 

 

Interrogatory No. 18:

 

Does the Affiant use a computer to fill out Affidavits of Debt? How did the Affiant obtain the name and amount of debt allegedly owed by the Defendant?  Describe this process in detail.

 

 

Interrogatory No. 19:

 

Does the Affiant have personal knowledge of the alleged debt, as it was constituted?

 

 

Interrogatory No. 20:

 

How do Affidavits of Debt get notarized by the Affiant?  Does the Affiant personally take the Affidavits of Debt to the Notary to be notarized?  Does the Affiant watch the Notary authenticate each affidavit?

 

 

Interrogatory No. 21:

 

Identify each individual you expect to call at trial as an expert witness and include the subject matter on which each person is expected to testify, the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion.

 

 

Interrogatory No. 22:

Identify with specificity each piece of admissible evidence Plaintiff intends to introduce at trial.

 

 

Interrogatory No. 23:

 

Identify all records Plaintiff originated regarding the creation of the alleged debt.

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RFA No. 1:

 

Plaintiff has no personal knowledge as to the mailing by the Issuer to Defendant of any written agreement governing the alleged Account.

 

___ADMIT ___DENY

 

 

RFA No. 2:

 

Plaintiff has no personal knowledge as to the mailing by the Issuer to Defendant of any billing statement for the alleged Account.

 

___ADMIT ___DENY

 

RFA No. 3:

 

Plaintiff has no personal knowledge as to why the Issuer entered any transaction, debit, credit or charge on any billing statement for the alleged Account. 

 

___ADMIT ___DENY

 

 

RFA No. 4:

 

Plaintiff’s right to acquire documents from the Issuer for the alleged Account is governed by the written agreement under which Plaintiff acquired the alleged Account.

 

___ADMIT ___DENY

 

 

RFA No. 5:

 

Plaintiff purchased the alleged Account from the Issuer without recourse and without representation or warranty of any type, kind, character or nature, express or implied.

 

___ADMIT ___DENY

 

 

RFA No. 6:

 

Plaintiff cannot state which date the contract sued upon was entered into.
 

___ADMIT ___DENY

 

 

RFA No. 7:

 

Plaintiff has never exchanged goods, services, and/or money with the Defendant.

 

___ADMIT ___DENY

 

 

RFA No. 8:

 

Admit that there is no written agreement between you and Defendant.
 

___ADMIT ___DENY

 

 

 

RFA No. 9:

 

Admit that as of the date you drafted your Complaint you were not in possession of the Bill of Sale. Should I reference the Loan Sale Agreement and be more specific about it?  "Admit ..... you were not in possession of the Loan Sale Agreement, in its entiretly, as referenced on the Bill of Sale and Assignment of Loans "Exhibit C"?

.
___ADMIT ___DENY

 

 

 

RFA No. 10:

 

Plaintiff did not originate any records regarding the creation of the alleged debt.

 

___ADMIT ___DENY

 

 

 

 

RFA No. 11:

 

Plaintiff has no personal knowledge of the creation of the alleged debt.

 

___ADMIT ___DENY

 

 

 

 

RFA No. 12:

 

Plaintiff does not have access to all of the records created and maintained by F.I.A. Card Services, N.A. that pertain to the alleged Account that is the subject of this lawsuit.

 

___ADMIT ___DENY

 

 

 

 

RFA No. 13:

 

When it acquired the alleged debt of Defendant, all Plaintiff obtained was a computer printout of alleged debtors, addresses and identifying information, and the supposed balances owed.
 

___ADMIT ___DENY

 

 

 

 

RFA No. 14:

 

Admit that the Bill of Sale from the Issuer to the Plaintiff does not reference the name(s) of the Defendant.
 

___ADMIT ___DENY

 

 

 

RFA No. 15:

 

Admit that the Bill of Sale from the Issuer to the Plaintiff does not reference the account number of the alleged debt that is the subject of this lawsuit.

 

___ADMIT ___DENY

 

 

 

 

RFA No. 16:  (NOT NECESSARILY AN ISSUE??)

 

Admit that the Bill of Sale and Assignment of Loans “Exhibit C” claims a different date for the Loan Sale Agreement than the Affidavit of Sale and Certification of Debt.

 

___ADMIT ___DENY

 

 

 

RFA No. 17:

 

Admit that you are unable to provide a complete accounting for the amount you are claiming from a zero balance to the alleged amount charged off.
 

___ADMIT ___DENY

 

 

RFA No. 18:  (Does this even matter?)

 

Plaintiff does not have in its custody, legible copies of any documents bearing Defendant's signature. 

 

___ADMIT ___DENY

 

 

 

 

RFA No. 19:

 

Plaintiff’s Affiant is only advised of the alleged balance allegedly owed to the Plaintiff by the Defendant, and has no direct, personal, firsthand knowledge of the alleged account and alleged debt as it was incurred.

 

___ADMIT ___DENY

 

 

 

 

RFA No. 20:

 

Plaintiff’s Affiant does not have in his/her immediate possession, or custody and control, all records pertaining to the alleged account and alleged debt of the Defendant, which is the subject matter of this lawsuit.

 

___ADMIT ___DENY

 

 

 

 

RFA No. 21:

 

All records allegedly held by Plaintiff, which allegedly prove Defendant is indebted to the Plaintiff, are not Plaintiff’s own business records which were originated by and kept in the regular course of business by Plaintiff.

 

___ADMIT ___DENY

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