BadWolf

Being sued by Cavalry in OR - Request For Admissions

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Hello All,

I've read a bunch and was able to answer the complaint.  I wasn't able to afford the lawyer I wanted in time so I'm having to pro se, and hoping for some guidance with the Request for Admissions I've received. Here are the forum questions first:

 

1. Who is the named plaintiff in the suit? Cavalry SPV

2. What is the name of the law firm handling the suit? Machol& Johannes

3. How much are you being sued for? 8,xxx

4. Who is the original creditor? BOA

5. How do you know you are being sued? Served papers

6. How were you served? In person, at the door

7. Was the service legal as required by your state? As far as I know, yes. I was handed the letter, the person walked off

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't contacted them before

9. What state and county do you live in? Oregon, Multnomah

10. When is the last time you paid on this account? Late Summer/early Fall 2009, so a couple months short of SOL

11. What is the SOL on the debt? 6 years

12. What is the status of your case? Suit served? Motions filed? I sent an answer to their complaint, they sent me a First Request for Admissions

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.  If only I knew better then

14. Did you request debt validation before the suit was filed? No

15. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days for the complaint, 30 days to respond to the Admissions, and no questionnaire.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Nothing with the complaint.  I sent a letter asking when the last payment was on the account and they sent a 1 page statement in response.

 

 

 

So from here, I'm hoping for some help with the admissions (I can post their statements in a little bit if that would be ok). 

I'm also wondering if its too late to elect JAMS since I recall reading something about having to do so within 60 days of their filing the complaint, and prior to me answering them.  From what I've read, the mandatory arbitration in OR is not my friend. Also, along with the request for admissions, they sent a letter asking me to call their office to discuss a possible resolution of the case.

Thank you all for your time and responses in advance.

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As you have probably learned in your reading, Oregon has a mandatory state arb, and you may get forced into it. If so, prepare to object to everything even this is an OC and try to prepare for an appeal if you want it. It's going to be harder fighting an OC. I just came out of a bad Wi-Fi area and tomorrow will be in another for awhile, so I am not able to really help anyone right now. BV or Shelia, or Hughie Pilot if she is still around and is also from Oregon.  For awhile I will be in the Yellowstone and Teton NP's and they have no Wi-Fi.

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It's not an original creditor.  Cavalry SPV is the debt collector, but the original account was with FIA Card Services/BoA. And yes, I'm a bit concerned with this mandatory state arbitration.

 

Please feel free to link me to any older/prior posts I may have missed that will help with a good answer.  I also get lost in my bookmarks. 

 

As for the Admissions, here's what they sent and are asking of me:

 

Pursuant to ORCP 45, Plaintiff hereby requests the Defendant admit the truth if the following withing 30 days of service hereof. FAILURE TO SERVE A WRITTEN ANSWER OR OBJECTION WITHIN THE TIME ALLOWED BY ORCP 45B WILL RESULT IN ADMISSION OF THE FOLLOWING REQUESTS. PLEASE TAKE NOTE THAT THE PLAINTIFF INTENDS TO PURSUE ITS RIGHT TO RECOVER ALL REASONABLE EXPENSES, INCLUDING ATTORNEY FEES INCURRED IN PROVING ANY FACT NOT ADMITTED HEREIN, PURSUANT TO ORCP 46C. ADMISSIONS

1. Admit that you opened a credit card account with FIA Card Services, N.A/Bank of America on or about (summer) 2003 ADMIT OR DENY:

 

2. Admit that you recieved a charge/credit ard from FIA Card Services/N.A/Bank of America ADMIT OR DENY

 

3. Admit that you entered into an agreement with FIA Card '''' for the purchase and/or payment of goods and/or cash advances using your charge/credit card from FIA'''''. ADMIT OR DENY

 

4. Admit that you recieved a Cardmember Agreement when you opened your credit/charge card account with FIA'''' ADMIT OR DENY

 

5. Admit that you entered into a contractual agreement with FIA''''. ADMIT OR DENY

 

6. Admit that the use of your FIA '''' credit/charge card was governed by the terms and Contractual Cardmember Agreement between you and FIA '''''. ADMIT OR DENY

 

7. Admit that, under the Contractual Agreement entered into between you and FIA ''''', you unconditionally guaranteed payment for all charges made by you, plus interest and fees, as applicable. ADMIT OR DENY

 

8.Admit that Cavalry SPV I, LLC purchased your account with FIA Card Services, N.A./Bank of America and, accordingly, Cavalry SPV I, LLC is the present owner of any and all rights, interests and obligations relating to said credit account. ADMIT OR DENY

 

9. Admit that you are the present owner and holder of the payment obligation Cavalry PSV, I LLc, the subject of this lawsuit. ADMIT OR DENY

 

10. Admit that you made charges and/or purchases on your FIA ''''' credit/charge card account. ADMIT OR DENY

 

11. Admit that you recieved statements from FIA '''''' on a regular basis after you opened your credit account with FIA ''''. ADMIT OR DENY

 

12. Admit that you did not notify FIA ''' and/or Cavalry SPV I, LLC of any dispute with regard to the balance due on the monthly credit/charge card statements you received. ADMIT OR DENY

 

13. Admit that you did not notify FIA ''' and/or Cavalry''' of any balance disputes from the time you first opened your FIA '''credit/charge account to the present date. ADMIT OR DENY

 

14. Admit that before, during, or after the period of time you obtained an FIA ''' credit/charge account that you resided at 123 Happy Lane OR. ADMIT OR DENY

 

15. Admit that before, during or after the period of time you obtained a FIA '''' credit/charge account you received mail at 123 Happy Lane OR. ADMIT OR DENY

 

16. Admit that you have failed to make timely payments in the amount shows as due and owing on the monthly statements sent to you by FIA '''' for the account the subject of this lawsuit. ADMIT OR DENY   (This sentence doesn't make great sense or is worded sloppily to me..?)

 

17. Admit that FIA '''' and CAvalry SPV I, LLC presented you with a claim or claims for payment of your outstanding balance on your charge card. ADMIT OR DENY

 

18.Admit that by failing to make payment as agreed, you breached the contractual agreement entered into between FIA Card Services, N.A./Bank of America. ADMITOR DENY

 

19. Admit that you ate in default of the terms of the contractual agreement entered into between you and FIA Card Services, N.A./Bank of America. ADMIT OR DENY

 

20. Admit that in the contractual agreement you entered into with FIA ''''' you agreed to pay collection costs should you breach the contractual agreement by non-payment of your FIA ''''' account. ADMIT OR DENY

 

21. Admit that the amount due by you to by Cavalry SPV I, LLC on or about Fall 2009 was $8,xxx. ADMIT OR DENY

 

Dated, Lawyer info etc.

 

 

The Page after the Admissions is a Declaration Of Responding Party:

I delclare under the penalty of perjury umder the laws of the State of Oregon that I am the Defendant in this action and am authorized...etc.

 

So I know I must answer these, and then also write my own Admissions for the Plaintiff to answer, correct? 

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Ok, this is due very soon.  I could really use some intput. Does anyone know if it's better to answer the admissions on the paper that the plaintiff has sent (pen), or if I should type it all up?

 

Also, I just received a Notice of Assignment to Arbitration from the courthouse.  I figured this may come soon, but what timing!  I'm not certain that this is the route I want to go, or if I can even do anything about it at this point.  How would I get out of the arbitration? I'm still looking through Huey Pilot's old posts, but there is a lot of info and I'm a bit overwhelmed. 

 

Please help for a fighting chance.

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Please shed some of your great skills and guidance upon my attempt at answering these admissions. Some of the wording of their admissions request is tricky, and somewhat compounded where I'd have to deny one part of the request while feeling like I had to object to the other half (like number 4, which assumes I opened an account, and also asks me to admit to receiving an agreement).

 

Ok, here we go:

 

1. Admit that you opened a credit card account with FIA Card Services, N.A/Bank of America on or about (summer) 2003 ADMIT OR DENY:

 

DENIED - Reasonable inquiry has been made and the information known or readily obtainable by the defendant is insufficient to enable the defendant to admit or deny.

 

 

2. Admit that you received a charge/credit card from FIA Card Services/N.A/Bank of America ADMIT OR DENY :

 

DENIED.  Reasonable inquiry has been made and the information known or readily obtainable by the defendant is insufficient to enable the defendant to admit or deny.

 

 

3. Admit that you entered into an agreement with FIA Card '''' for the purchase and/or payment of goods and/or cash advances using your charge/credit card from FIA'''''. ADMIT OR DENY:

 

DENY – No such written agreement has been appended to the request, therefore defendant must deny.

 

 

4. Admit that you received a Cardmember Agreement when you opened your credit/charge card account with FIA'''' ADMIT OR DENY

 

DENIED. Receipt of a Cardmember Agreement or any other documents connected to the instant action is a matter for plaintiff to prove at trial. Defendant denies receipt of any such Agreement.

 

 

5. Admit that you entered into a contractual agreement with FIA''''. ADMIT OR DENY

 

DENY - No such written agreement has been appended to the request, therefore defendant must deny.

 

 

6. Admit that the use of your FIA '''' credit/charge card was governed by the terms and Contractual Cardmember Agreement between you and FIA '''''. ADMIT OR DENY

 

DENIED. No such written agreement was appended to Plaintiffs complaint and none has been appended to the request for admissions, therefore Defendant must deny.

 

 

7. Admit that, under the Contractual Agreement entered into between you and FIA ''''', you unconditionally guaranteed payment for all charges made by you, plus interest and fees, as applicable. ADMIT OR DENY

 

DENY to the extent that the request assumes facts not in evidence.

 

 

8. Admit that Cavalry SPV I, LLC purchased your account with FIA Card Services, N.A./Bank of America and, accordingly, Cavalry SPV I, LLC is the present owner of any and all rights, interests and obligations relating to said credit account. ADMIT OR DENY

 

DENY- Defendant has no way to verify the purchases of the plaintiff and has not been provided with proof of purchase or rights related to said account. Or OBJECTION?

 

 

9. Admit that you are the present owner and holder of the payment obligation Cavalry PSV, I LLc, the subject of this lawsuit. ADMIT OR DENY

 

OBJECTION Calls for a legal conclusion, the purvey of which is best left to the trier of fact.

 

 

10. Admit that you made charges and/or purchases on your FIA ''''' credit/charge card account. ADMIT OR DENY

 

DENIED - Reasonable inquiry has been made and the information known or readily obtainable by the defendant is insufficient to enable the defendant to admit or deny.

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11. Admit that you received statements from FIA '''''' on a regular basis after you opened your credit account with FIA ''''. ADMIT OR DENY

 

DENY-Receipt of statements or any other documents connected to the instant action is a matter for plaintiff to prove at trial.

 

 

12. Admit that you did not notify FIA ''' and/or Cavalry SPV I, LLC of any dispute with regard to the balance due on the monthly credit/charge card statements you received. ADMIT OR DENY

 

DENIED to the extent that no evidence of the account was appended hereto for evaluation.

 

 

13. Admit that you did not notify FIA ''' and/or Cavalry''' of any balance disputes from the time you first opened your FIA '''credit/charge account to the present date. ADMIT OR DENY

 

DENY. Or object? I did not notify anyone because I didn’t know I had anyone to notify of disputes, so how would I say that, or is that saying too much?

 

 

14. Admit that before, during, or after the period of time you obtained an FIA ''' credit/charge account that you resided at 123 Happy Lane OR. ADMIT OR DENY

 

ADMITTED to the extent that the defendant resided at 123 Happy Lane. All else DENIED (or ? what to answer otherwise)

 

 

15. Admit that before, during or after the period of time you obtained a FIA '''' credit/charge account you received mail at 123 Happy Lane OR. ADMIT OR DENY

 

ADMITTED to the extent that defendant received mail at 123 Happy Lane. (Same as above. ?)

 

 

16. Admit that you have failed to make timely payments in the amount shows as due and owing on the monthly statements sent to you by FIA '''' for the account the

subject of this lawsuit. ADMIT OR DENY   (This sentence is worded oddly to me..?)

 

OBJECTION.  HELP?

 

 

17. Admit that FIA '''' and Cavalry SPV I, LLC presented you with a claim or claims for payment of your outstanding balance on your charge card. ADMIT OR DENY

 

DENIED.

 

 

18. Admit that by failing to make payment as agreed, you breached the contractual agreement entered into between FIA Card Services, N.A./Bank of America. ADMITOR DENY

 

DENIED. Defendant does not have in her possession any terms for a credit account provided from Original Creditor and therefore denies.

 

 

19. Admit that you are in default of the terms of the contractual agreement entered into between you and FIA Card Services, N.A./Bank of America. ADMIT OR DENY

 

DENIED. Defendant does not have in her possession any terms for a credit account provided from Original Creditor and therefore denies.

 

 

20. Admit that in the contractual agreement you entered into with FIA ''''' you agreed to pay collection costs should you breach the contractual agreement by non-payment of your FIA ''''' account. ADMIT OR DENY

 

DENIED. No such written agreement was appended to Plaintiffs complaint and none has been appended to the request for admissions, therefore Defendant must deny. Defendant cannot speculate as to the terms of a document which has not been provided.

 

 

21. Admit that the amount due by you to by Cavalry SPV I, LLC on or about Fall 2009 was $8,xxx. ADMIT OR DENY

DENIED. No liability has been established, therefore no payment is required.

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How much time do you have? That's a big debt.  Depending on how much time you have, you may want to consider amending your answer to compel arbitration instead.  If you answer these, arb would be off the table.  Read a bit in the arb forum before you decide.  It is different than the court appointed arb Might be the way to go.

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I have to answer by Friday the latest. I wanted to do Thursday just to be safe and have a day buffer. I know little about 'amending my answer' to compel arbitration. Would I just be sending a completely different form or letter instead to do that?  I've been researching how to answer these admission and haven't had much time to look at the arbitration forum because I wasn't sure which way to go or what would be better for me.  Oi.

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@shellieh98 Well, I've been reading the arbitration forum for an hour now, among other preparative things, and I'm thinking its a bit late.  There is so much info there, and filtering through it is taking time I should rather focus on my answers. Had I known better sooner! I can always attempt for a trial afterwards if arbitration goes really wonky.  Unless anyone has alternative ideas or...?

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Ok, well you can fight this the old fashioned way. If you lose, or. Gets to do a trial de novo, meaning you get to start over. One of your doc requests now should be to ask for the card agreement governing the account. Then in the de novo you can use that agreement to demand arbitration, if the say anything about the prior trial, you were only made aware of the arb clause when plaintiff sent you the agreement. BOA has arb clauses.

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A Amendments. A pleading may be amended by a party once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may so amend it at any time within 20 days after it is served. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. Whenever an amended pleading is filed, it shall be served upon all parties who are not in default, but as to all parties who are in default or against whom a default previously has been entered, judgment may be rendered in accordance with the prayer of the original pleading served upon them; and neither the amended pleading nor the process thereon need be served upon such parties in default unless the amended pleading asks for additional relief against the parties in default.

 

Trying to see if you could amend your answer.  It would be better to try and kick this to arb first. 

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Remember Shelia, Oregon has a mandated state arb. He will have to get by that to get to the private arb like Huey did. I think he will have to petition the court to do that, and they will balk at it as it's a money maker for Oregon set up by the lawyers. At least he if has to use the state arb, be prepared to object to everything and be able to cite Oregon law in doing so.

 

I am now just outside of Salt Lake City headed for Moab, UT and several NP in that area. So, I will be without internet again for awhile. You and BV have fun without me.

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Remember Shelia, Oregon has a mandated state arb. He will have to get by that to get to the private arb like Huey did. I think he will have to petition the court to do that, and they will balk at it as it's a money maker for Oregon set up by the lawyers. At least he if has to use the state arb, be prepared to object to everything and be able to cite Oregon law in doing so.

I am now just outside of Salt Lake City headed for Moab, UT and several NP in that area. So, I will be without internet again for awhile. You and BV have fun without me.

No, if he hasn't been more than 20 days since he answered he could amend and file to demand priviate contractual arb now taking it out of the ore court system. If he can't amend, he's stuck fighting it until there is a trial de novo.

Have fun on your trip. (Btw it is shellie, not Sheila lol)

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It's raining here.  I copied all your admits down, answered them, and then hit post not knowing my internet was down because of the rain (I have wireless, it goes out sometimes in the rain)  so I lost them all.  Ill try again later, or I may just send you some responses to use.

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Sorry Shellie. What with my limited Wi-Fi this morning and the fact that I can no longer type 90 wpm with only three errors to the page due to being blown up in Viet Nam. Oh Well. That was more or less what I was trying to say this morning that the OP would have to petition the court to get around the Oregon mandated circus and get the private arb. You covered it good.

 

I just got to Moab, it's still as beautiful as ever and I will be seeing a lot of it over the next few days. After that I may go onto Las Vegas. After going through there hundreds of times over the last fifty years I haven't lost anything there. I just go for the food at the buffets.  May go instead onto Reno. I like that town better. used to live not far from there. Have fun in the rain, you and BV take care of the OP.

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@BadWolf

 

16. Admit that you have failed to make timely payments in the amount shows as due and owing on the monthly statements sent to you by FIA '''' for the account the

subject of this lawsuit. ADMIT OR DENY   (This sentence is worded oddly to me..?)

 

 

Have you received more than the one page statement? 

 

Does it show charges and/or payments?  

 

Is the balance on the statement the same as the amount for which you're being sued?

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@shellieh98 It has been more than 20 days since I filed the answer to the complaint.  I'm over 20 days into having to respond to the RFAs, with which Whipitgood is trying to help me, along with an amended answer. I will gladly use any help with answers that you would give too!  I figure it doesn't hurt to have several experienced folks giving insight.  Thank you!  PS We'll take some of that rain in Oregon. It's been so dry!

 

@TomnTex I shall have to get very familiar with the Oregon laws, and have been reading them, but its taking time to absorb.  Also, your trip sounds amazing.  That is some beautiful park and desert land.  Happy travels to you, and thank you for taking time out to check back on here.

 

@BV80 I haven't received more than the one page from the lawyers. The one page has a brief summary of transactions and doesn't show individual payments or charges.  The amounts do match. Thank you.

 

I hope I covered everything there.  All of your help is greatly appreciated.

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@BadWolf

 

Just to make sure (sorry about that), it's not actually a credit card statement?  Is it a summary created by the plaintiff?    Does it say something like "copied from information from FIA" or something like that?

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@BadWolf

 

16. Admit that you have failed to make timely payments in the amount shows as due and owing on the monthly statements sent to you by FIA '''' for the account the subject of this lawsuit. ADMIT OR DENY   (This sentence doesn't make great sense or is worded sloppily to me..?)

 

Since the statement doesn't show any payments, I might state:

 

After a reasonable search of his records, Defendant has insufficient information to admit or deny.  Based upon the foregoing, Defendant denies.

 

 

 

8. Admit that Cavalry SPV I, LLC purchased your account with FIA Card Services, N.A./Bank of America and, accordingly, Cavalry SPV I, LLC is the present owner of any and all rights, interests and obligations relating to said credit account. ADMIT OR DENY

 

 

Objection to "your account with FIA Card Services".  Plaintiff has provided no documentation to show that the alleged account in question was opened by and is owed by Defendant.  Without waiving the foregoing objection, Defendant denies.

 

BTW, read your rules regarding admission requests.  Can you simply "deny" or claim "insufficient information?  Or is an explanation required with one of those responses?

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@BV80 Thank you, those make sense. Yes, I can just deny, from what I understand. However, I can only answer with 'insufficient information' if I include that  'reasonable inquiry has been made and the information known or readily obtainable by the defendant is insufficient to enable the defendant to admit or deny." This page, along with the court rules, has been quite helpful, though I don't know how to utilize it fully:

 

http://lindsayhart.com/wp-content/uploads/2013/01/Strategies-for-Opposing-Requests-for-Admission-OADC-The-Verdict-Fall-2012.pdf

 

For some of the RFAs I didn't want to simply 'deny' because they are compounded and could be twisted against me later if I don't explain a little more fully. Does that make sense?  Boy my brain is getting a workout.

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@BadWolf

 

Do you rules allow for compounded admissions?  If not, object to them.  Also, you can probably "admit in part" and "deny in part".  Just specify to what you're admitting and denying.

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