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thxforthebp

Sued by UNIFUND LLC Please help me Answer these admissions and interrogatories

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I had debt that was bought by UNIFUND,  they refused any settlement even close to reasonable.  When I met for a settlement they didn't have proof of debt, nothing just a shakedown.  judge wouldn't dismiss so not I get this in the mail. I am not sure how to answer and really need help.  Thanks

Admit or Deny

 

1.       Defendant currently resides at………..

2.       Defendant resided at ………….at all relevant times herein

3.       Defendant received mail at ……..at all relevant times herein

4.       Defendant was issued a First Bank of Omaha credit card with account number*************9216

5.       Defendant made purchases on the First national bank of Omaha credit card with account number *************9216

6.       Defendant made payments on the first national bank of Omaha credit card with account number ************9216

7.       Defendant defaulted on the terms and conditions of the first national bank of Omaha credit card by failing to make all required monthly payments

8.       UNIFUND CCR LLC has made demand upon the defendant for the balance owned credit card account number *********9216

9.       The current principle balance due and owing by the defendant to UNIFUND CCR LLC is 5124.49

10.   The amount described as the principle balance is the amount that is shown on the final statement which is attached to the complaint  as exhibit B is correct

11.   The last payment made by the Defendant on this account was 4/17/17

12.   The total balance owned by the defendant to the plaintiff as of the date of the filing of the complaint was 5124.49

13.   The documents attached hereto and or to the complaint hereafter said documents in this case are true and correct copies of the originals and are genuine and accurate as to what they report to be

14.   There are no documents other than the said documents which bear on the account which is the subject of the clain set forth in the complaint filed in this case

15.   You are indebted to the plaintiff on the account referenced in the complaint in the sum stated in the complaint filed in this case.

 

Interrogatories

1.       Did you sign the documents, copies of which are attached hereto and or the complaint filed in this case and which purport to bear your signature? If your answer is in the negative state the name and current address of the person who signed your name and state whether they had permission to do so.

 

2.       Did you makes charges purchases and or orders to the account identified in the case at the time and in the amounts stated in the exhibit hereto and or in the complaint and attachments thereto?

 

3.       If your answer to the previous interrogatory is in the negative state in detail which items you did not accept charge purchase and or order

 

4.       Does the statement of your account which is attached hereto or to the complaint in this case include all payments and credits which are due to you on the subject account?

 

5.       If your answer to the previous interrogatory is in the negative identify in detail any payments or credits due by giving the following information about each: the date paid or due; the amount; the method of payment; and where the payment was made or credit was claimed.

 

6.       State the amount which you admit owing the Plaintiff on the subject account.

 

7.       With respect to the account at issue in this case, state in detail each and every purchase or charge that was neither made by you nor made by a person authorized by you to do so.

 

8.       If your answer to request for admission above is anything other than a unqualified admission, identify each and every document which bears on the account which is the subject of the claim set forth in the complaint filed in this case.

 

Request for production

9.       You are requested to produce, pursuant to the rules of civil procedure, copies of all documents that support any answer to the foregoing requests and interrogatories.

10.   Please supply copies of all documents that you intend to introduce in support of the allegations in your answer.

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The only paperwork I was given in the complaint is the last statement and a copy of the agreement not the original copy I signed with the card company 

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Most of those are "i am without knowledge and information to admit plaintiffs interrogatory #x and therefore deny same."

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1 hour ago, thxforthebp said:

The only paperwork I was given in the complaint is the last statement and a copy of the agreement not the original copy I signed with the card company 

NO consumer signs the card agreement.  The court will not be looking for one because they know this.  The court often does not even look for a signed application because in the digital era those don't exist either.

2 hours ago, thxforthebp said:

1.       Defendant currently resides at………..

2.       Defendant resided at ………….at all relevant times herein

3.       Defendant received mail at ……..at all relevant times herein

The first one you have to admit if it is your address.  The next two I would answer with OBJECTION: the term "relevant" is vague, broad and not defined. Defendant lacks sufficient knowledge to answer.

2 hours ago, thxforthebp said:

13.   The documents attached hereto and or to the complaint hereafter said documents in this case are true and correct copies of the originals and are genuine and accurate as to what they report to be

DENIED.  Defendant lacks the legal knowledge or expertise to attest to whether documents supplied by the Plaintiff are true, correct, genuine or accurate.

2 hours ago, thxforthebp said:

14.   There are no documents other than the said documents which bear on the account which is the subject of the clain set forth in the complaint filed in this case

DENIED.  Plaintiff has provided 2 single pages with the complaint. Discovery is ongoing and the Plaintiff should have more than these two documents in their possession on the account alleged in the complaint.

2 hours ago, thxforthebp said:

15.   You are indebted to the plaintiff on the account referenced in the complaint in the sum stated in the complaint filed in this case.

DENIED.

2 hours ago, thxforthebp said:

1.       Did you sign the documents, copies of which are attached hereto and or the complaint filed in this case and which purport to bear your signature? If your answer is in the negative state the name and current address of the person who signed your name and state whether they had permission to do so.

DENIED.  Plaintiff has provided no documents with the complaint that bear Defendant's signature.

2 hours ago, thxforthebp said:

3.       If your answer to the previous interrogatory is in the negative state in detail which items you did not accept charge purchase and or order

4.       Does the statement of your account which is attached hereto or to the complaint in this case include all payments and credits which are due to you on the subject account?

OBJECTION:  Plaintiff has provided no documents which demonstrate actual charges by which Defendant could reasonably be expected to determine if any were valid or fraudulent.

4.  OBJECTION:  Plaintiff has provided no documents which demonstrate actual credits or payments by any party.

2 hours ago, thxforthebp said:

6.       State the amount which you admit owing the Plaintiff on the subject account.

$0.  Defendant has not entered into any credit or payment agreement with the Plaintiff and no record of standing has been provided to show that the Plaintiff is entitled to collect on the account alleged in the complaint.

2 hours ago, thxforthebp said:

7.       With respect to the account at issue in this case, state in detail each and every purchase or charge that was neither made by you nor made by a person authorized by you to do so.

OBJECTION:  Plaintiff has provided no record of charges allegedly made to the account by which Defendant could reasonably be expected to answer.

2 hours ago, thxforthebp said:

8.       If your answer to request for admission above is anything other than a unqualified admission, identify each and every document which bears on the account which is the subject of the claim set forth in the complaint filed in this case.

OBJECTION:  Plaintiff has only attached two pages an alleged final statement and a card agreement.  Defendant cannot reasonably be expected to admit to all interrogatories and demands based on no evidence being provided with the complaint.  Discovery is ongoing.

Answer the rest with Harry's statement.  What ever you do DO NOT answer with the same exact answer to every one of them.  It angers the court and weakens your credibility.  Tailoring the majority just a bit gives the impression you read it and took it seriously.  They are more hard pressed to try and force answers if the first ones are direct and to the point and not cut and paste.

 

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How should I reply asking questions in my discovery? 

 

I have found a few a few examples on here  is that what I should follow? 

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I wouldn't bother with discovery on them. This isn't a murder trial. You'll see what they have when they move for summary judgment. 

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Sso these are to be answered with "i am without knowledge and information to admit  and therefore deny same"?

thanks for the help

 

 

Defendant was issued a First Bank of Omaha credit card with account number*************9216

2.       Defendant made purchases on the First national bank of Omaha credit card with account number *************9216

3.       Defendant made payments on the first national bank of Omaha credit card with account number ************9216

4.       Defendant defaulted on the terms and conditions of the first national bank of Omaha credit card by failing to make all required monthly payments

5.       UNIFUND CCR LLC has made demand upon the defendant for the balance owned credit card account number *********9216

6.       The current principle balance due and owing by the defendant to UNIFUND CCR LLC is 5124.49

7.       The amount described as the principle balance is the amount that is shown on the final statement which is attached to the complaint  as exhibit B is correct

8.       The last payment made by the Defendant on this account was 4/17/17

9.       The total balance owned by the defendant to the plaintiff as of the date of the filing of the complaint was 5124.49

10.   The documents attached hereto and or to the complaint hereafter said documents in this case are true and correct copies of the originals and are genuine and accurate as to what they report to be

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4-10 definitely. 1-3 probably. I would actually flat out deny #4 unless it's true that you never made a single payment. 

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These are all admit or deny so in theory deny all correct minus 1-3.

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