Sued by Midland in OK by Love, Beal & Nixon

[saytar]

Found this online. But if you have had your account for several years search for an older agreement dated around the time you opened the account as you can argue that agreement, especially if they don't have one...(and they most likely don't)

Citibank does the cards for several entities, so look for the credit agreement under your store card or gasoline card agreement, etc.....that's the one that would apply more specifically.

 

Citibank Agreement Generic

 

List of Cards Citi Does

 

Government Archive of Agreements

 

But remember, IF you want or decide on arb if you find a right to do so under the agreement............you MUST do it before their is much litigation in the Courts....Earlier is better.

 

Just get your Discovery ready and look around.......you have 30 days

 

This "experience" is one long dance around the MayPole....just watch out for the holes they will dig to trip you as you dance.

 

Court Due Date Calculator

 

For searching Okla Statutes and Cases

 

If mailed you don't count the day it is sent or the day you file it............but be sure to check with your court clerk's office, OK county has a few more "local court" rules than us in rural counties.

[pureguava]

Ok if they mailed it.......................they have to prove it....Rules for the District Courts of Oklahoma Chapter 13 requirements for Summary Judgments.

 

As to times to bring actions:

Oklahoma Statutes Citationized

  Title 12. Civil Procedure

    Chapter 3 - Limitations of Actions

         Section 95 - Limitation of Other Actions

Cite as: O.S. §, __ __

 

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:

1. Within five (5) years: An action upon any contract, agreement, or promise in writing;

2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

3. Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud;

4. Within one (1) year: An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for penalty or forfeiture, except where the statute imposing it prescribes a different limitation;

 

Copies of Credit Card agreements, most Credit Card Companies have them located on their websites.....well hidden on their web sites. If not call them....ask customer service to either email you one or tell you where on their site it is located........Google for your card holder there are sites that have most of them, use the one closest to when you opened account...they most likely don't have a copy so let them PROVE its not the one.....send you their copy. (they don't have)

 

They have to sue in the Name of the Purchaser IE CACH, LLC purchases a Citibank debt.....the caption will indicate CACH,LLC as Plaintiff and You as defendant.

 

Don't worry too much about Validation......all the have to do is tell you the original creditor and send a copy of a statement.....they satisfied 15 U.S. Code § 1692g

 

If they did neither, then get with a NACA attorney..He can tell you if he can sue or not...............if he thinks he can win they will pay you $1,000, pay his attorney's fees and drop their suit on you in a hot minute............but don't count on it as a violation...............

You have 2 yrs to file on it later if it comes out in litigation they didn't.........

I posted my Requests above. The reason I was mentioning the 1692g is because they are supposed to obtain a copy of verification of the debt and mail it to me, before they can try and collect again. They never sent it and sent me something on Feb 9th (It talks of using tax returns, so I'm guessing it just got pumped out en masse.)

 

Should I leave it in the Requests (above)?

 

How should I bring up (where, etc), the 3 yr thing, without having to go to court to talk about it?

 

Nothing about arbitration in the CC agreement.

[saytar]

I posted my Requests above. The reason I was mentioning the 1692g is because they are supposed to obtain a copy of verification of the debt and mail it to me, before they can try and collect again. They never sent it and sent me something on Feb 9th (It talks of using tax returns, so I'm guessing it just got pumped out en masse.)

 

That's one affirmative defense no validation

 

Should I leave it in the Requests (above)?

 

I would they will try to poo paw it anyway

 

How should I bring up (where, etc), the 3 yr thing, without having to go to court to talk about it?

 

Yes in your answer, is another affirmative defense.

 

 

Nothing about arbitration in the CC agreement.

 

Not that one....look at the other links I gave you above.

 

 

Sueing on a time barred debt IS a FDCPA violation....................If it was me, I would get an NACA attorney and sue for violation, suing on time barred debt................They will drop it like a hot potato, but if they've already filed and sued......................they owe, regardless.

 

But being a pro se, they may push it a lot harder hoping you will trip in a Gopher Hole.

 

Like tax returns............they want you to make their case for them............a case their time barred on. These slime have no integrity......if their pens or mouths are moving they are lying and misrepresenting.

 

Just don't give them any money..........you apparently did it once, and they are hoping to sucker you again......nothing they'll restart the SOL and can sue you.

[BV80]

@pureguava

 

I would like to note that Number 1 of their PETITION FOR INDEBTEDNESS says, "If you notify this law firm, Love, Beal & Nixon, P.C., in writing, within the 30 day period, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will obtain verification of the debt and mail a copy of the verification to you."

 

I have received no verification of the debt, to date.

 

 

Did you send your validation/verification request after receiving that summons and complaint?

[pureguava]

Sueing on a time barred debt IS a FDCPA violation....................If it was me, I would get an NACA attorney and sue for violation, suing on time barred debt................They will drop it like a hot potato, but if they've already filed and sued......................they owe, regardless.

 

But being a pro se, they may push it a lot harder hoping you will trip in a Gopher Hole.

 

Like tax returns............they want you to make their case for them............a case their time barred on. These slime have no integrity......if their pens or mouths are moving they are lying and misrepresenting.

 

Just don't give them any money..........you apparently did it once, and they are hoping to sucker you again......nothing they'll restart the SOL and can sue you.

I contacted both of the attorney's you mentioned previously.

 

Rawls said they would charge $100 for a consultation.

Sisson actually talked to me for a bit. He said it would be too costly he thought, on my end, to use his services. He did give a lot of help, as far as things to ask in my own Requests.

 

Since I already responded with my Answers 

 

 

AFFIRMATIVE DEFENSES

 

3. Some or all of the claims asserted by the Plaintiff are barred by the statute of limitations, laches, estoppel, unjust enrichment, unconscionable and/or unclean hands.

4. Defendant disputes the alleged debt and its amount are owed to the Plaintiff and requests debt validation.

5. Defendant has failed to provide an accurate accounting of the alleged debt.

6. Defendant does not owe the alleged debt to Plaintiff.

7. The plaintiff does not have standing to collect upon the alleged debt.

8. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date

 

and did not mention the 3yr thing and the violation, can I put that in the Requests to them, add it (per #8 of my previous Defenses), or just send what I have here and address it later?

[pureguava]

@pureguava

 

 

Did you send your validation/verification request after receiving that summons and complaint?

I did not send a request, because they said they will provide one if I disputed it. Which I did.

 

Also, 15 U.S. Code § 1692g(b ) says they have to (especially before trying to collect, again. Which they did.)

 

I am requesting it in my REQUEST, ETC I am sending them.

[saytar]

I did not send a request, because they said they will provide one if I disputed it. Which I did.

 

Also, 15 U.S. Code § 1692g(b ) says they have to (especially before trying to collect, again. Which they did.)

 

I am requesting it in my REQUEST, ETC I am sending them.

 

Dispute in writing, send CMRRR. If you don't it didn't happen.

 

Do nothing with these bottom feeders unless its in writing......

 

Yea David's a nice guy, at least he did what he could..................But when the rubber hits the road, its really up to us to fight the collector's.......if we had the money to spend on an attorney, it would be cheaper in most cases to pay them (IF you can negogiate it waaayyyy down)...................whether you owe them or not.

 

But my theory is that if the O.C. didn't think it was economical to sue, then I don't owe the JDB........the O.C. maybe.....but not the JDB.

 

That's just taking advantage of someone who's down and out just because you can.

 

You have the SOL on your side. Just keep responding in a proper judicial manner and don't let them catch you in a technical foul before a hearing. If you prove that's it's out of SOL (more important is they can't prove its not) the judge will toss it at the hearing (if they don't dismiss just prior to court)....what LB&N will try real hard to do is get you to agree to a stipulation (agreed judgment) or payment (to reset SOL)....if he doesn' t toss it.....appeal and you get a de novo review. They'll reverse and remand it back at the judge to do it right.

 

All the JDB seem to be pushing extra hard lately...................times must be getting tough to be a bottom feeder. Their easy prey must dwindling.

[BV80]

@pureguava

 

@saytar

 

There is no FDCPA violation.  A summons and complaint does not trigger the validation requirements of 1692g because it's not considered an initial communication.

 

1692g(d):

 

(d) Legal pleadings
A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).

[pureguava]

@BV80

Since section (b ) deals with Disputed Debt, does my dispute not merely apply whole cloth?

If they said they would, if I disputed the debt, and they almost quote section (b ), this seems to lend credit to something.

Otherwise, there is no penalty or reason for a law to written about them ceasing to collect the debt.

The petition for indebtedness essentially gets around that part of the FDCPA?

[BV80]

@pureguava

 

I can't explain why they include that notice on a summons and/or complaint.  Perhaps they do it as some kind of insurance that they're not violating the law, but the FDCPA is clear that a summons and complaint is not an initial communication that triggers your validation rights.  That was done by an amendment to the FDCPA in 2006.

 

The following was a notation by the U.S. Supreme Court in Jerman v. Carlisle (2010).

 

The FDCPA has been amended some eight times since its enactment in 1977; the most recent amendment addressed a concern not unrelated to the question we consider today, specifying that a pleading in a civil action is not an "initial communication" triggering obligations under § 1692g requiring a written notice to the consumer. Financial Services Regulatory Relief Act of 2006, § 802(a), 120 Stat. 2006 (codified at 15 U.S.C. § 1692g(d)).

[Coffee_before_tea]

@pureguava

 

If you are going to argue the 3 year statute of limitations, then if it were me, I would file a motion to dismiss before you send your discovery.  Maybe @saytar can provide some case law in OK regarding CC being applicable to the 3 yr SOL, then craft your argument along with applicable case law file the MTD asap.  Read your rules, as many times you have to "request" the court to make a decision on your motion, which also has to be filed.  Anyone familiar with OK rules want to chime in here?

 

At the same time, I would write up a Motion to Compel arbitration in case your motion to dismiss is denied.  If it is, then I'd file the MTC arbitration before discovery is underway.  Often commencing discovery will waive your right to arbitration. 

 

You can also combine the motions to something like this:  "Motion to Dismiss with prejudice (based on SOL), or in the alternative, a Motion to dismiss proceedings and compel contractual arbitration. "

 

This can be an effective 1-2 punch, if your SOL argument is good, then it gets dismissed.  On the other hand, if the SOL argument is denied, then they can dismiss and compel arbitration.

 

Did they provide a CC agreement?

[pureguava]

@BV80

Since this was not the initial form of communication, as they have sent letters before, does my disputing the debt not trigger it then?

If their pleading does not trigger it, then something has to, otherwise it is a circular law that is a non sequitur.

(I appreciate you back-and-forthing with me.)

[BV80]

@pureguava

 

 The law firm has sent previous letters?  If so, they're first letter should have contained that same 30-day notice.  A validation request would have been sent within the 30-day period provided for in a collection letter.

[pureguava]

@Coffee_before_tea

They have sent no CC agreement, but I never asked as I thought in my dispute they would.

I had a generic card.

https://www.citicards.com/cards/acq/cmaView.do?PID=374&cma=true&locale=en_US

That is arbitration. Starting on page 9.

[pureguava]

@BV80

They have sent standard collection letters. You owe X on X account. Please pay or call to make arrangements. Etc.

I'm not sure what (a/this) "validation of debt" is or would look like.

[BV80]

@pureguava

 

The first collection letter (initial communication) should have contained the 30-day notice.  Within 30 days, you could have sent a letter disputing the debt and requesting validation (proof of the amount claimed).   After receiving your request, they could not attempt to collect again until they validated.

 

But a summons and complaint does not qualify as an "initial communication".  Even though it contained the 30-day notice, the debt collector had no obligation to cease the lawsuit just because you disputed the debt.

[pureguava]

@BV80

Well crud.

I guess I should simultaneously respond to their requests and request validation.

See if there is anything about the SOL for 3 years, then (if found) file for motion to dismiss and arbitration.

If not, do I send my own requests, then arbitration motion or vice-versa?

If I do, do I send my requests before, with or after the dismissal/atarbitration motion?

[Coffee_before_tea]

@pureguava

 

Many times a motion to dismiss will toll the time period for discovery.  You'll have to check your rules of civil procedure.  If this is the case, then it is possible to file a MTD/Arbitration before you answer their discovery.  You can also request a stay at the beginning of your motion to dismiss/arb, which will stop the clock.  Triple check your rules though, you don't want to miss any deadlines, so make sure the time period is tolled, or ask for a stay pending your motions.

[saytar]

This right off the oscn court website, unless they can produce a signed and written contract or they are sueing for a collateralized loan (which will have requite contract). It's stated on Kathi's webpage as 3 yrs and have seen it on others.......................

 

Oklahoma Statutes Citationized
  Title 12. Civil Procedure
    Chapter 3 - Limitations of Actions
         Section 95 - Limitation of Other Actions
Cite as: O.S. §, __ __

 

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:

1. Within five (5) years: An action upon any contract, agreement, or promise in writing;

2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

 

 

A summons (complaint) is not an initial communication.......no initial communications no debt validation.......

 

 

@BV80.... Question is has OP ever received any communications from LB&N, either written or telephonic???? If not then if it was me I'd send the DV letter CMRRR, based on the language in their petition, I believe their trying to in effect get him to waive that right....I sure that I've read several posts (here and otherwise) that it's been ruled that not doing a DV within 30 days does not deprive the OP the rights of Debt Verification.

 

Just a simple...

 

I dispute this debt in its entirely.

 

Debt is time barred

 

Name and sign...................nothing exotic.

 

NOW, there's no requirement that they acknowledge that if it is out of 30 days, but proof they got it and are filing on a time barred debt and they can't claim they don't know, could be persuasive at a hearing. What's it cost? $4.65

 

If I had mine to redo mine...I'd 1. Make sure I filed a general denial answer on complaint, answer all their Discovery (mine didn't send any then), put it aside for now 2. Get mine ready to send to them put that... aside for now 3. Create my motion to compel contradictional arbitration and a Motion to Dismiss...(attach a copy of card contract to arb motion, LB&N hates arb vehemently) 4. File it with the court those with the court. 5. Sit tight, research and learn.... all about judgments, motions, Civil procedure, look up case law, etc...but keep my eye on the time clock for responses

 

Generally discovery in Oklahoma can be done at any time (limit on interrogs, unless have permission of court) right up and until 5-10 days prior to trial....as a practical matter I wouldn't want to do that. If they file a motion, in most case's a response MUST be filed...tit for tat. Now motion to amend your answer or such no response needed.

Then at day zero +1 I'd file my response to discovery.........then give them no more that 14 days and file mine to them.Correction, don't send them yet....only if it goes on to MSJ or trial......they won't give you anything of substance and until you know for sure on arb or dismissal..don't push it.

Reasoning for this: If you do an arb motion the judge or court must have a hearing. I suspect that prior to that hearing LB&N will file their MSJ (surprise me if they didn't). Since they be will throwing alot at you in a short time they are attempting to ..."rush you" This also gives the court time ...hopefully to have a the hearing on your motions ...

 

 

As such Coffee_before_tea's suggest is good

 

But Coffee the arb motion WILL require a hearing, IF it is granted you have your stay, it's not automatic with the motion filing....IF not clock still ticking. A motion to dismiss will ALSO require a hearing be held. Nothing in statute prevents a judge if they are so inclined from hearing both at a hearing...........So file your Motion to Compel Contractional Arb with stay request AND your Motion to Dismiss in lieu of arb if for some reason he denies it,  (or make it a Motion for Summary Judgment or Disposition in YOUR favor, using your SOL argument, etc, Just remember if you do so research how to format a Summary Judgment!!, You'll be expected to format correctly AND the burden is on you to prove it, but with proof of SOL you should be entitled! They will most likely go ballistic and argue against either) together. You can combine simple Motions in one filing in Oklahoma.

 

If the amount they are suing for is under  or right around $1000, with their filing fees already and their fees+your fees as you might qualify for a waiver of yours, they will put out that or more....then the 400-500 dollar an hour arbitrator fees start adding up................on their dime as they are the party making the claim...

 

Do those motions first....

 

This way if you have to answer their discovery, that you prepared ahead of time... (time limits remember, don't forget mark a calender!) before a hearing, you have a good argument for doing so and that you are not trying to institute further litigation of the matter at bar, but merely answering discovery as required by Oklahoma Discovery code.......Hold your questions to them as long as possible, they'll just send back objections and Bravo Serria, nothing really useful....you  can file them if all your arb or dismiss motions are denied, that gives you another 20 days to come up to speed..they can't (not supposed to grant one) get a MSJ (BUT you only have 20 days to Response to MSJ) if Discovery is pending it gives you an excuse to push out Court date, but not response  only the judge on your motion can move that response time..

 

Don't forget while letting things perculate, look to ways to knock their "proof" out......Bill of Sale, Affidavits, credit monthly statements, etc.........never hurts to be prepared.

 

Why file your discovery if you don't have to........that's playing their game.....You want to change the game.

 

If the Judge approves the arb or dismiss motions.......................just keep them as scratch paper. Don't worry about the FDCPA claims...

 

IF you get this dismissed and are looking for some litigation practice in Federal Court......you have time to bring those claims...BV80 would know how long, much better than I do............

 

Remember though since your main argument is SOL any dismissal if you can get it, should be WITH PREJUDICE. If it is not some other bottom feeder could come calling, later.

[BV80]

@saytar
 

@BV80.... Question is has OP ever received any communications from LB&N, either written or telephonic???? If not then if it was me I'd send the DV letter CMRRR, based on the language in their petition, I believe their trying to in effect get him to waive that right....I sure that I've read several posts (here and otherwise) that it's been ruled that not doing a DV within 30 days does not deprive the OP the rights of Debt Verification.

 

They're not getting him to waive any right because a summons and complaint is not an initial communication that triggers the right to request validation.   The FDCPA plainly says that.  I've already included case law that shows that the Supreme Court recognizes that the FDCPA was amended to exclude legal pleadings from the definition of "initial communication". There's no right for him to waive.  Here's something from the 11th Circuit:

 

 

Caceres v. McCalla Raymer, LLC - Court of Appeals, 11th Circuit 2014

In turn, the exception to the definition of "initial communication" clearly exempts "[a] communication in the form of a formal pleading.

One can request validation at any time, but the FDCPA is specific on when a debt collector is required to respond to such a request.  A CA only has to respond if the request is sent within 30 days of the initial communication and if the CA wants to continue to collect.

[BV80]

@pureguava

 

I guess I should simultaneously respond to their requests and request validation.

 

 

You wouldn't be requesting validation at this point.  Based upon what you decide to do (MTD, arbitration) and the court's decision, you might eventually send discovery requests.

[pureguava]

@pureguava

 

 

You wouldn't be requesting validation at this point.  Based upon what you decide to do (MTD, arbitration), you would eventually send discovery requests.

 

I found lots of information, but none that mentions filing an MTD means I do not have to respond to their Requests for Admissions, etc.

 

I have sent to them, and the court, my response to their Petition with Affirmative Defenses (mentioning time barred, etc.)

 

What order should I do these, by Feb 26th?

 

- Respond to Requests for Admissions, etc.

- MTD/Arb

[BV80]

@pureguava

 

I know very little about the arbitration process.  I do know that you need a copy of the credit card agreement to see which arbitration forums are mentioned because you'd want to elect arbitration in JAMS as it seems to be the most consumer friendly.   If JAMS is not in the agreement, arbitration may not be best idea.

 

You've already answered the complaint?

[pureguava]

@pureguava

 

I know very little about the arbitration process.  I do know that you need a copy of the credit card agreement to see which arbitration forums are mentioned because you'd want to elect arbitration in JAMS as it seems to be the most consumer friendly.   If JAMS is not in the agreement, arbitration may not be best idea.

 

You've already answered the complaint?

 

They sent the Petition for Indebtedness and I responded, within the 30 days, with 

 

 

DEFENDANT'S ANSWER

 

1. Plaintiffs paragraph one does not allege any claims and therefore no response is required but purl ant to its statements regarding its obligations under the Fair Debt Collection Practices Act, Defendant disputes the validity of the debt and demands strict proof thereof.

2. Plaintiffs paragraph two and three. Defendant denies allegation that I refused to pay the amount owned on the account or that I owe any amount of money to the Plaintiff and demands strict proof thereof.

 

WHEREFORE, premises stated, Defendant prays the Plaintiff take nothing by way of its petition or its prayer for relief

 

AFFIRMATIVE DEFENSES

 

3. Some or all of the claims asserted by the Plaintiff are barred by the statute of limitations, laches, estoppel, unjust enrichment, unconscionable and/or unclean hands.

4. Defendant disputes the alleged debt and its amount are owed to the Plaintiff and requests debt validation.

5. Defendant has failed to provide an accurate accounting of the alleged debt.

6. Defendant does not owe the alleged debt to Plaintiff.

7. The plaintiff does not have standing to collect upon the alleged debt.

8. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date

 

They then sent a Plaintiff's Request for Admissions, Interrogatories and Request for Production of Documents

 

 

 

REQUEST FOR ADMISSION NO. 1:  Admit that the Defendant is properly identified in the style of this case.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 2:  Admit that you owe the obligation which is alleged in Plaintiff's Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

REQUEST FOR ADMISSION NO. 3:  Admit that Plaintiff performed its responsibilities as to the obligation referenced in Plaintiff's petition.

REQUEST FOR ADMISSION NO. 4:   Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

INTERROGATORIES

INTERROGATORY NO. 1:  State your full and complete name, your full and complete residence, address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address:

INTERROGATORY NO. 2:  Did you obtain credit on the account referenced in Plaintiff's petition?

INTERROGATORY NO. 3:  Is the present balance due on the account, which is the subject of this action, the sum of $5,000?  If not, please state the following:

A.  The date of each payment you contend was made.

B.  The amount of each payment you contend was made.

C.  The address you contend you mailed each payment to.

D.  Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

INTERROGATORY NO. 4:  If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5:  In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A.  The date of all letters, phone calls, memos, notes, notices, etc. that the Defendant received.

B.  The nature and subject matter of any and all such communications.

C.  Defendant's response or reply to the communication, if any.

INTERROGATORY NO. 6:  State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

INTERROGATORY NO. 7:  Please state the name, address and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A.  The subject matter of which such person has knowledge.

B.  The substance of the facts and opinions which of such opinion is expected to testify

C.  A summary of the grounds for such opinion.

REQUEST FOR PRODUCTION OF DOCUMENTS

You are requested, pursuant to Oklahoma Discovery Statutes, to respond to the following Requests for Production of Documents within thirty (30) days from receipt by (1) either producing said documents in the office of the Plaintiff's attorney herein at 10:00 am on the 30th day following receipt of this request, or (2) in lieu of such production, attach copies of any such documents to your answers to the foregoing interrogatories.

1.  All cancelled checks, money orders, cashier’s checks, receipts or other records of payment to support your answers to Interrogatories.

2.  All written or tangible evidence of any communication between the plaintiff or its transferor to support your answers to Interrogatories.

3.  Produce the contract which the Defendant contends was executed, if the Defendant contends a different contract was executed than is the subject of the action upon which Plaintiff has brought this suit.

4.  Produce and all documentary or tangible evidence which Defendant either expects to use or may use as evidence in the trial of this case.

5.  Produce all documents Defendant has to support any additional defenses mentioned in your answers to Interrogatories.

 

I have not responded, and need to by Feb 26th, but was going to go with

 

 

RESPONSE TO REQUEST FOR ADMISSIONS AND INTERROGATORIES

 

REQUEST FOR ADMISSION NO. 1:  Admit that the Defendant is properly identified in the style of this case.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

ADMIT.  Defendant is _______ as identified in the complaint.

REQUEST FOR ADMISSION NO. 2:  Admit that you owe the obligation which is alleged in Plaintiff's Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DENIED.  Plaintiff has provided no evidence by which the defense can reasonably be expected to answer truthfully.

REQUEST FOR ADMISSION NO. 3:  Admit that Plaintiff performed its responsibilities as to the obligation referenced in Plaintiff's petition.

DENIED.  Defendant has never entered into any contractual arrangement with the Plaintiff with any responsibility.

REQUEST FOR ADMISSION NO. 4:   Admit that you are in default on the obligation, that same is due, past due, owing and remains unpaid and that you owe Plaintiff the amounts alleged in its Petition.  If you deny this, then an appropriate response to Interrogatory No. 4 below will be required.

DENIED.  Defendant has never entered into any contract with the Plaintiff and no evidence of any contract or breach has been provided by which any other answer can be submitted.

INTERROGATORIES

INTERROGATORY NO. 1:  State your full and complete name, your full and complete residence, address, occupation and job title, and each and every residence address maintained by the Defendant since the date of the contract sued upon in this case, indicating the specific date the Defendant resided at each address:

OBJECTION.  Employment, occupation, and prior residence information are not material to the complaint as filed or destined to reveal such information. Without waiving objection Defendant admits they are _______ residing at (address where you were served)

INTERROGATORY NO. 2:  Did you obtain credit on the account referenced in Plaintiff's petition?

DENIED.  Plaintiff has provided no documentation by which Defendant could reasonably be expected to answer.  Trial preparation and discovery is currently ongoing.

INTERROGATORY NO. 3:  Is the present balance due on the account, which is the subject of this action, the sum of $2,017.67?  If not, please state the following:

A.  The date of each payment you contend was made.  No payments were ever made.

B.  The amount of each payment you contend was made.  $0

C.  The address you contend you mailed each payment to.  No payments were ever mailed.

D.  Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.  Defendant calculated an amount of $0 based on no proof of the existence of an account or contract between the Plaintiff and Defendant has been presented.

INTERROGATORY NO. 4:  If you deny any of the above Requests for Admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

INTERROGATORY NO. 5:  In regard to all communications you have had regarding the account referenced in Plaintiff's petition, state the following:

A.  The date of all letters, phone calls, memos, notes, notices, etc. that the Defendant received.

B.  The nature and subject matter of any and all such communications.

C.  Defendant's response or reply to the communication, if any.

INTERROGATORY NO. 6:  State each and every defense not specifically pled thus far which the Defendant intends to raise at the trial of this case and list all proof, evidence, and what Defendant contentions are in regard to each such defense.

INTERROGATORY NO. 7:  Please state the name, address and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of this litigation and, with respect to each person, please state:

A.  The subject matter of which such person has knowledge.

B.  The substance of the facts and opinions which of such opinion is expected to testify

C.  A summary of the grounds for such opinion.

 

There has been no further communication, either way, besides their Tax Return offer.

 

 

 

I do not know how to get a copy of the old credit card agreement, however I scanned most cards (I only had whatever a basic one would be) and they all say

 

 

How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:

 

American Arbitration Association

800-778-7879 (toll-free)

Website: www.adr.org 

 

JAMS

800-352-5267 (toll-free)

Website: www.jamsadr.com

[BV80]

@pureguava

 

Hopefully, one of the arbitration gurus will respond.   Since you didn't raise it in your answer to the complaint, you may have to amend your answer.  I'm just not sure.