yukonman112

Help Responding to Request for Admissions and Interrogatories

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I live in Washington State - Original credit card company was Sears opened in 1983, sold to Citibank sometime around 2003.  Account now at Cach, LLC, being sued through Mandarich Law Group out of California.

 

I received original summons with NO case number - responded and objected to claims twice.

 

Now I have received REQUEST FOR ADMISSIONS and FIRST SET OF INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE).

 

I want to object to everything - but I also believe there is case law out there regarding chain of ownership on documentation.  The whole suit talks about "Original debt and creditor" being Citibank, with nothing being about Sears.

 

Here is what the RFA states:

 

1.  Please admit you submitted an application to the original creditor for an extension of credit (for purposes of these Requests for Admissions, "original creditor" means Citibank South Dakota, N.A.)

 

2.  Please admit the original creditor issued you the account.

 

3.  Please admit that you and the original creditor entered into an agreement regarding the account.

 

4.  Please admit you used the account to accrue a balance of $XX___

 

5.Please admit you agreed to pay the original creditor and it's successors and assigns the outstanding balance of $XX___ on the account.

 

6.  Please admit you never disputed, with any person or entity, including the original creditor, the outstanding balance of $XX___ on the account.

 

7.  Please admit you have not paid the outstanding balance on the account in the sum of not less than $XX___.

 

8.  Please admit you owe the Plaintiff the amounts prayed for in the Complaint.

 

9.  Please admit you have no facts which would contradict the amounts owed to Plaintiff.

 

10.  Please admit YOU have no facts to support your affirmative defenses against the Plaintiff's Complaint.

 

11.  Please admit YOU have no documents to support your affirmative defenses against the Plaintiff's Complaint.

 

 

ANY HELP??  THANKS!

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I live in Washington State - Original credit card company was Sears opened in 1983, sold to Citibank sometime around 2003.  Account now at Cach, LLC, being sued through Mandarich Law Group out of California.

 

I received original summons with NO case number - responded and objected to claims twice.

 

Now I have received REQUEST FOR ADMISSIONS and FIRST SET OF INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE).

 

I want to object to everything - but I also believe there is case law out there regarding chain of ownership on documentation.  The whole suit talks about "Original debt and creditor" being Citibank, with nothing being about Sears.

 

Here is what the RFA states:

 

1.  Please admit you submitted an application to the original creditor for an extension of credit (for purposes of these Requests for Admissions, "original creditor" means Citibank South Dakota, N.A.)

 

2.  Please admit the original creditor issued you the account.

 

3.  Please admit that you and the original creditor entered into an agreement regarding the account.

 

4.  Please admit you used the account to accrue a balance of $XX___

 

5.Please admit you agreed to pay the original creditor and it's successors and assigns the outstanding balance of $XX___ on the account.

 

6.  Please admit you never disputed, with any person or entity, including the original creditor, the outstanding balance of $XX___ on the account.

 

7.  Please admit you have not paid the outstanding balance on the account in the sum of not less than $XX___.

 

8.  Please admit you owe the Plaintiff the amounts prayed for in the Complaint.

 

9.  Please admit you have no facts which would contradict the amounts owed to Plaintiff.

 

10.  Please admit YOU have no facts to support your affirmative defenses against the Plaintiff's Complaint.

 

11.  Please admit YOU have no documents to support your affirmative defenses against the Plaintiff's Complaint.

 

 

ANY HELP??  THANKS!

This is a pocket docket case hence the no court case number. You have to answer this lawsuit with the appropriate pleading, check to see if it is filed with the court and of course answer the admissions with a correctly formatted response. The denied response works for me.

Check with other Washington state posters for answer format, and admission responses.

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Thanks texasrocker.  Should I do anything about the fact that they have provided NO documentation regarding the debt?

I am not sure if they have to disclose that prior to your answer however, a Bill of Particulars is valid in Wash.

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That is ok make sure to check the status on the courts website or call the clerk's office. When did they serve you?

http://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/392FE803-F806-D068-20CF-A381010D18B8/0205en.pdf

https://www.courts.wa.gov/court_rules/?fa=court_rules.rulesPDF&ruleId=supcr08&pdf=1

http://www.courts.wa.gov/forms/?fa=forms.static&staticID=14

I would also file a fee waiver if you are not eligible they will tell you.

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