help with PRA summons answer?

[Bond007]

Thank you all for the time you spent on this. Sorry I haven't been available lately. had a family crisis to deal with. Still indisposed but have to take time to get this out.

You guys and gals are great. Don't know what I would have done without you.

[BV80]

@Bond007

 

I believe that Kansas only allows for 10 requests for documents. They have listed 16.

 

 

Do you know the rule that makes that limitation?   If you object to the number of requests, you have to know the rule.

[Bond007]

I guess that rule only applies to interrogatories.

[saytar]

@Bond007

 

 

Do you know the rule that makes that limitation?   If you object to the number of requests, you have to know the rule.

 

Good to know that, but I'd answer them all anyway, I not giving them much anyway................under some rules (OK) if 2 or 3 relate in a certain way, then all 2-3 are considered one request for the purposes of discovery.

And they'll push any limit they can.

OK allows 36 for interogs.................but we can make more than one shot at discovery so most try to hold a few back ,,,,,,,,just in case. They gave me 24.

[Bond007]

They did send a copy of the Credit Agreement. So I will have to be careful of how I word the answer. Also the statements, and there is a pile of them, do show purchases and payments. There again they came from PRA and not the OC.

 

I will work on these the next few days, post them and you guys can rip them apart. LOL

 

Again, Thank you all for the effort you have put into helping. If they are going to get a judgment, I want them to have to work for it and have to spend  money on a local rent a lawyer to get it. I doubt that they will fly their COR out here to testify, but I hope they do. I'm going to keep them spending money as long as I can. If I have to appeal, I will. Like I said, I have nothing but time. And the court house is only 1/2 mile from my home. I can walk or ride a bike there if I have to.

[saytar]

They did send a copy of the Credit Agreement. So I will have to be careful of how I word the answer. Also the statements, and there is a pile of them, do show purchases and payments. There again they came from PRA and not the OC.

 

I will work on these the next few days, post them and you guys can rip them apart. LOL

 

Again, Thank you all for the effort you have put into helping. If they are going to get a judgment, I want them to have to work for it and have to spend  money on a local rent a lawyer to get it. I doubt that they will fly their COR out here to testify, but I hope they do. I'm going to keep them spending money as long as I can. If I have to appeal, I will. Like I said, I have nothing but time. And the court house is only 1/2 mile from my home. I can walk or ride a bike there if I have to.

 

Rip is what we does best.........keep ya on the straight and narrow LOL.

 

So they have statements. Any certified? Sworn affidavit they sent them or proof you received them...............from the O.C. NOT their clerk? They only send statements to try and help their other weak documentation......preponderance ...................more likely yes than no. Thats why it must be attacked also........keep cutting the legs on that 3 legged stool. Never let it get level.

 

Notice both of the following are asking the same thing. If this happens, keep your answers the same. Two different answers and they will try to impeach your assertions. Actually yours are pretty mild and tame.

 

Mine had 20 Admissons, 22 Interogs, and 16 Production. They are P....O......d at me.....LOL

 

I drove cross country for several years and I never had any statements from anyone ( I had several accounts) sent to my address........only to email or I only programmed in payments, usually twice or better of the minimums....I only looked at a balance maybe every 6 or 8 months, cause I mentally kept track of balance, there didn't use to be internet quite so available as their is now so that was catch as you can a few years ago. Tha'ts why my answer's seem a little .......different.

 

What I want to show is how they keep coming back to another answer and looking for a different answer to the same inquiry.............its for impeachment.....Otherwise it is the definition of Insanity...............doing the same things over and over and expecting a different result.

 

REQUEST FOR ADMISSIONS NO.7:

 

Admit that Creditor sent to you on a monthly basis and at your correct residential address, and/or made available to you online, a statement of charges and balance due on the Account.

 

Defendant after diligent search cannot find any records nor has he received any records from the plaintiff that memorialize any such transmission or receipt of any emailed statements, therefore has insufficient information readily available to affirm or deny the allegation, and leaves the Plaintiff to his proof. This matter is addressed in Defendant's Response to Plaintiffs Motion for Summary Judgment. Therefore Deny. Plaintiff's are further referred to Defendants Response to Motion for Summary judgment.

 

INTEROGGATORY NO. 4

 

If you deny Requests for Admission No. 7, state the factual basis of any such refusal to admit and identify, including where the monthly billing statements were sent and whether any statements for the Account was ever sent to and received at your residential address, and if so, when and at what address;

Objection, is overly burdensome, cannot be reasonably calculated to lead to discovery and redundant, as Defendant has stated after diligent search no records, or documents have been found and is information that should be in the possession of the Plaintiff. Defendant refers Plaintiff to Defendants Response to Plaintiffs Motion for Summary Judgment for clarification.