Mistie Posted October 9, 2018 Report Posted October 9, 2018 Hello, I’m being sued on a old HSBC card and would greatly appreciate any help from members here with more knowledge and experience than me. I have already answered Plaintiff’s complaint as well as sent my request for admissions and request for documents and my own affidavit denying I owe plaintiff the sum of $2,xxx. They then sent me Request for admissions and Interrogatories and request for production. REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit that attached hereto are copies of the original documents associated with the account issued by the original creditor: a.) Cardmember Agreement and Disclosure Statement • b.) Affidavit of Assignment c.) Billing Statement with closing date of April 6, 2012 REQUEST FOR ADMISSION NO. 2: Admit the Defendant, xxxxx xxxxxxx, applied for and was issued a credit card from HSBC Card Services, Inc. REQUEST FOR ADMISSION NO. 3: Admit the Defendant, xxxxx xxxxxxx, received a credit card from HSBC Card Services, Inc. via the U.S. Postal Service. REQUEST FOR ADMISSION NO. 4: Admit the Defendant, xxxxx xxxxxxx, received said credit card, a label was adhered requiring the Defendant to call and activate said credit card. REQUEST FOR ADMISSION NO. 5: Admit the Defendant, xxxxx xxxxxxx, did call and is activate said credit card. REQUEST FOR ADMISSION NO. 6 Admit the Defendant, xxxxx xxxxxxx, made purchases with said credit card. REQUEST FOR ADMISSION NO. 7: Admit the Defendant, xxxxx xxxxxxx, defaulted on the terms of said contract. REQUEST FOR ADMISSION NO. 8: Admit the Defendant, xxxxx xxxxxxx, failed to pay the monthly payments as contracted. REQUEST FOR ADMISSION NO. 9: Admit the Defendant, xxxxx xxxxxxx, used the credit card to obtain a cash advance. REQUEST FOR ADMISSION NO. 10: Admit the Issuer made cash advances to the the Defendant. REQUEST FOR ADMISSION NO. 11: Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card. REQUEST 10 ADMISSION NO. 12 Admit the Defendant, accepted each such advance on the Account. REQUEST FOR ADMISSION NO. 13: Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement. REQUEST FOR ADMISSION NO. 14: Admit the Defendant, xxxxx xxxxxxx, did not send to the Issuer a written dispute of the billing statement, within sixty days of the date of any billing statement on the account. REQUEST FOR ADMISSION NO. 15: Admit the Defendant is indebted to the Plaintiff as assignee of HSBC Card Services, Inc. REQUEST FOR ADMISSION NO. 16: Admit the Plaintiff's book and record show the Defendant with a balance due of $2,XXX. REQUEST FOR ADMISSION NO. 17: Admit the Defendant owes the Plaintiff the sum of $2,XXX INTERROGATORIES AND REQUEST FOR PRODUCTION Comes the Plaintiff,XXXXXXXX XXXXXXX, by and through its Attorney XXXXXXXX, and pursuant to Rule 33 and 34 of the Arkansas Rules of Civil Procedure propounds the following Interrogatories and Request for Production to the Defendant, xxxxx xxxxxx, to be Answered under oath: INTERROGATORIES AND REQUEST FOR PRODUCTION INTERROGATORY NO. 1: Please state the Defendant's current address, telephone number, social security number, and place of employment. Please include the address and telephone number of employer. INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial. INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint. INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony of each person the Defendant plans to call as witnesses. INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial of this cause. REQUEST FOR PRODUCTION NO. 1: In reference to Interrogatory No. 5, please provide Plaintiff with a copy of all documents, tapes, transcripts, receipts and any other evidence that the Defendant will introduce at a trial of this cause. INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff. INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such. REQUEST FOR PRODUCTION NO. 2: In reference to Interrogatory No. 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment. INTERROGATORY NO. 8: Please state the date and amount of your last payment on said account. INTERROGATORY NO. 9: Please state the balance due on said account after your last payment. INTERROGATORY NO. 10: If the Defendant denies having received the card identify any person whom The Defendant believes may have received the credit card. INTERROGATORY NO. 11: If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card. REQUEST FOR PRODUCTION NO. 3: Please produce all billing statements from Issuer to the Defendant. REQUEST FOR PRODUCTION NO. 4: Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer. REQUEST FOR PRODUCTION NO. 5: Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. INTERROGATORY NO. 12: If the Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than the Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. REQUEST FOR PRODUCTION NO. 6: If the Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than the Defendant, please produce the documents on which any such contention or belief is based. INTERROGATORY NO. 13: 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 opinion of each such person concerning the subject matter of this litigation. INTERROGATORY NO. 14: 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. INTERROGATORY NO. 15: Was your mailing address when the statements were mailed the same as the address listed on the statements? INTERROGATORY NO. 16: If your response to Interrogatory 15 is no, what was your mailing address when the statements were mailed? REQUEST FOR PRODUCTION NO. 7: Please produce a copy of your utility bills including electric, water, and gas for the period the statements for the account in questions were mailed INTERROGATORY NO. 17: Did you authorize anyone else to use your card at any time the account was open? INTERROGATORY NO. 18: In response to Interrogatory 16, please identify all persons who were authorized to use your card. INTERROGATORY NO. 19: Was the card in your possession on the charge-off date? INTERROGATORY NO. 20: In response to Interrogatory 18, if the card was not in your possession please identify who was in possession of the card. INTERROGATORY NO. 21: Please provide your bank information, including the branch location, address, and telephone number. REQUEST FOR PRODUCTION NO. 8: In reference to Interrogatory No. 20, please provide Plaintiff with a copy of your bank statements from April xx, 2012 to October xx, 2013. INTERROGATORY NO. 22: Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you. Will you do so? So I now have to respond to their request for Admissions, Interrogatories and request for documents and would like help on the best way to respond to the requests. Any help is greatly appreciated! Quote
Mistie Posted October 9, 2018 Author Report Posted October 9, 2018 And this is what I've come up with so far with Interrogatories and request for Production Looking for feedback on them as well. Still thinking on wording to use on # 15, 16, 17 & 19. The filing of these responses to Plaintiff’s discovery should not be construed in any manner to constitute a waiver of any of Defendant’s earlier pled affirmative defenses. Defendant is merely complying with the discovery requirements of Arkansas Rules of Civil Procedure. Therefore, in complying with this rule, much of the material given in these responses are and would be inadmissible either in any hearing of the case or in the trial thereof. Accordingly, the party responding specifically reserves the right to contest the admissibility of any response or responses given hereunder, both at any hearing in this case and at the trial thereof, and nothing herein contained shall be deemed an admission that these responses or any part of these responses constitutes admissible evidence. GENERAL OBJECTIONS Defendant objects generally to all of Plaintiff’s First Interrogatories to Defendant on each of the following grounds: (a) Defendant objects to all Interrogatories to the extent that they purport to impose upon Defendant an obligation to make a greater investigation and consult more documents than is required by the Arkansas Rules of Civil Procedure. (b) Defendant further objects to the Interrogatories to the extent that they purport to impose upon Defendant an obligation to become aware of and to disclose the identity, location and conduct of persons for whom Defendant is not responsible and/or over whom Defendant has no control. (c) Defendant reserves the right to supplement or amend these responses and objections as additional information becomes available to Defendant. INTERROGATORY NO. 1: Please state the Defendant's current address, telephone number, social security number, and place of employment. Please include the address and telephone number of employer. RESPONSE TO INTERROGATORY NO. 1: OBJECTION. The information sought concerning address, telephone number, and social security number is already known to Plaintiff. The remainder is improper and not likely to lead to admissible evidence connected to the subject of the instant action, which is whether or not Defendant owes Plaintiff a debt. INTERROGATORY NO. 2: In the event the Defendant denies any of the submitted Requests for Admission, please state specifically the reason for said denial. RESPONSE TO INTERROGATORY NO. 2: OBJECTION. Premature, discovery is ongoing. Defendant has denied allegations, burden of proof lies on Plaintiff. Also calls for testimony. Defendant's preparation for trial is not complete at this time. INTERROGATORY NO. 3: Please state specifically the dispute you have with the information contained in the Complaint. RESPONSE TO INTERROGATORY NO. 3: Defendant disputes having any outstanding debt with Plaintiff nor having incurred any such debt. INTERROGATORY NO. 4: In the event this cause should be tried, please state the names, addresses, telephone numbers and expected testimony of each person the Defendant plans to call as witnesses. RESPONSE TO INTERROGATORY NO. 4: Defendant does not plan to call any witnesses, but will supplement this answer should any witnesses become available. INTERROGATORY NO. 5: Please list and describe all tangible evidence the Defendant expects to introduce at trial of this cause. RESPONSE TO INTERROGATORY NO. 5: Defendant at this time has no tangible evidence to disclose, but will supplement this answer if such evidence becomes available. REQUEST FOR PRODUCTION NO. 1: In reference to Interrogatory No. 5, please provide Plaintiff with a copy of all documents, tapes, transcripts, receipts and any other evidence that the Defendant will introduce at a trial of this cause. RESPONSE TO REQUEST FOR PRODUCTION NO 1: Defendant does not have any of the documents requested, but will supplement this answer if such documents become available. INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff. RESPONSE TO INTERROGATORY NO. 6: Defendant has no outstanding debt with Plaintiff nor having incurred any. INTERROGATORY NO. 7: If the Defendant is claiming a payment, credit or offset that Plaintiff is not giving the Defendant credit for, please state the amount, date, and mode of such. RESPONSE TO INTERROGATORY NO. 7: Defendant is making no claim of payment, credit, or offset to Plaintiff. Defendant has no outstanding debt with Plaintiff nor having incurred any. REQUEST FOR PRODUCTION NO. 2: In reference to Interrogatory No. 7, please provide Plaintiff with a copy of the receipt, canceled check, or any other proof of such payment. RESPONSE TO REQUEST FOR PRODUCTION NO 2: Defendant does not have any of the documents requested, but will supplement this answer if such documents become available. INTERROGATORY NO. 8: Please state the date and amount of your last payment on said account. RESPONSE TO INTERROGATORY NO. 8: Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 7 above. INTERROGATORY NO. 9: Please state the balance due on said account after your last payment. RESPONSE TO INTERROGATORY NO. 9: Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 3 above. INTERROGATORY NO. 10: If the Defendant denies having received the card identify any person whom The Defendant believes may have received the credit card. RESPONSE TO INTERROGATORY NO. 10: The information known or readily obtainable by Defendant is insufficient to speculate on identity of person or persons who could have received the card. INTERROGATORY NO. 11: If the Defendant denies having used the card identify any person whom the Defendant believes may have used the card and state whether each such person was authorized by the Defendant to use the card. RESPONSE TO INTERROGATORY NO. 11: The information known or readily obtainable by Defendant is insufficient to speculate on identity of person or persons who could have used the card and if such person or persons were authorized to use said card. REQUEST FOR PRODUCTION NO. 3: Please produce all billing statements from Issuer to the Defendant. RESPONSE TO REQUEST FOR PRODUCTION NO 3: Defendant has diligently and reasonably searched for documents responsive to the request and no such documents were found. REQUEST FOR PRODUCTION NO. 4: Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer. RESPONSE TO REQUEST FOR PRODUCTION NO 4: Defendant has diligently and reasonably searched for documents responsive to the request and no such documents were found. REQUEST FOR PRODUCTION NO. 5: Please provide true copies of all correspondence from the Defendant to Issuer disputing any billing statement on the Account, together with proof of sending and receipt of such correspondence. RESPONSE TO REQUEST FOR PRODUCTION NO 5: Defendant has diligently and reasonably searched for documents responsive to the request and no such documents were found. INTERROGATORY NO. 12: If the Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than the Defendant, identify such other persons or entities and state the facts on which that contention or belief is based. RESPONSE TO INTERROGATORY NO. 12: Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 10 and 11 above. REQUEST FOR PRODUCTION NO. 6: If the Defendant contends or believes that the debt that is the subject of this suit is the obligation of any person or entity other than the Defendant, please produce the documents on which any such contention or belief is based. RESPONSE TO REQUEST FOR PRODUCTION NO 6: Defendant does not have any of the documents requested, but will supplement this answer if such documents become available. INTERROGATORY NO. 13: 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 opinion of each such person concerning the subject matter of this litigation. RESPONSE TO INTERROGATORY NO. 13: Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 4 above. INTERROGATORY NO. 14: 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. 14: Defendant believes this Interrogatory was addressed in the response to Interrogatory No. 3 above. INTERROGATORY NO. 15: Was your mailing address when the statements were mailed the same as the address listed on the statements? RESPONSE TO INTERROGATORY NO. 15:..... INTERROGATORY NO. 16: If your response to Interrogatory 15 is no, what was your mailing address when the statements were mailed? RESPONSE TO INTERROGATORY NO. 16:........... REQUEST FOR PRODUCTION NO. 7: Please produce a copy of your utility bills including electric, water, and gas for the period the statements for the account in questions were mailed RESPONSE TO REQUEST FOR PRODUCTION NO 7: Objection. The Plaintiff seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant INTERROGATORY NO. 17: Did you authorize anyone else to use your card at any time the account was open? RESPONSE TO INTERROGATORY NO. 17:........ INTERROGATORY NO. 18: In response to Interrogatory 16, please identify all persons who were authorized to use your card. RESPONSE TO INTERROGATORY NO. 18:.......... The information known or readily obtainable by Defendant is insufficient to speculate on identity of person or persons who were authorized to use said card. INTERROGATORY NO. 19: Was the card in your possession on the charge-off date? RESPONSE TO INTERROGATORY NO. 19:......... INTERROGATORY NO. 20: In response to Interrogatory 18, if the card was not in your possession please identify who was in possession of the card. RESPONSE TO INTERROGATORY NO. 20:......... INTERROGATORY NO. 21: Please provide your bank information, including the branch location, address, and telephone number. RESPONSE TO INTERROGATORY NO. 21: Objection. The Plaintiff seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant REQUEST FOR PRODUCTION NO. 8: In reference to Interrogatory No. 20, please provide Plaintiff with a copy of your bank statements from April x, 2012 to October xx, 2013. RESPONSE TO REQUEST FOR PRODUCTION NO 8: Objection. The Plaintiff seeks information that is not relevant to any issue in this action, information not calculated to lead to the discovery of admissible evidence, information not relevant to any subject matter of this action, and would result in the disclosure of information where such disclosure would violate the privacy rights of the Defendant INTERROGATORY NO. 22: Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you. Will you do so? RESPONSE TO INTERROGATORY NO. 22: OBJECTION. Defendant will follow the Rules of Civil Procedure outlined in our fair state’s statutes with applicable instructions for answering Plaintiff’s requests. Quote
Mistie Posted October 9, 2018 Author Report Posted October 9, 2018 So far this is what I've come up with on Admissions Request. Appreciate any feedback. GENERAL OBJECTIONS 1. Defendant objects to the discovery requests to the extent they purport to require supplementation or responses beyond that required by the Arkansas Rules of Civil Procedure. 2.Defendant objects to the requests to the extent that they are vague, ambiguous, overly broad, unduly burdensome or oppressive, or seeks information that is relevant neither to the claims or defenses of any party nor to the subject matter involved in this action. 3.These general objections apply to every response provided, as if they were fully set forth in each specific response. 4. Defendant reserves the right to amend and supplement these or other written discovery responses prior to trial and after further investigation, discovery, legal analysis, and consultation with potential witnesses. OBJECTIONS AND RESPONSES REQUEST FOR ADMISSION NO. 1: Admit that attached hereto are copies of the original documents associated with the account issued by the original creditor: a.) Cardmember Agreement and Disclosure Statement • b.) Affidavit of Assignment c.) Billing Statement with closing date of April 6, 2012 RESPONSE TO REQUEST FOR ADMISSION NO.1: Objection Defendant is not a qualified witness to provide testimony concerning the authenticity, trustworthiness, or accuracy of alleged documents attached, the request is compound in nature, irrelevant without waiving objection Defendant admits in part that documents were attached. Denied as to being records under the possession, custody, or control of defendant. Denied as to being relevant to the present litigation. Denied as being authentic. REQUEST FOR ADMISSION NO. 2: Admit the Defendant, xxxxx xxxxxxx, applied for and was issued a credit card from HSBC Card Services, Inc. RESPONSE TO REQUEST FOR ADMISSION NO.2: Request is vague and does not specifically refer to the account being sued upon. Based on foregoing, Defendant DENIES. REQUEST FOR ADMISSION NO. 3: Admit the Defendant, xxxxx xxxxxxx, received a credit card from HSBC Card Services, Inc. via the U.S. Postal Service. RESPONSE TO REQUEST FOR ADMISSION NO.3: Request is vague and does not specifically refer to the account being sued upon. Based on foregoing, Defendant DENIES. REQUEST FOR ADMISSION NO. 4: Admit the Defendant, xxxxx xxxxxxx, received said credit card, a label was adhered requiring the Defendant to call and activate said credit card. RESPONSE TO REQUEST FOR ADMISSION NO.4: Request is vague and does not specifically refer to the account being sued upon. Based on foregoing, Defendant DENIES. REQUEST FOR ADMISSION NO. 5: Admit the Defendant, xxxxx xxxxxxx, did call and is activate said credit card. RESPONSE TO REQUEST FOR ADMISSION NO.5: Request is vague and does not specifically refer to the account being sued upon. Based on foregoing, Defendant DENIES. REQUEST FOR ADMISSION NO. 6 Admit the Defendant, xxxxx xxxxxxx, made purchases with said credit card. RESPONSE TO REQUEST FOR ADMISSION NO.6: The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny. Based upon the foregoing, Defendant DENIES. REQUEST FOR ADMISSION NO. 7: Admit the Defendant, xxxxx xxxxxxx, defaulted on the terms of said contract. RESPONSE TO REQUEST FOR ADMISSION NO.7: Denied. REQUEST FOR ADMISSION NO. 8: Admit the Defendant, xxxxx xxxxxxx, failed to pay the monthly payments as contracted. RESPONSE TO REQUEST FOR ADMISSION NO.8: Denied. REQUEST FOR ADMISSION NO. 9: Admit the Defendant, xxxxx xxxxxxx, used the credit card to obtain a cash advance. RESPONSE TO REQUEST FOR ADMISSION NO.9: Denied. REQUEST FOR ADMISSION NO. 10: Admit the Issuer made cash advances to the the Defendant. RESPONSE TO REQUEST FOR ADMISSION NO.10: Denied. REQUEST FOR ADMISSION NO. 11: Admit the Issuer made payment for purchases the Defendant made from third parties by using the credit card. RESPONSE TO REQUEST FOR ADMISSION NO.11: The information known or readily obtainable by Defendant is insufficient to enable Defendant to admit or deny. Based upon the foregoing, Defendant DENIES. REQUEST 10 ADMISSION NO. 12 Admit the Defendant, accepted each such advance on the Account. RESPONSE TO REQUEST FOR ADMISSION NO.12: Denied. REQUEST FOR ADMISSION NO. 13: Admit by accepting each such advance under the terms of the agreement applicable to the account, the Defendant became bound to pay the amounts of such advances, plus any additional charges provided for in the credit card agreement. RESPONSE TO REQUEST FOR ADMISSION NO.13: Denied. REQUEST FOR ADMISSION NO. 14: Admit the Defendant, xxxxx xxxxxxx, did not send to the Issuer a written dispute of the billing statement, within sixty days of the date of any billing statement on the account. RESPONSE TO REQUEST FOR ADMISSION NO.14: Admitted to the extent that pursuant to Section 161 of the Fair Credit Billing Act, PUBLIC LAW 93-495, no such obligation is imposed upon consumers. REQUEST FOR ADMISSION NO. 15: Admit the Defendant is indebted to the Plaintiff as assignee of HSBC Card Services, Inc. RESPONSE TO REQUEST FOR ADMISSION NO.15: Denied. REQUEST FOR ADMISSION NO. 16: Admit the Plaintiff's book and record show the Defendant with a balance due of $2,959.51. RESPONSE TO REQUEST FOR ADMISSION NO.16: Denied. REQUEST FOR ADMISSION NO. 17: Admit the Defendant owes the Plaintiff the sum of $2,XXX RESPONSE TO REQUEST FOR ADMISSION NO.17: Denied. Quote
Clydesmom Posted October 9, 2018 Report Posted October 9, 2018 39 minutes ago, Mistie said: I’m being sued on a old HSBC card and would greatly appreciate any help from members here Old is an understatement. WHEN did you default on this because it may be that you have a gold plated affirmative defense that the SOL for suit is expired and they waited too long. Also, WHO is suing you? If that isn't the case here are the few suggestions I have: 40 minutes ago, Mistie said: REQUEST FOR ADMISSION NO. 1: Defendant admits that copies are attached to the complaint but lacks the required knowledge or expertise to determine they are true or exact copies. 42 minutes ago, Mistie said: REQUEST FOR ADMISSION NO. 9: REQUEST 10 ADMISSION NO. 12 REQUEST FOR ADMISSION NO. 13: DENIED 44 minutes ago, Mistie said: REQUEST FOR ADMISSION NO. 17: Admit the Defendant owes the Plaintiff the sum of $2,XXX DENIED. Defendant believes the Plaintiff lacks standing to and denies knowledge of the account. 44 minutes ago, Mistie said: INTERROGATORY NO. 1: Please state the Defendant's current address, telephone number, social security number, and place of employment. Please include the address and telephone number of employer. [Your address and phone number] The information regarding employment is not relevant to the basis of the suit and not destined to reveal any information material to the complaint. 47 minutes ago, Mistie said: INTERROGATORY NO. 6: Please state the correct balance, if any, the Defendant believes is owed to the Plaintiff. $0. Defendant has no basis to believe they are indebted to the Plaintiff for any amount. 48 minutes ago, Mistie said: REQUEST FOR PRODUCTION NO. 3: Please produce all billing statements from Issuer to the Defendant. REQUEST FOR PRODUCTION NO. 4: Please produce a copy of the front and back of the credit card issued to the Defendant from Issuer. DENIED. This request is overly broad and burdensome on an alleged account that is over 6 years in age. Defendant is not in possession of any documents belonging to the account alleged in the complaint. 49 minutes ago, Mistie said: REQUEST FOR PRODUCTION NO. 7: Please produce a copy of your utility bills including electric, water, and gas for the period the statements for the account in questions were mailed OBJECTION: this request is overly broad and burdensome and irrelevant to the complaint as filed. Billing statements for accounts unrelated to the complaint as filed are hearsay and will not lead to information that is material to the case. 52 minutes ago, Mistie said: INTERROGATORY NO. 21: Please provide your bank information, including the branch location, address, and telephone number. OBJECTION: Defendants current banking information is irrelevant and immaterial to the complaint as filed. Plaintiff is not entitled to personal information that is not material to the complaint as filed. 53 minutes ago, Mistie said: REQUEST FOR PRODUCTION NO. 8: In reference to Interrogatory No. 20, please provide Plaintiff with a copy of your bank statements from April xx, 2012 to October xx, 2013. OBJECTION: The request is overly broad and burdensome and not destined to reveal information material to the complaint as filed. 54 minutes ago, Mistie said: INTERROGATORY NO. 22: Please treat these interrogatories as continuing and supplement your answers with additional information as it becomes available to you. Will you do so? Discovery is ongoing at this time and Defendant reserves the right to amend their answers and defenses as appropriate. 1 Quote
Goody_Ouchless Posted October 9, 2018 Report Posted October 9, 2018 When does the complaint say that you defaulted? Quote
Mistie Posted October 9, 2018 Author Report Posted October 9, 2018 It's a Junk Debt buyer. They have a affidavit from capital one who I assume bought out HSBC its claiming sale to JDB. Affidavit says they bought it in 2012 but affidavit dated this year. Then they have a Affidavit from JDB themselves claiming last payment was in Oct of 2013. If that's the case then they the JDB claim I made payment to them in Oct 2013. I don't remember making a payment to them. Thanks Clydesmom for your feedback. I will make the changes. Thankyou for your time it's very much appreciated! Quote
Mistie Posted October 9, 2018 Author Report Posted October 9, 2018 7 hours ago, Clydesmom said: WHO is suing you? Quote
Clydesmom Posted October 9, 2018 Report Posted October 9, 2018 7 hours ago, Mistie said: Then they have a Affidavit from JDB themselves claiming last payment was in Oct of 2013. If that's the case then they the JDB claim I made payment to them in Oct 2013. WHOA. Contact your bank and get a copy of your bank statements for September and October 2013. Even if you no longer bank with them. If there is no payment you have an affirmative defense in the SOL being expired. I would consider filing an amended answer stating this as a defense because if you fail to raise it you waive it. I don't know who this JDB is but I would be fighting this HARD. Quote
LaneBlane Posted October 9, 2018 Report Posted October 9, 2018 10 hours ago, Mistie said: Affidavit says they bought it in 2012 but affidavit dated this year. Then they have a Affidavit from JDB themselves claiming last payment was in Oct of 2013. The SOL for most credit card debt in Arkansas appears to be five years. It's odd the JDB claims they purchased the account in 2012, but the last payment was in October 2013. Clydesmom suggestion is perfect. Ask your bank for copies of your statements from September and October 2013. If there are no payments reflected for your HSBC account, the SOL has expired. If Mistie can use the SOL as an affirmative defense, what's their next step? Does Arkansas allow you to ask for leave of court to amend an answer? Quote
Goody_Ouchless Posted October 9, 2018 Report Posted October 9, 2018 Is this them? Bureaus Investment Group Considering Cap1 HSBC acquisition was in 2011, and it may have taken time to absorb all accounts, it's possible the 2012 item refers to the transfer from HSBC to Cap 1. In any event, getting those 2013 bank records is your next step. Quote
Mistie Posted October 10, 2018 Author Report Posted October 10, 2018 14 hours ago, Clydesmom said: I would consider filing an amended answer stating this as a defense because if you fail to raise it you waive it. In my answer to complaint and my first defense was " Defendant is not liable to plaintiff because the alleged debt is barred by the statute of limitations." I'll check with bank. I don't see how a bank statement would prove a payment wasn't made because they can state that the "Oct statement" isn't the same bank account that was used. I would think that they would have to show somehow that a payment was made in 2013 to prove that it's within SOL. On another note my request for docs & admissions was sent to them on Sept 10th and have not received any kind of reply to it. From my understanding I would need to file a motion to deem admissions as admitted due to their failure to respond. I will have to send my response to their requests by the 15th to be safe. I received them on Sept 18th. Quote
Mistie Posted October 10, 2018 Author Report Posted October 10, 2018 These are the last 4 that needed answered. Would appreciate feedback on my response as well as idea on # 15 I feel like it's a trick question and need to respond to it in a certain way. INTERROGATORY NO. 15: Was your mailing address when the statements were mailed the same as the address listed on the statements? RESPONSE TO INTERROGATORY NO. 15: ? INTERROGATORY NO. 17: Did you authorize anyone else to use your card at any time the account was open? RESPONSE TO INTERROGATORY NO. 17: Defendant has no knowledge of the alleged account. INTERROGATORY NO. 19: Was the card in your possession on the charge-off date? RESPONSE TO INTERROGATORY NO. 19: Defendant has no knowledge of the alleged account. INTERROGATORY NO. 20: In response to Interrogatory 18, if the card was not in your possession please identify who was in possession of the card. RESPONSE TO INTERROGATORY NO. 20: The information known or readily obtainable by Defendant is insufficient to speculate on identity of person or persons who were in possession of said card. Quote
Mistie Posted October 10, 2018 Author Report Posted October 10, 2018 11 hours ago, Goody_Ouchless said: Is this them? Bureaus Investment Group Looks like it. I assume they have different branches the one that's after me is BUREAUS INVESTMENT GROUP PORTFOLIO NO 15 LLC. Quote
Clydesmom Posted October 10, 2018 Report Posted October 10, 2018 6 hours ago, Mistie said: In my answer to complaint and my first defense was " Defendant is not liable to plaintiff because the alleged debt is barred by the statute of limitations." Excellent. 6 hours ago, Mistie said: I don't see how a bank statement would prove a payment wasn't made because they can state that the "Oct statement" isn't the same bank account that was used. They are the ones claiming a payment was made resetting that SOL so the burden of proof is on them. They are hoping you never respond and they get a default judgment. They also know they were beyond SOL so had to invent a reason to extend their time to use the courts. This isn't a new tactic for JDBs. If it actually goes to trial my prediction is that if you show that statement indicating no payment was made the burden shifts to them to prove one was. They will point at the affidavit stating one was and that is when I would demand to know where the copies are of the actual records reviewed showing this so I could discredit it. (it won't get this far) 6 hours ago, Mistie said: I would think that they would have to show somehow that a payment was made in 2013 to prove that it's within SOL. That is what they want that affidavit to do. My argument would also be if they are claiming a payment was made proof of that must be available negating the need for an affidavit and they should have produced a copy of that document. 6 hours ago, Mistie said: From my understanding I would need to file a motion to deem admissions as admitted due to their failure to respond. Don't forget to do this. 5 hours ago, Mistie said: NTERROGATORY NO. 15: Was your mailing address when the statements were mailed the same as the address listed on the statements? RESPONSE TO INTERROGATORY NO. 15: ? Is the mailing address on the statement copy they provided one you lived at? That effects how this answer is worded. Quote
Clydesmom Posted October 10, 2018 Report Posted October 10, 2018 If you REALLY wan them to cave even faster and possibly make a little money on this in the process I would file a counter claim for an FDCPA violation: taking an action they cannot take. Because you are counter claiming they could not remove the case to Federal Court as a tactic and could not dismiss their action without your consent to dismiss the counter claim. When counsel finally contacted me to discuss settling I would offer they pay me $2500 on the violation and for expenses spent on defense to date, delete the trade line, dismiss with prejudice, the account remains in dispute: no selling it, and no 1099-c. Even if you come down on the cash amount you still win. Quote
Mistie Posted October 11, 2018 Author Report Posted October 11, 2018 13 hours ago, Clydesmom said: Is the mailing address on the statement copy they provided one you lived at? That effects how this answer is worded. Yes, it's the same address. 7 hours ago, Clydesmom said: If you REALLY wan them to cave even faster and possibly make a little money on this in the process I would file a counter claim for an FDCPA violation: I will look into this. I assume I would have to file a amended answer to include counter claims or is a amended answer not needed to counter sue? Quote
Clydesmom Posted October 11, 2018 Report Posted October 11, 2018 17 hours ago, Mistie said: I assume I would have to file a amended answer to include counter claims or is a amended answer not needed to counter sue? I do not believe it is an amended answer. It is filed as a separate claim counter the suit. You would need to check and see how your courts do that. 17 hours ago, Mistie said: Yes, it's the same address. Then you have no choice but to admit it. With the counter claim it shouldn't be a problem though. Quote
Goody_Ouchless Posted October 11, 2018 Report Posted October 11, 2018 Any luck with the bank? Mine had many years of statements online. You really need to know if SOL is in play before making a move. Quote
Mistie Posted October 12, 2018 Author Report Posted October 12, 2018 4 hours ago, Goody_Ouchless said: Any luck with the bank? Mine had many years of statements online. You really need to know if SOL is in play before making a move. When I called the bank a few weeks ago they couldn't find a payment. I will have to go in and see about getting actual full copies of the statement in question. 5 hours ago, Clydesmom said: Then you have no choice but to admit it. With the counter claim it shouldn't be a problem though. Okay, I put this as response. INTERROGATORY NO. 15: Was your mailing address when the statements were mailed the same as the address listed on the statements? RESPONSE TO INTERROGATORY NO. 15: Defendant admits that the copies attached to the complaint show Defendant’s address. Thank you for your time and the information you have given me! Quote
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